END-USER LICENSE AGREEMENT FOR TICKSTORY
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Tickstory End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Tickstory for the Tickstory software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Tickstory, (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 the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Tickstory grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows]. The free version of this software is intended for PERSONAL USE only. COMMERCIAL USE is permitted for paid versions. “COMMERCIAL USE” refers to the software being used for its intended purpose within an organization or in a commercial enterprise (including but not limited to educational institutions, non-profit/profit entities, etc). The license does not permit the bundling, on-selling or otherwise unapproved commercialization of the SOFTWARE PRODUCT.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT 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 the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Free versions are that are available for download from Tickstory’s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Tickstory may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT 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 the SOFTWARE PRODUCT.
Without prejudice to any other rights, Tickstory 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 the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Tickstory. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT 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 Tickstory.
5. NO WARRANTIES
Tickstory expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Tickstory does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Tickstory 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. Tickstory further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Tickstory 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 PRODUCT, even if Tickstory has been advised of the possibility of such damages. In no event will Tickstory be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Tickstory shall have no liability with respect to the content of the SOFTWARE PRODUCT 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.
7. THIRD-PARTY SOFTWARE AND MARKET DATA INTEGRATION
The SOFTWARE PRODUCT integrates with various third-party software packages and data-sources. Tickstory makes no warranty, claim or implies affiliation with regards to these third-party software packages and data sources. It is the responsibility of the user to use this software in a manner that adheres to any third-party vendor license agreements. If you are unsure, please refer to the respective vendor’s website for further details. In the event of the third-party vendor making changes or alterations to their systems that result in a software feature and/or data being unavailable or in any way inaccessible, Tickstory provides no guarantee that the service can or will be restored. Any attempts to do so will be done on a “best effort” basis and, if no workaround is available, could render the software unusable for the related purpose. Third-party market data providers, at their own discretion, may choose to throttle or limit access to their servers. Tickstory’s operation can therefore be limited by any such restrictions and this may affect your ability and/or performance when downloading data. Tickstory does not charge for access to any third-party products or services – only for access to the SOFTWARE PRODUCT and related services such as technical support and on-going software updates. Therefore, in any of the scenarios described, any license fees paid to Tickstory cannot be refunded.
Tickstory is a trademark of www.tickstory.com.
Dukascopy is a trademark of Dukascopy Bank SA (see www.dukascopy.com for further information).
Metatrader is a trademark of Metaquotes Corp.
All other trademarks me remain the property of their respective owners.
Tickstory is not affiliated with any of the above-mentioned companies in any way.
By continuing to use our software, you understand that this agreement can be updated without prior notice. The latest version is available on our website at https://tickstory.com/EULA.
In the event that this agreement has been translated incorrectly and/or contains omissions, the English version prevails.