END-USER license agreement for spotware systemPDF
IMPORTANT, PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL
Spotware Systems End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Spotware Systems Ltd. for the Spotware Systems Ltd software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("Spotware"). By installing, copying, or otherwise using Spotware Systems products, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Spotware Systems Ltd, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use any Spotware Systems products.
Spotware Systems is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Spotware Systems products are licensed, not sold.
1. GRANT OF LICENSE
Spotware Systems products are licensed as follows:
(a) Installation and Use.
Spotware Systems Ltd grants you the right to install and use copies of its products on your computer or other supported devices running a validly licensed copy of the operating system for which Spotware Systems products were designed [Windows XP, Windows ME, Windows Vista, Windows 7, Apple iOS, Android].
(b) Backup Copies.
You may also make copies of the products as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of Spotware Systems products.
You may not distribute registered copies of Spotware Systems products to third parties. Evaluation versions available for download from Spotware Systems Ltd, websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble Spotware Systems software.
You may not rent, lease, or lend Spotware Systems products.
(e) Support Services.
Spotware Systems Ltd may provide you with support services related to Spotware Systems platforms software only ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of Spotware Systems and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of Spotware Systems.
(g) Spotware Systems Ltd may be collecting anonymously any performance related data via its platforms that it wishes, without prior warrant from the user. This data will be used solely to improve Spotware Systems Ltd's platforms only. Spotware Systems Ltd expressly disclaims any warranty for any of the platforms.
Without prejudice to any other rights, Spotware Systems Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of Spotware Systems products in your possession.
All title, including but not limited to copyrights, in and to Spotware Systems products and any copies thereof are owned by Spotware Systems Ltd. All title and intellectual property rights in and to the content which may be accessed through use of Spotware Systems products is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Spotware Systems Ltd.
5. NO WARRANTIES
Spotware Systems Ltd expressly disclaims any warranty for its products. Spotware Systems products are provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Spotware Systems Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or any other items contained within the software. Spotware Systems Ltd makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Spotware Systems Ltd further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Spotware Systems Ltd be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the software, even if Spotware Systems Ltd has been advised of the possibility of such damages. In no event will Spotware Systems Ltd be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Spotware Systems Ltd shall have no liability with respect to the content of Spotware Systems products or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You acknowledge that you have read and understood the following terms and conditions, and you agree to be bound hereby. Your current version of the terminal enables you to choose between the following modes for order submission. You agree that you will be bound by the procedures and conditions specified herein with respect to each such mode.
7.1 The default mode for order submission is the 'Single-Click' QuickTrade mode which is a one step process. Using the 'Single-Click' QuickTrade mode, you click on either bid (SELL) or ask (BUY) rate button and your order is sent to your company. When using the 'Single-Click' mode, you will not need to confirm your order in any way before it is sent to your service.
7.2 The 'DoubleClick' trading mode for order submission is also a one-step process. Using the 'Double-Click' mode, you double-click on either bid (SELL) or ask (BUY) rate button and your order is sent to your service. No action will occur if you click only once on the bid (SELL) or ask (BUY) button. When using the double-click mode, you will not need to confirm your order in any way after double-clicking before it is sent to your service.
7.3 The 'Quick Trading Disabled' mode for order submission is a two step process. Using the 'Disabled' mode, you first click on either bid (SELL) or ask (BUY) rate button once the 'Create Order' window opens. You will then need to select a (SELL) or (BUY) order. Using the 'Quick Trading Off' mode, your order will not be submitted until you have completed both of the aforementioned steps.
THERE WILL BE NO SUBSEQUENT CONFIRMATION PROMPT FOR YOU TO CLICK. YOU WILL NOT BE ABLE TO WITHDRAW YOUR ORDER ONCE YOU CLICK. UNDER NORMAL MARKET CONDITIONS AND SYSTEM PERFORMANCE, A MARKET ORDER WILL BE FILLED AFTER SUBMISSION AND YOU WILL HAVE ENTERED INTO A BINDING TRANSACTION.
You can change QuickTrade modes or disable it using the ' QuickTrade Mode' button on the top right hand menu section of the platform.
By choosing 'Single-Click' or 'Double-Click' trading mode, you understand that your orders will be submitted upon your clicking of the bid or ask rate, without any further order confirmation. You agree to accept all risks associated with the use of the order submission mode you have chosen, including, without limitation, the risk of errors, omissions or mistakes made in submitting any order. You agree to fully indemnify and hold harmless cTrader Ltd. from any and all losses, costs and expenses that it may incur as a result of any such errors, omissions or mistakes by you, your trading manager or any other person trading on your behalf.
(a) Spotware Systems's product suite for the iOS may retrieve your device's MAC address, and send hashed (encrypted) version of it to the server to gather de-personalized statistical data.
9. USAGE OF CMIRROR
This section should not be considered as an alternative to reading your company's terms and conditions as they will be specific to their regulatory jurisdiction and your relationship is with them. By accepting this EULA you confirm that you have read and agree to your companys's terms and conditions.
Spotware are a technology provider only and do not hold any funds nor provide any financial services of any kind. Financial services are provided by your service and Spotware only facilitate that relationship through our software. Spotware do not hold any liability for the usage of cMirror.
I understand the following:
9.1. While cMirror does display the cost to follow a strategy, this does not include any commissions charged by your company and cMirror does not display your commissions or spread, you are responsible for understanding these costs which may be applied, we suggest you contact your company for more information.
9.2. You are responsible for choosing which strategies to follow, using the facts which are available to make your own decisions, once you start following a strategy you will mirror exactly what the strategy provider does according to your risk management settings, with the exception of unusual circumstances which could be the following:
- Your account doesn't have enough equity to mirror the trade;
- The size of a trade you try to mirror is below the minimum size limit permitted by your company settings;
- Your service does not offer a symbol which your strategy provider is using;
- You have reached Stop-Out Level causing your positions to be closed automatically.
9.3. cMirror's recommended risk management settings are not a guarantee of protection, it takes into account your Balance, your Strategy Providers balance and the proportion of risk being used to follow other strategies, it does not take into account leverage and you are responsible for checking and verifying this.
9.4. Past performance of a strategy does not guarantee future performance.
9.5. The cost to follow a strategy in no way represents chance of success, this value is what the Strategy Provider considers to be its worth.
9.6. There is no verification process to become a strategy provider.
9.7. If a Signal Provider stops their strategy all open positions which you have mirrored from them will be closed. If you stop following a strategy all open positions which you have mirrored will be closed.
9.8. Strategy Providers are able to choose exactly how much they want to charge their followers, Spotware and the Strategy Providers have no influence on this amount. Strategy Providers can charge anything between 0 and 100 USD per 1 million of USD volume traded.
9.9. Spotware retain 30% of the fees charged by all Signal Providers, unless the Signal Providers do not charge for their strategy then nothing will be retained.
When using the "Chartshot" feature you agree that the information displayed in the chart that you share will be posted on the internet, and will be accessible by other users. This information includes, but is not limited to, chart type, chart background, indicators, colors and drawing objects.
Copyright © 2017 Spotware Systems Ltd. cTrader®, cAlgo®, cBroker®, cMirror®. All rights reserved.