License and Use of the Trading Platform. 2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, North Korea (DPRK) or Iran as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto. 2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion. 2.3. You acknowledge that we may provide the Trading Platform to other parties and agree that nothing herein will be deemed or construed to prevent us from providing such services. 2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement. 2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability. 2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you. 2.7. You shall take all reasonable steps to: a) procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices); b) prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions; c) implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data. 2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company. 2.9. We will deliver the Trading Platform with reasonable skill and care. 2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable. 2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible. 2.12. We make no express or implied representation or warranty: a) that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades); b) as to the operation, quality or functionality of the Trading Platform; c) that the Trading Platform will be free of errors or defects; and d) that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform. 2.13. You: a) may only use the Trading Platform for so long as you are authorized to do so; b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and c) are responsible for the use of the Trading Platform (including the Account Credentials) by you. 2.14. You agree not to: a) use the Trading Platform for illegal or inappropriate purposes; b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content; c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform; d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded; e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature; f) carry out any commercial business on the Trading Platform; g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents; h) falsify the origin or source of any content or other material; i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him; k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company; l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations; m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation; n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons 2.15. You shall not be entitled to download, save or copy the Trading Platform. 2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Australia, Canada, Cuba, Iran, Iraq, Japan, North Korea (DPRK) or Iran Korea, Sudan, Syria, Turkey as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.. Exclusive Change Capital Ltd is licensed and regulated by Cyprus securities and Exchange Commission (CySEC) under license number: CIF 330/17 Address: 00 Xxxxx Xxxxxx, Xxxxxx X0, Xxxxxxxx, 0000 Xxxxxxxx, Xxxxxx Tel: +000 00 000000 Fax: +000 00 000000 email: xxxx@xxxxxxxxxxxxxxxx.xxx
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.. Exclusive Change Capital Ltd is licensed and regulated by Cyprus securities and Exchange Commission (CySEC) under license number: CIF 330/17 Address: 00 Xxxxx Xxxxxx, Xxxxxx X0, Xxxxxxxx, 0000 Xxxxxxxx, Xxxxxx Tel: +000 00 000000 Fax: +000 00 000000 email: xxxx@xxxxxxxxxxxxxxxx.xxx
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) : • use the Trading Platform for illegal or inappropriate purposes;
b) ; • (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) ; • attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d(a) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e(b) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f(c) carry out any commercial business on the Trading Platform;
g(d) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h(e) falsify the origin or source of any content or other material;
i(f) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j;
(g) intercept, monitor, damage or modify any communication which is not intended for him;; Exclusive Change Capital Ltd is licensed and regulated by Cyprus securities and Exchange Commission (CySEC) under license number: CIF 330/17 Address: 00 Xxxxx Xxxxxx, Xxxxxx X0, Xxxxxxxx, 0000 Xxxxxxxx, Xxxxxx Tel: +000 00 000000 Fax: +000 00 000000 email: xxxx@xxxxxxxxxxxxxxxx.xxx
k(h) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l(i) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m(j) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n(k) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o(l) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. 3.1 The Trading Platform is not intended for distribution to, or use by, any person: • ▪ who is under the age of 18 years old and/or not of legal competence or of sound mind; • ▪ who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ▪ who is a citizen or resident of certain jurisdictions such outside of the United States of America, North Korea (DPRK) or Iran as the Company does not accept Clients from these countriesEuropean Union; or • ▪ who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. 3.2 Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. 3.3 You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. 3.4 Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, fully revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. 3.5 If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity indemnity, or support for the Third-Party Licenses, and will have no liability. You as a client are permitted to use the services of the Company, pursuant to these Terms and Conditions in good faith and to this end, you are not permitted to use any electronic device, software algorithm or any trading strategy or arbitrage practices (example: latency abuse, price manipulation or time manipulation) which aims to manipulate or obtain an unfair advantage of the bid and offer prices.
2.6. 3.6 We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. 3.7 You shall take all reasonable steps to:
a) : ▪ procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; ▪ prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; ▪ implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. 3.8 We will deliver the Trading Platform with reasonable skill and care.
2.10. 3.9 From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicableor undertake routine construction on the server. By doing so we are taking into consideration our Regulatory Obligations and to the extent we deem as appropriate in order not to negatively affect your best interests, we may notify you via Trading Platform alert or internal mailing system, or some other mean of communication. The fact that a client may not receive such a notice does not constitute a breach based on this agreement.
2.11. 3.10 We have the right to shut down the Trading Platform at any time for maintenance purposes without prior provided that a relevant written notice to of two (2) days is provided by the Client, but this will be done only in weekendsCIF. In these cases, the Trading Platform will be inaccessible.
2.12. 3.11 We make no express or implied representation or warranty:
a) : ▪ that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; ▪ as to the operation, quality or functionality of the Trading Platform; c) ▪ that the Trading Platform will be free of errors or defects; and
d) and ▪ that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) may only use the Trading Platform for so long as you are authorized to do so;
b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • :
(a) who is under the age of 18 years old and/or not of legal competence or of sound mind; • ;
(b) who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ;
(c) who is a citizen or resident of certain jurisdictions such the United States of AmericaCanada, Crimea, Cuba, Cyprus, India, Iran, Malaysia, North Korea (DPRK) or Iran Korea, Sudan, Syria, United States, as the Company does not accept Clients from these countries; or • ;
(d) who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate theretoCompany.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit and not for professional use, in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our orour licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
(a) procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-back- up devices);
(b) prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
(c) implement and plan to operate and maintain appropriate protection in relation to the security and securityand control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not butnot the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole absolute discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we sowe shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in during weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
(a) that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
(b) as to the operation, quality or functionality of the Trading Platform; ;
(c) that the Trading Platform will be free of errors or defects; and
(d) that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by replacedby you as a result of use of the Trading Platform.
2.13. You:
(a) may only use the Trading Platform for so long as you are authorized to do so;
(b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
(c) are responsible for the use of the Trading Platform (including the Account Credentials) by youbyyou.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt orattempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-clauses 2.13 - 2.15 hereinabove, we are entitled to take one or more of the counter measures for the Events of Defaultof paragraph 25.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • :
a. who is under the age of 18 years old and/or not of legal competence or of sound mind; • ;
b. who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ;
c. who is a citizen or resident of certain jurisdictions such the United States of AmericaCrimea, Cuba, India, Iran, North Korea (DPRK) or Iran Korea, Sudan, Syria, United States, as the Company does not accept Clients from these countries; or • ;
d. who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2Company. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.32.2. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.42.3. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit and not for professional use, in accordance with the terms of this Agreement.
2.52.4. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.62.5. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.72.6. You shall take all reasonable steps to:
a) a. procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) b. prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) c. implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.82.7. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.92.8. We will deliver the Trading Platform with reasonable skill and care.
2.102.9. From time to time and at our sole absolute discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) as to the operation, quality or functionality of the Trading Platform; c) that the Trading Platform will be free of errors or defects; and
d) that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) may only use the Trading Platform for so long as you are authorized to do so;
b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • :
2.1.1. who is under the age of 18 years old and/or not of legal competence or of sound mind; • ;
2.1.2. who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ;
2.1.3. who is a citizen or resident of certain jurisdictions such the United States of America, North Korea (DPRK) British Columbia, Japan, European Economic Area, Canada, Israel or Iran Australia as the Company does not accept Clients from these countries; or • or
2.1.4. who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know know-how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) 2.7.1. procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) 2.7.2. prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) 2.7.3. implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) 2.12.1. that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) 2.12.2. as to the operation, quality or functionality of the Trading Platform; c) .
2.12.3. that the Trading Platform will be free of errors or defects; and
d) 2.12.4. that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) 2.13.1. may only use the Trading Platform for so long as you are authorized to do so;
b) 2.13.2. may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) 2.13.3. are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) 2.14.1. use the Trading Platform for illegal or inappropriate purposes;; nor
b) (nor 2.14.2. attempt to) to interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) 2.14.3. attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) 2.14.4. take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) 2.14.5. convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) 2.14.6. carry out any commercial business on the Trading Platform;
g) 2.14.7. knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) 2.14.8. falsify the origin or source of any content or other material;
i) 2.14.9. use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) ;
2.14.10. intercept, monitor, damage or modify any communication which is not intended for him;
k) 2.14.11. use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) 2.14.12. send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) 2.14.13. do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) 2.14.14. do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) 2.14.15. unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons.
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13. to
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. 3.1 The Trading Platform is not intended for distribution to, or use by, any person: • :
a. who is under the age of 18 years old and/or not of legal competence or of sound mind; • ;
b. who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD CFDs trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ;
c. who is not a citizen or resident of certain jurisdictions such the United States European Economic Area or Switzerland. It should be noted that if at any time it comes to the attention of America, North Korea (DPRK) or Iran as the Company does not accept Clients from these countries; that a Client has provided untruthful and/or inaccurate and/or misleading information regarding their citizenship and/or their country of residence, the Company is entitled to treat this incident as a force majeure event and take any or • all of the actions outlined in paragraph 19.2.;
d. who is a US Reportable person;
e. who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. 3.2 Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
2.3. 3.3 You acknowledge that we may provide the Trading Platform to other parties and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. 3.4 Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-non- transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. 3.5 If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. 3.6 We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. 3.7 You shall take all reasonable steps to:
a) a. procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) b. prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) c. implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. 3.8 Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. 3.9 We will deliver the Trading Platform with reasonable skill and care.
2.10. 3.10 From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. 3.11 We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. 3.12 We make no express or implied representation or warranty:
a) a. that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) b. as to the operation, quality or functionality of the Trading Platform; c) ;
c. that the Trading Platform will be free of errors or defects; and
d) d. that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) may only use the Trading Platform for so long as you are authorized to do so;
b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Australia, Israel, Japan ,Canada ,North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 -
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • ● who is under the age of 18 years old and/or not of legal competence or of sound mind; • ● who resides in any country where such distribution or use would be contrary to local law or regulation. ? The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ● who is a citizen or resident of certain jurisdictions such including but not limited to the United States of America, North Australia, Japan, Democratic People's Republic of Korea (DPRK) or Iran North Korea), the Islamic Republic of Iran, Republic of Iraq and Belgium, as the Company company does not accept Clients from these countries; or • ● who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-sub- licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed given to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : ● procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; ● prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; ● implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : ● that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; ● as to the operation, quality or functionality of the Trading Platform; c) ● that the Trading Platform will be free of errors or defects; and
d) and ● that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : ● may only use the Trading Platform for so long as you are authorized authorised to do so;
b) ; ● may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and ● are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized unauthorised access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
; (k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized unauthorised access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-paragraphs
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your the Client’s responsibility to ascertain the terms of and comply with any local law or regulation to which you are the Client is subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Australia, Israel, Japan, Canada ,North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; any such action shall be considered to be abuse.
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • :
(a) who is under the age of 18 years old and/or not of legal competence or of sound mind; • ;
(b) who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ;
(c) who is a citizen or resident of certain jurisdictions such the United States of AmericaCanada, Crimea, Cuba, Cyprus, India, Iran, Malaysia, North Korea (DPRK) or Iran Korea, Sudan, Syria, United States, as the Company does not accept Clients from these countries; or • ;
(d) who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate theretoCompany.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, ,non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit and not for professional use, in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our orour licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
(a) procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-back- up devices);
(b) prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
(c) implement and plan to operate and maintain appropriate protection in relation to the security and securityand control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not butnot the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.102.9. From time to time and at our sole absolute discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we sowe shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.112.10. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in during weekends. In these cases, the Trading Platform will be inaccessible.
2.122.11. We make no express or implied representation or warranty:
(a) that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
(b) as to the operation, quality or functionality of the Trading Platform; ;
(c) that the Trading Platform will be free of errors or defects; and
(d) that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by replacedby you as a result of use of the Trading Platform.
2.13. You:
a) may only use the Trading Platform for so long as you are authorized to do so;
b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such as, but not limited to, the United States of America, Australia, Israel, Turkey, Japan, Canada ,North Korea (DPRK) or Iran Belgium, as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-non- exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • ● who is under the age of 18 years old and/or not of legal competence or of sound mind; • ● who resides in any country where such distribution or use would be contrary to local law or regulation. ? The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services suchservices would be contrary to local law or regulation. It is your responsibility to ascertain the ascertainthe terms of and comply with any local law or regulation to which you are subject; • ● who is a citizen or resident of certain jurisdictions such including but not limited to the United States of America, North Australia, Japan, Democratic People's Republic of Korea (DPRK) or Iran North Korea), the Islamic Republic of Iran, Republic of Iraq and Belgium, as the Company company does not accept Clients from these countries; or • ● who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed given to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : ● procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; ● prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; ● implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : ● that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; ● as to the operation, quality or functionality of the Trading Platform; c) ● that the Trading Platform will be free of errors or defects; and
d) and ● that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : ● may only use the Trading Platform for so long as you are authorized authorised to do so;
b) ; ● may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and ● are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized unauthorised access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized unauthorised access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 25.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • :
(a) who is under the age of 18 years old and/or not of legal competence or of sound mind; • ;
(b) who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ;
(c) who is a citizen or resident of certain jurisdictions such the United States of AmericaCanada, Crimea, Cuba, Cyprus, India, Iran, Malaysia, North Korea (DPRK) or Iran Korea, Sudan, Syria, United States, as the Company does not accept Clients from these countries; or • ;
(d) who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate theretoCompany.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit and not for professional use, in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
(a) procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-back- up devices);
(b) prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
(c) implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.102.9. From time to time and at our sole absolute discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we sowe shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.112.10. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in during weekends. In these cases, the Trading Platform will be inaccessible.
2.122.11. We make no express or implied representation or warranty:
(a) that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
(b) as to the operation, quality or functionality of the Trading Platform; ;
(c) that the Trading Platform will be free of errors or defects; and
(d) that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) may only use the Trading Platform for so long as you are authorized to do so;
b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.13.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your the Client’s responsibility to ascertain the terms of and comply with any local law or regulation to which you are the Client is subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Australia, Israel, Japan, Canada ,North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.23.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.33.3. You acknowledge that we may provide the Trading Platform to other parties and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.43.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.63.5. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.73.6. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.83.7. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.93.8. We will deliver the Trading Platform with reasonable skill and care.
2.103.9. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.
2.113.10. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.123.11. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) may only use the Trading Platform for so long as you are authorized to do so;
b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject.; • who is a citizen or resident of certain jurisdictions such outside of the United States of America, North Korea (DPRK) or Iran as the Company does not accept Clients from these countriesEuropean Union; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, fully revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior provided that a relevant written notice to of 2 days is provided by the Client, but this will be done only in weekendsCIF. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) perform abusive trading;
(d) send massive requests on the server which may cause delays in the execution time;
(e) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d(f) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e(g) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f(h) carry out any commercial business on the Trading Platform;
g(i) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h(j) falsify the origin or source of any content or other material;
i(k) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j;
(l) intercept, monitor, damage or modify any communication which is not intended for him;
k) use ; (m)use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l(n) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m(o) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n(p) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o(q) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 25.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. ? The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Australia, Israel, Japan ,Canada ,North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 -
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; . • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; . • who is a citizen or resident of certain jurisdictions such as, but not limited to, the United States of America, Israel, Turkey, Japan, Canada, North Korea (DPRK) or Iran ), as the Company company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-non- exclusive, revocable, non-transferable transferable, and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity indemnity, or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies copies, and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) . • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) . • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information information, or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations reconfigurations, or upgrades);
b) . • as to the operation, quality quality, or functionality of the Trading Platform; c) . • that the Trading Platform will be free of errors or defects; and
d) that and • That the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;.
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;.
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;.
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious seditious, or otherwise objectionable or offensive material of any kind or nature;.
f) carry out any commercial business on the Trading Platform;.
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents patents, or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;.
h) falsify the origin or source of any content or other material;.
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; .
j) intercept, monitor, damage or modify any communication which is not intended for him;.
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage damage, or disassemble the Trading Platform or the communication system or any system of the Company;.
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;.
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;.
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save save, or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Israel, Japan, North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. ? The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Australia, Israel, Japan ,Canada ,North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and other CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, North Korea (DPRK) Belize, British Columbia, Japan, European Economic Area, Canada, Israel or Iran Australia as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to youtoyou.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) : • use the Trading Platform for illegal or inappropriate purposes;
b) ; • (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) ; • attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) ; • take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) ; • convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) ; • carry out any commercial business on the Trading Platform;
g) ; • knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) ; • falsify the origin or source of any content or other material;
i) ; • use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) • intercept, monitor, damage or modify any communication which is not intended for him;
k) ; • use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) ; • send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) ; • do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) ; • do any action that could potentially allow the irregular or unauthorized unauthorised access or use of the Platform; or
o) or • unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons.
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13.-2.1.5 hereunder, we are entitled to take one or more of the counter measures of paragraph 27.2.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. 3.1 The Trading Platform is not intended for distribution to, or use by, any person: • :
a. who is under the age of 18 years old and/or not of legal competence or of sound mind; • ;
b. who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD CFDs trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ;
c. who is not a citizen or resident of certain jurisdictions such the United States European Economic Area or Switzerland. It should be noted that if at any time it comes to the attention of America, North Korea (DPRK) or Iran as the Company does not accept Clients from these countries; that a Client has provided untruthful and/or inaccurate and/or misleading information regarding their citizenship and/or their country of residence, the Company is entitled to treat this incident as a force majeure event and take any or • all of the actions outlined in paragraph 19.2.
d. who is a US Reportable person
e. who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. 3.2 Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
2.3. 3.3 You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. 3.4 Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-non- transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. 3.5 If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. 3.6 We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. 3.7 You shall take all reasonable steps to:
a) a. procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) b. prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) c. implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. 3.8 Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions suggestio ns for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. 3.9 We will deliver the Trading Platform with reasonable skill and care.
2.10. 3.10 From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. 3.11 We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. 3.12 We make no express or implied representation or warranty:
a) a. that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) b. as to the operation, quality or functionality of the Trading Platform; c) ;
c. that the Trading Platform will be free of errors or defects; and
d) d. that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) may only use the Trading Platform for so long as you are authorized to do so;
b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • ● who is under the age of 18 years old and/or not of legal competence or of sound mind; • ● who resides in any country where such distribution or use would be contrary to local law or regulation. ? The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ● who is a citizen or resident of certain jurisdictions such the United States of America, Australia, Japan, North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • ● who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : ● procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; ● prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; ● implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : ● that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; ● as to the operation, quality or functionality of the Trading Platform; c) ● that the Trading Platform will be free of errors or defects; and
d) and ● that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : ● may only use the Trading Platform for so long as you are authorized to do so;
b) ; ● may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and ● are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. .The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Israel, Japan, Canada, North Korea (DPRK) or Iran ), Belgium and UN Sanctions as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed given to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons.
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 -
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, Australia, Israel, Japan , Canada ,North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed g to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • ● who is under the age of 18 years old and/or not of legal competence or of sound mind; • ● who resides in any country where such distribution or use would be contrary to local law or regulation. ? The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ● who is a citizen or resident of certain jurisdictions such as the United States of America, Australia, Japan, North Korea (DPRK) or Iran Belgium as the Company does not accept Clients from these countries; or • ● who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed given to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : ● procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; ● prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; ● implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : ● that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; ● as to the operation, quality or functionality of the Trading Platform; c) ● that the Trading Platform will be free of errors or defects; and
d) and ● that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : ● may only use the Trading Platform for so long as you are authorized to do so;
b) ; ● may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and ● are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 - 2.15 hereunder, we are entitled to take one or more of the counter measures Events of Default of paragraph 27.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • ● who is under the age of 18 years old and/or not of legal competence or of sound mind; • ● who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject.; • ● who is a citizen or resident of certain jurisdictions such outside of the United States of America, North Korea (DPRK) or Iran as the Company does not accept Clients from these countriesEuropean Union; or • ● who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, fully revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : ● procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; ● prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; ● implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior provided that a relevant written notice to of 2 days is provided by the Client, but this will be done only in weekendsCIF. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : ● that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; ● as to the operation, quality or functionality of the Trading Platform; c) ● that the Trading Platform will be free of errors or defects; and
d) and ● that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : ● may only use the Trading Platform for so long as you are authorized to do so;
b) ; ● may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and ● are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) perform abusive trading;
(d) send massive requests on the server which may cause delays in the execution time;
(e) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d(f) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e(g) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f(h) carry out any commercial business on the Trading Platform;
g(i) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h(j) falsify the origin or source of any content or other material;
i(k) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j;
(l) intercept, monitor, damage or modify any communication which is not intended for him;
k) use ; (m)use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l(n) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m(o) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n(p) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o(q) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13 -
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and other CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, North Korea (DPRK) Belize, British Columbia, European Economic Area, Canada, Israel or Iran Australia as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not no the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has • been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) : • use the Trading Platform for illegal or inappropriate purposes;
b) ; • (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) ; • attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) . • take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) ; • convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) ; • carry out any commercial business on the Trading Platform;
g) ; • knowingly or negligently upload or download files that contain software or other material • protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) ; • falsify the origin or source of any content or other material;
i) ; • use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) • intercept, monitor, damage or modify any communication which is not intended for him;
k) you; • use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) ; • send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) . • do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) ; • do any action that could potentially allow the irregular or unauthorized unauthorised access or use of the Platform; or
o) or • unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any personanyperson: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subjectaresubject; • who is a citizen or resident of certain jurisdictions such the United States of America, North Korea (DPRK) Belize, British Columbia, Japan, European Economic Area, Canada, Israel or Iran Australia as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to connectedto the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liabilitynoliability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the CompanytheCompany.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for exampleforexample, by routine maintenance, repairs, reconfigurations or upgradesorupgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) doso; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) : • use the Trading Platform for illegal or inappropriate purposes;
b) ; • (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) ; • attempt to gain unauthorized access to our computer system or the computer system(s) of any ofany other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) ; • take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) ; • convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) ; • carry out any commercial business on the Trading Platform;
g) ; • knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights therights thereto or have received all necessary consents;
h) necessaryconsents; • falsify the origin or source of any content or other material;
i) ; • use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) • intercept, monitor, damage or modify any communication which is not intended for him;
k) ; • use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) ; • send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) ; • do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) theiroperation; • do any action that could potentially allow the irregular or unauthorized unauthorised access or use of the Platform; or
o) or • unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons.
2.15. You shall not be entitled to download, save or copy the Trading PlatformTradingPlatform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13.-2.1.5 hereunder, we are entitled to take one or more of the counter measures of paragraph 27.2.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • ● who is under the age of 18 years old and/or not of legal competence or of sound mind; • ● who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and other CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ● who is a citizen or resident of certain jurisdictions such the United States of America, North Korea (DPRK) Belize, British Columbia, European Economic Area, Canada, Israel, Turkey, or Iran Australia as the Company does not accept Clients from these countries; or • ● who possess a Turkish nationality, as the Company does not accept Clients from Turkey. ● who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-non- exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : ● procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-back- up devices);
b) ; ● prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; ● implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : ● that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; ● as to the operation, quality or functionality of the Trading Platform; c) ● that the Trading Platform will be free of errors or defects; and
d) and ● that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : ● may only use the Trading Platform for so long as you are authorized to do so;
b) ; ● may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and ● are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) : ● use the Trading Platform for illegal or inappropriate purposes;
b) ; ● (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) ; ● attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) ; ● take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) ; ● convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) ; ● carry out any commercial business on the Trading Platform;
g) ; ● knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) ; ● falsify the origin or source of any content or other material;
i) ; ● use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) ● intercept, monitor, damage or modify any communication which is not intended for him;
k) you; ● use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) ; ● send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) ; ● do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) ; ● do any action that could potentially allow the irregular or unauthorized unauthorised access or use of the Platform; or
o) or ● unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons.
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-2.13.-2.1.5 hereunder, we are entitled to take one or more of the countermeasures of paragraph 27.2.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • who is under the age of 18 years old and/or not of legal competence or of sound mind; • who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and other CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • who is a citizen or resident of certain jurisdictions such the United States of America, North Korea (DPRK) Belize, British Columbia, European Economic Area, Canada, Israel or Iran Australia as the Company does not accept Clients from these countries; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us and not sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know know-how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
a) : • procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; • • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; • • implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in on weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
a) : • that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; • as to the operation, quality or functionality of the Trading Platform; c) • that the Trading Platform will be free of errors or defects; and
d) and • that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) : • may only use the Trading Platform for so long as you are authorized to do so;
b) ; • may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) and • are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) : • use the Trading Platform for illegal or inappropriate purposes;
b) ; • (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) ; • attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, ,or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) ; • take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) ; • convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) ; • carry out any commercial business on the Trading Platform;
g) ; • knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) ; • falsify the origin or source of any content or other material;
i) ; • use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) • intercept, monitor, damage or modify any communication which is not intended for him;
k) you; • use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) ; • send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) . • do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) ; • do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) or • unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons.
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-paragraphs
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. 3.1 The Trading Platform is not intended for distribution to, or use by, any person: • ▪ who is under the age of 18 years old and/or not of legal competence or of sound mind; • ▪ who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ▪ who is a citizen or resident of certain jurisdictions such outside of the United States of America, North Korea (DPRK) or Iran as the Company does not accept Clients from these countriesEuropean Union; or • ▪ who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
2.2. 3.2 Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. 3.3 You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. 3.4 Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, fully revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this Agreement.
2.5. 3.5 If any third-party software is included within or embedded in the Trading Platform, then such embedded third-party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity indemnity, or support for the Third-Party Licenses, and will have no liability. You as a client are permitted to use the services of the Company, pursuant to these Terms and Conditions in good faith and to this end, you are not permitted to use any electronic device, software algorithm or any trading strategy or arbitrage practices (example: latency abuse, price manipulation or time manipulation) which aims to manipulate or obtain an unfair advantage of the bid and offer prices.
2.6. 3.6 We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. 3.7 You shall take all reasonable steps to:
a) : ▪ procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
b) ; ▪ prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
c) ; ▪ implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. 3.8 We will deliver the Trading Platform with reasonable skill and care.
2.10. 3.9 From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours to replace any part of the Trading Platform with an equivalent where practicableor undertake routine construction on the server. By doing so we are taking into consideration our Regulatory Obligations and to the extent we deem as appropriate in order not to negatively affect your best interests, we may notify you via Trading Platform alert or internal mailing system, or some other mean of communication. The fact that a client may not receive such a notice does not constitute a breach based on this agreement.
2.11. 3.10 We have the right to shut down the Trading Platform at any time for maintenance purposes without prior provided that a relevant written notice to of two (2) days is provided by the Client, but this will be done only in weekendsCIF. In these cases, the Trading Platform will be inaccessible.
2.12. 3.11 We make no express or implied representation or warranty:
a) : ▪ that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
b) ; ▪ as to the operation, quality or functionality of the Trading Platform; c) ▪ that the Trading Platform will be free of errors or defects; and
d) and ▪ that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
2.13. You:
a) may only use the Trading Platform for so long as you are authorized to do so;
b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
c) are responsible for the use of the Trading Platform (including the Account Credentials) by you.
2.14. You agree not to:
a) use the Trading Platform for illegal or inappropriate purposes;
b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
f) carry out any commercial business on the Trading Platform;
g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
h) falsify the origin or source of any content or other material;
i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; j) intercept, monitor, damage or modify any communication which is not intended for him;
k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform.
2.1. The Trading Platform is not intended for distribution to, or use by, any person: • :
(a) who is under the age of 18 years old and/or not of legal competence or of sound mind; • ;
(b) who resides in any country where such distribution or use would be contrary to local law or regulation. The Trading Platform and any other service provided by us is not available to persons residing in any country where FX and CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to ascertain the terms of and comply with any local law or regulation to which you are subject; • ;
(c) who is a citizen or resident of certain jurisdictions such the United States of AmericaCanada, Crimea, Cuba, Cyprus, India, Iran, Malaysia, North Korea (DPRK) or Iran Korea, Sudan, Syria, United States, as the Company does not accept Clients from these countries; or • ;
(d) who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate theretoCompany.
2.2. Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to and use of the Trading Platform and/or close the Trading Account and terminate the Client Agreement to anyone in our sole and absolute discretion.
2.3. You acknowledge that we may provide the Trading Platform to other parties parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
2.4. Subject to the terms and conditions of this Agreement, we hereby grant you, a personal limited, non-exclusive, revocable, non-transferable and non-sub-licensable license to install and/or use the Trading Platform in object code only, solely for your personal use and benefit and not for professional use, in accordance with the terms of this Agreement.
2.5. If any third-third party software is included within or embedded in the Trading Platform, then such embedded third-third party software shall be provided subject to the terms of this Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third-Third Party Licenses that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third-Third Party Licenses, and will have no liability.
2.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is licensed to you by us solely for facilitating trading with the Company and not under no circumstances is sold to you. The Trading Platform, all copies and any derivative work works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our orour licensors. Except for the license expressly granted to you under Other than provided above in this paragraph, no other license, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service xxxx mark or other Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
2.7. You shall take all reasonable steps to:
(a) procure and maintain in proper working order, throughout the term of this Agreement and at your atyour own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-back- up devices);
(b) prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
(c) implement and plan to operate and maintain appropriate protection in relation to the security and securityand control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
2.8. Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not butnot the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company.
2.9. We will deliver the Trading Platform with reasonable skill and care.
2.10. From time to time and at our sole absolute discretion, we shall have the right to add to, modify, or remove any part of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavours endeavors to replace any part of the Trading Platform with an equivalent where practicable.
2.11. We have the right to shut down the Trading Platform at any time for maintenance purposes without prior notice to the Client, but this will be done only in during weekends. In these cases, the Trading Platform will be inaccessible.
2.12. We make no express or implied representation or warranty:
(a) that the Trading Platform will be available for access all the time, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
(b) as to the operation, quality or functionality of the Trading Platform; ;
(c) that the Trading Platform will be free of errors or defects; and
(d) that the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property. We will not be liable for any data lost or any equipment or software replaced by replacedby you as a result of use of the Trading Platform.
2.13. You:
(a) may only use the Trading Platform for so long as you are authorized to do so;
(b) may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and
(c) are responsible for the use of the Trading Platform (including the Account Credentials) by youbyyou.
2.14. You agree not to:
(a) use the Trading Platform for illegal or inappropriate purposes;
(b) (nor attempt to) interfere with or disrupt the proper operation of our software, hardware, systems or networks, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content;
(c) attempt to gain unauthorized access to our computer system or the computer system(s) of any other user, or to parts of the Trading Platform to which you do not have access rights or attempt orattempt to reverse engineer or otherwise circumvent any security measures that the Company has applied to the Trading Platform;
(d) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(e) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
(f) carry out any commercial business on the Trading Platform;
(g) knowingly or negligently upload or download files that contain software or other material protected by copyright, trademarks, patents or other intellectual property rights (or by rights of confidentiality or privacy of publicity, where applicable) unless you own or control the rights thereto or have received all necessary consents;
(h) falsify the origin or source of any content or other material;
(i) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform; ;
(j) intercept, monitor, damage or modify any communication which is not intended for him;
(k) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Trading Platform or the communication system or any system of the Company;
(l) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(m) do anything that will or may violate the integrity of the Company computer system or Trading Platform or cause such system(s) to malfunction or stop their operation;
(n) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
(o) unlawfully log into the Trading Platform and execute an order to buy or sell a Financial Instrument from a location or IP address originating from a region or jurisdiction where it is not allowed for regulatory reasons
2.15. You shall not be entitled to download, save or copy the Trading Platform.
2.16. Should we reasonably suspect that you have violated the terms of paragraphs 2.13.-clauses 2.13 - 2.15 hereinabove, we are entitled to take one or more of the counter measures for the Events of Defaultof paragraph 25.2 hereunder.
Appears in 1 contract
Samples: Client Agreement
