License and Use of the Trading Platform. 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 of legal age in your jurisdiction to form a binding contract and/or not of legal competence or of sound mind; who resides in USA, Japan, Canada, Democratic Republic of Korea and to member States of the European Unionthe countries of European Economic Area; who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto. 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. 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. 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. 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. We provide no express or implied warranty, 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. 3.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is to you solely for facilitating trading with the Company and under no circumstances is sold to you. The Trading Platform, all copies and any derivative 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. 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. 3.7. You shall take all reasonable steps to: 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); prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions; 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. 3.8. We will deliver the Trading Platform with reasonable skill and care. 3.9. 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 or 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. 3.10. We have the right to shut down the Trading Platform at any time for maintenance purposes provided that a relevant written notice of two (2) days is provided by the Company. In these cases, the Trading Platform will be inaccessible. 3.11. We make no express or implied representation or warranty: 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); as to the operation, quality or functionality of the Trading Platform; that the Trading Platform will be free of errors or defects; 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.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform. 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 of legal age in your jurisdiction to form a binding contract and/or not of legal competence or of sound mind; who resides in USA, Japan, Canada, Democratic Republic of Korea and to member States of the European Unionthe countries of European Economic Area; who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
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.
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.
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.
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. We provide no express or implied warranty, 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.
3.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is to you solely for facilitating trading with the Company and under no circumstances is sold to you. The Trading Platform, all copies and any derivative 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. 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.
3.7. You shall take all reasonable steps to: 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); prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions; 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.
3.8. We will deliver the Trading Platform with reasonable skill and care.
3.9. 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 or 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.
3.10. We have the right to shut down the Trading Platform at any time for maintenance purposes provided that a relevant written notice of two (2) days is provided by the Company. In these cases, the Trading Platform will be inaccessible.
3.11. We make no express or implied representation or warranty: 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); as to the operation, quality or functionality of the Trading Platform; that the Trading Platform will be free of errors or defects; 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.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform. 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 of legal age in your jurisdiction to form a binding contract and/or not of legal competence or of sound mind; who resides in USA, Japan, Canada, Democratic Republic 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; who is a citizen or resident of Korea and to member States certain jurisdictions outside of the European Unionthe countries of European Economic AreaUnion; or who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
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.
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.
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- 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.
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. We provide no express or implied warranty, indemnity, or support for the Third-Party Licenses, and will have no liability. You Authorised and regulated by the Cyprus Securities and Exchange Commission under License number 343/17 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.
3.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is to you solely for facilitating trading with the Company and under no circumstances is sold to you. The Trading Platform, all copies and any derivative 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. 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.
3.7. You shall take all reasonable steps to: 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); prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions; 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.
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.
3.9. We will deliver the Trading Platform with reasonable skill and care.
3.93.10. 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 or undertake routine construction on the server. By doing so we are taking into consideration our regulatory obligations 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.
3.103.11. We have the right to shut down the Trading Platform at any time for maintenance purposes provided that a relevant written notice of two (2) days is provided by the CompanyCIF. In these cases, the Trading Platform will be inaccessible.
3.113.12. We make no express or implied representation or warranty: Authorised and regulated by the Cyprus Securities and Exchange Commission under License number 343/17 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); as to the operation, quality or functionality of the Trading Platform; that the Trading Platform will be free of errors or defects; 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.
3.13. You: may only use the Trading Platform for so long as you are authorized to do so; may not use the Trading Platform for any purpose other than for the purpose for which it has been provided under this Agreement; and are responsible for the use of the Trading Platform (including the Account Credentials) by you.
3.14. 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;
(f) take any action which does or may cause the provision of the Trading Platform to other users to be interrupted or degraded;
(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;
(h) carry out any commercial business on the Trading Platform;
(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;
(j) falsify the origin or source of any content or other material;
(k) use any software, which applies artificial intelligence analysis to the Company’s systems and/or Trading Platform;
(l) intercept, monitor, damage or modify any communication which is not intended for him;
(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;
(n) send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations;
(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; Authorised and regulated by the Cyprus Securities and Exchange Commission under License number 343/17 (p) do any action that could potentially allow the irregular or unauthorized access or use of the Platform; or
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform. 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 of legal age in your jurisdiction to form a binding contract and/or not of legal competence or of sound mind; • who resides in USA, Japan, Canada, Democratic Republic of Korea and to member States of the European Unionthe countries of European Economic Area; • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
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.
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.
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.
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. We provide no express or implied warranty, 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.
3.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is to you solely for facilitating trading with the Company and under no circumstances is sold to you. The Trading Platform, all copies and any derivative 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. 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.
3.7. You shall take all reasonable steps to: • 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); • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions; • 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.
3.8. We will deliver the Trading Platform with reasonable skill and care.
3.9. 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 or 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.
3.10. We have the right to shut down the Trading Platform at any time for maintenance purposes provided that a relevant written notice of two (2) days is provided by the Company. In these cases, the Trading Platform will be inaccessible.
3.11. We make no express or implied representation or warranty: • 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); • as to the operation, quality or functionality of the Trading Platform; • that the Trading Platform will be free of errors or defects; 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.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform. 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 of legal age in your jurisdiction to form a binding contract and/or not of legal competence or of sound mind; • who resides in USA, Japan, Canada, Democratic Republic 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; • who is a citizen or resident of Korea and to member States certain jurisdictions outside of the European Unionthe countries of European Economic AreaUnion; or • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
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.
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.
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- 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.
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. We provide no express or implied warranty, 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.
3.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is to you solely for facilitating trading with the Company and under no circumstances is sold to you. The Trading Platform, all copies and any derivative 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. 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.
3.7. You shall take all reasonable steps to: • 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); • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions; • 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.
3.8. We will deliver the Trading Platform with reasonable skill and care.
3.9. 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 or undertake routine construction on the server. By doing so we are taking into consideration our regulatory obligations 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.
3.10. We have the right to shut down the Trading Platform at any time for maintenance purposes provided that a relevant written notice of two (2) days is provided by the CompanyCIF. In these cases, the Trading Platform will be inaccessible.
3.11. We make no express or implied representation or warranty: • 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); • as to the operation, quality or functionality of the Trading Platform; • that the Trading Platform will be free of errors or defects; 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.
Appears in 1 contract
Samples: Client Agreement
License and Use of the Trading Platform. 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 of legal age in your jurisdiction to form a binding contract and/or not of legal competence or of sound mind; • who resides in USA, Japan, Canada, Democratic Republic of Korea and to member States of the European Unionthe countries of European Economic Area; • who is an employee, director, associate, agent, affiliate, relative, or otherwise connected to the Company or any affiliate thereto.
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.
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.
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.
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. We provide no express or implied warranty, 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.
3.6. We reserve any and all rights to the Trading Platform not expressly granted to you by this Agreement. The Trading Platform is to you solely for facilitating trading with the Company and under no circumstances is sold to you. The Trading Platform, all copies and any derivative 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. 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.
3.7. You shall take all reasonable steps to: • 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); • prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions; • 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.
3.8. We will deliver the Trading Platform with reasonable skill and care.
3.9. 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 or 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.
3.10. We have the right to shut down the Trading Platform at any time for maintenance purposes provided that a relevant written notice of two (2) days is provided by the Company. In these cases, the Trading Platform will be inaccessible.
3.11. We make no express or implied representation or warranty: • 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); • as to the operation, quality or functionality of the Trading Platform; • that the Trading Platform will be free of errors or defects; 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.
Appears in 1 contract
Samples: Client Agreement
