END USER LICENSE AGREEMENT
THIS AGREEMENT IS BETWEEN (“USER”) and DELTA TRADING GROUP, INC (“VENDOR”), AN ARIZONA CORPORATION. VENDOR IS WILLING TO LICENSE THE SOFTWARE / CHARTING CONFIGURATION (SOFTWARE) IDENTIFIED BELOW TO USER
IF YOU SELECT “I AGREE REGISTER”, YOU ACCEPT THE TERMS IN THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT, PURCHASING, DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE OR CHARTS, YOU ACCEPT THE TERMS OF THE AGREEMENT.
IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
BUSINESS, FINANCIAL, & TRADING RISK WARNING
Software, educational materials, book is for educational purposes and is not an offer to sell or buy securities. TRADING IN ANY BUSINESS OR FINANCIAL MARKET INVOLVES SUBSTANTIAL RISK and YOU CAN LOSE A LOT OF MONEY, and thus is not appropriate for everyone. You should carefully consider your financial condition before trading in these markets, and only risk capital should be used.
The performance relied upon by Delta Trading Group is based on historical and hypothetical trading performance information. There are no guarantees or certainties in trading. Reliability of trading signals from strategies and systems is in probabilities only. Trading involves hard work, risk, discipline and the ability to follow rules and trade through any tough periods including during system draw-downs. If you are looking for guarantees, trading is not for you. Most people lose from trading due to a lack of knowledge, improper tools, a lack of discipline, and poor money management.
1. Definitions. “Software” means the software or charting setup configurations that you obtain from Vendor in binary form, broadcast form, and all other machine readable materials that are included with such software or are provided for use with it, including (a) accessing the software through public or private broadcast, including daily live trading sessions, (b) any updates or error corrections provided by Vendor and (c) any user manuals and other documentation provided by Vendor. “Agreement” refers to this End-User License Agreement.
2. Software License fee is a single-user license, paid with a one-time fee. However, access to group trading environments is maintained through monthly dues.
3. Use. Under this Agreement, Vendor grants you a non-exclusive license to do the following:
o Access through video conferencing daily broadcasts of the Delta Charting price charts.
o Access through the Vendor website, Trading Room chats.
o Upon fully paid membership: Have access to all updated Chart configurations for third party the life of the company, even if you do not remain a monthly member of the monthly Delta Trading Group.
o If applicable, install and use one copy of the Software on a single computer. If Vendor has provided you with a Vendor-issued license certificate (“License Certificate”) that authorizes a different number of copies, then you may make the number of copies of the Software licensed to you by Vendor as provided in your License Certificate;
o Make a reasonable number of copies of the Software for backup and archival purposes only;
o Use the Software on a network, provided that you have a licensed copy of the Software for each computer or user that can access the Software over that network;
o After written notice to Vendor, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this license; and
o Use the Software in accordance with any additional permitted uses set forth below.
o Development License Grant. Subject to the terms and conditions of this Agreement, Vendor grants you a non-exclusive, non-transferable, royalty-free license to use the Software internally for the purpose of designing, developing, and testing your own original software programs. This Agreement does not license you to distribute the Software except as expressly stated herein.
4. Restrictions. You may not:
o Copy the documentation that accompanies the Software;
o Use the Software as part of an investment or brokerage business of any type, including money management.
o Sublicense), rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate or make any attempt to create derivative works from the Software except as expressly permitted by law.
o Use the Software in any manner not authorized by this Agreement.
5. Feedback. You may provide feedback to Vendor. If you do so, Vendor, without compensation to you, may use, copy, commercialize or exploit your feedback in any manner and for any purpose.
6. Third Party Software. Additional copyright notices and license terms applicable to portions of the Software from third parties may apply. Any such terms can be found on Vendor’s web site. By accepting this Agreement, you also accept the third party terms.
7. License Only. The Software is the property of Vendor or its licensors and is protected by copyright law. You are granted non-exclusive license rights only, which take effect after your acceptance of this license. No right, title or interest is granted except as expressly stated in this Agreement.
8. Limited Warranty. Vendor warrants to you that: (a) for a period of fourteen (14) days from the date of purchase, as evidenced by a copy of the receipt, the Software will function substantially in accord with its applicable documentation and (b) the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, the Software is provided “AS IS”. Your exclusive remedy and Vendor’s entire liability under this limited warranty will be at Vendor’s option to replace the Software or refund the fee paid for Software. Any implied warranties on the Software are limited to 60 days. Some regions do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which may vary from region to region.
9. Disclaimer of Warranty. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
10. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL VENDOR OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF VENDOR HAS BEEN ADVISED OF THE
11. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Vendor if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, all license grants end and you must destroy all copies of Software and cease all use.
12. Export Regulations. All Software and technical data delivered under this Agreement are subject to American export control laws and may be subject to export or import regulations in other countries. You agree to comply with all such laws and regulations.
13. Governing Law. Any action related to this Agreement will be governed by the law of Arizona and the United States of America. No choice of law rules of any jurisdiction will apply. Exclusive jurisdiction and venue for any claim regarding this Agreement or its subject matter will lie in the county of Pima, Tucson, Arizona, USA.
14. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
15. User must maintain reasonably professional conduct, including no solicitation of any type, in the Trading Rooms. Delta reserves the right to limit access to the trading rooms upon reasonable attempts to correct misconduct by USER.
16. Entire Agreement. This Agreement is the entire agreement between you and Vendor relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.