End-User License
Agreement
Please read this agreement carefully before using FXTradeStream.
By
installing and using our software, you acknowledge that you have
read this
agreement, understand it and agree to be bound by its terms and
conditions.
This FXTradeStream End-User License Agreement ("Agreement") is a
legal
agreement between you (either an individual or a single entity
known as
"Customer") and InkSoft Media Inc., which owns a proprietary
computer software
(collectively known as "FXTradeStream" or "Software". By
installing or
otherwise using the Software or any Software Updates, Customer
agrees to be
bound by the terms of this Agreement. If Customer does not agree
to the terms
of this Agreement, do not install or use the Software, including
all
Software Updates that Customer received as part of the Software
(each, an
"Update").
By installing or otherwise using an Update, Customer agrees to
be
bound by the additional license terms that accompany such
Update. If Customer
does not agree to the terms of the additional license terms that
accompany the
Update, disregard the Update and the additional license terms
that accompany the
Update. In this event, Customer's rights to use the Software
shall continue to
be governed by the then-existing Agreement.
1. Copyright
All title and copyrights in and to the Software (including but
not limited to
any software components, product documentation and associated
media, sample
files, extension files, tools and utilities, miscellaneous
technical
information, collectively referred to herein as the "Software"),
and any copies
of the Software, are owned by InkSoft Media Inc. The Software is
protected by
copyright laws and international treaty provisions. Therefore,
you must treat
the Software like any other copyrighted material. The Software
is licensed, not sold.
2. Grant of License
Inksoft Media Inc. grants Customer a non-exclusive license to
use the FXTradeStream
software when a valid license key is purchased. Beyond the right
to use the Software,
this license also entitles the Customer to free support and
product upgrades.
These benefits are time limited according to the license term
purchased.
3. Other Restrictions
a. The Software is the sole and exclusive property of Inksoft
Media Inc.,
including all applicable rights to patents, copyrights,
trademarks and trade
secrets and is provided for Customer's exclusive use for the
purposes of this
Agreement and will be held in confidence.
b. Customer will not remove any designation mark from any
supplied material that
identifies such material as belonging to or developed by Inksoft
Media Inc.
Customer agrees not to disassemble, decompile, reverse engineer
or otherwise
reduce the Software to perceptible form.
c. Customer may not rent, lease, or sub license the Software.
d. Customer may use or updates to the Software only in
conjunction
with Customer's then-existing Software. The Software and all
Updates are
licensed as a single product and the Updates may not be
separated from the
Software for use at any time.
e. We cannot guarantee that the Software will work at all times.
If you change
your operating system, the software may not work anymore.
f. All title and intellectual property rights in and to the
content which may be
accessed through use of the Software are the property of the
respective content
owner and may be protected by applicable copyright or other
intellectual
property laws and treaties. This Agreement grants you no rights
to use such
content.
g. Customer must make sure that it is legal to use the software
in Customer's
country or jurisdiction with the supported features. Inksoft
Media Inc. only
provides a license to the software. It's the customers
responsibility to make
sure that Customer is allowed to use the software.
h. All trademarks are owned by their respective holders.
4. Termination
Without prejudice to any other rights, Inksoft Media Inc. may
terminate this
Agreement if Customer fails to comply with the terms and
conditions of this
Agreement. In such event, Customer must destroy all copies of
the Software in
any form and all of its component parts.
5. Disclaimer of Warranty
a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INKSOFT MEDIA
INC. DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND ANY
WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS
LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY
FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW,
IN NO EVENT SHALL INKSOFT MEDIA INC. BE LIABLE FOR ANY DAMAGES
WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR
PERSONAL INVESTMENTS,
BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF INKSOFT
MEDIA INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
c. INKSOFT MEDIA INC. SHALL BE RELIEVED OF ANY AND ALL
OBLIGATIONS WITH RESPECT TO
THIS SECTION FOR ANY PORTIONS OF THE SOFTWARE THAT ARE REVISED,
CHANGED,
MODIFIED, OR MAINTAINED BY ANYONE OTHER THAN INKSOFT MEDIA INC.
6. Governing Law
This Agreement shall be construed and the legal relation between
the parties
determined in accordance with Canadian law.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT,
UNDERSTAND IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER
AGREES THAT IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
CUSTOMER AND
INKSOFT MEDIA INC. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR
AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND
INKSOFT MEDIA INC.
RELATING TO THE SOFTWARE. This Agreement may not be modified
except by a writing
signed by a duly authorized representative of Inksoft Media Inc.
Copyright (c) 2007 Inksoft Media Inc.