METAQUOTES LTD
TeamWox End-User License Agreement
Please read the terms and conditions of this End User License Agreement ("Agreement") carefully before continuing with the installation of the TeamWox software ("Product"). Unless the content otherwise requires, the capitalized terms used herein shall be defined as set forth in paragraph 1 of this Agreement.
This Agreement is applicable to both, individuals and legal entities, including authorized users representing the Business employer, Business employees or other persons using or accessing the Product on behalf of the Business.
This Agreement, as well as any updates hereof, constitutes a legal agreement between You and MetaQuotes Ltd and govern the use of the Product on any computer where it shall be installed, either by You or by any third party. Please note that MetaQuotes Ltd is a software development company and does not provide or offers any kind of financial, investment, brokerage, trading and data feed services in any local or international currency and stock markets or exchanges.
You can accept this Agreement by clicking "Continue", "Accept" or a similar icon or by using the relevant link and/or using the Product.
Your agreement with MetaQuotes Ltd may also include Additional Terms and Conditions (as defined below). The Additional Terms and Conditions shall include, but not limited to, the terms and conditions set forth in this Agreement.
For the effective use of the Product, its components, software additions, online services and MetaQuotes Ltd's Website, You must accept the applicable Additional Terms and Conditions. You can accept the Additional Terms by clicking a button where this option is made available to You or as may otherwise be designated or by using the Product, its components, software updates, online services and/or the Website of MetaQuotes Ltd whereby You agree and acknowledge that by such use You accept the applicable terms and conditions.
You acknowledge and agree that by accepting the terms and conditions of this Agreement, as well as the Additional Terms and Conditions, You enter into a legally binding agreement. In case of any conflict between the Additional Terms and Conditions and this Agreement, the Additional Terms and Conditions shall prevail with respect to the relevant Service offered by MetaQuotes Ltd You can find the relevant text of the current Agreement in the Legal section of the MetaQuotes website at https://www.metaquotes.net. We recommend that You print and keep a copy of this Agreement.
You hereby consent to the use of electronic communication in order to enter into contracts, place orders and create other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the Product.
Furthermore, You hereby waive any rights or requirements under the laws or regulations of the jurisdictions which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.
If You are a resident of a jurisdiction where the download or use of TeamWox software is prohibited by law due to different requirements or a complete ban on the use of the TeamWox software and components thereof in any such jurisdiction, do not install or use it.
If You do not agree with the terms if this Agreement, You may not use the Software. If TeamWox software is already installed on your computer (PC), then prior to its use, read the terms of the Agreement on the website at www.teamwox.com.
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms shall have the meaning as specified below:
Product: means the version of the "TeamWox" software, which is a web server-based data system for collecting, transmitting, processing, storing, and providing data to users with the limitation of the maximum number of Active accounts having Working status. The Product includes a set of software components and modules that can be changed, as well as Databases, any published printed materials, as well as "built-in" or "electronic" documentation delivered with the set. In addition to its updates, upgrades, revisions and new versions, the Product also includes the following components:
- Network Protocols are secure network data communication protocols designed for interaction between the Product and the user's equipment (PC, tablet, smartphone, etc.), as well as with other MetaQuotes' Software, online services and MetaQuotes' Websites;
- TeamWox SDK is a component of the TeamWox server software featuring the application programming interface consisting of a set of intercepted functions, descriptions of applied data structures, used identifiers, and the virtual server interface provided for the development of custom applications that are to interact with MetaQuotes' Software in order to expand the Product's functionality;
- Program Interface is a set of tools that allow the end user to interact with the Product, including, but not limited to, the following elements of the Product graphics: button, radio button, check box, icon, list box, tree view, text box, grid view, menu, window, tab, toolbar, scrollbar, slider, status bar, tooltip;
- Documentation is any documentation published on-line or otherwise provided by MetaQuotes Ltd, including, but not limited to, .CHM files installed together with the Product or downloaded in the course of its use.
Active System User: means TeamWox software user having an account in the Product with the 'Working' status.
MetaQuotes' Software: means any software, including any updates, enhancements, changes, or modifications, new versions, and related subsystems, parts, components and services, including but not limited to, the appropriate secure data exchange network protocols, databases, custom software interface, documentation, Product, and its components, as well as MetaQuotes' online services and Websites developed by MetaQuotes Ltd
Agreement: means this End-User License Agreement, as well as updated, modified and/or amended future versions hereof as now or thereafter in effect.
Effective Date: means the date on which this Agreement is entered into by clicking on the "Continue", "Accept" or a similar button in accordance with the procedure described above or upon installation or use of the Product by You, whichever occurs first.
Additional Terms: means the terms and conditions and policies applicable to Your use of MetaQuotes' Software, Products and Website , published or declared in addition to this Agreement.
MetaQuotes: is MetaQuotes Ltd, a software development company.
Affiliate: means any corporation, company or other entity that directly or indirectly controls the operation of MetaQuotes Ltd, is controlled by MetaQuotes Ltd or that is together with MetaQuotes Ltd controlled by third parties. For purposes of this document, "to control" and "controlled by" shall mean the direct or indirect ownership of more than 50% (Fifty percent) of the issued and outstanding ordinary shares of a corporation, company or another entity.
Content: means any and all content, consisting of text, sounds, pictures, photos, video and/or any type of information or communications.
Intellectual Property Rights: mean patents, patent applications, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.
MetaQuotes' Online Materials: mean Content available for download on MetaQuotes Website, as well as any amendments thereto which MetaQuotes may make at its sole discretion.
MetaQuotes' Promotional Materials: mean any and all trademarks, names, brands, signs, logos, banners, and any other materials, in whatever form, owned and/or used by MetaQuotes for the promotion of the company, its products, services and activities.
MetaQuotes' Staff: means the officers, directors, employees and agents of MetaQuotes or its Affiliates, as well as any other persons hired by MetaQuotes or its Affiliates.
MetaQuotes' Website: means any and all elements, Contents and the ‘look and feel’ of the website available under the URLs, www.metaquotes.net, www.teamwox.com, – among other URLs, from which MetaQuotes' Software can be downloaded.
Right to use the Product updates and improvements: means the temporary right to use the Product updates and improvements separately and on a fee basis including: Product updates and improvements received through the MetaQuotes LiveUpdate service; support via www.teamwox.com forum, e-mail support via support@metaquotes.net and via MetaQuotes' online technical support service.
User Account: means account with Login and Password that You create for Your use of the MetaQuotes' Software.
Login: means an identification code which, in combination with the Password, gives You access to Your Account.
Password: means a code You select, which, in combination with the Login, gives You access to Your Account.
You: means You as a user of the Product or MetaQuotes' Software ('Your' and 'Yours' shall be construed accordingly).
1.2. Words used in singular form include the plural, and vice versa, as appropriate.
1.3. Any words following the terms (in any form) "including", "among other things", "in particular" and similar expressions shall be construed as illustrative and not limiting the meaning of the words preceding those terms.
2. LICENSE AND RESTRICTIONS
2.1. License. Subject to the terms and conditions of this Agreement, unless otherwise specified in the relevant separate license or sub-license agreement granting You non-exclusive rights to use the Product, MetaQuotes hereby grants You a limited, personal, non-exclusive, simple, non-sublicensable, non-assignable, and non-transferable license to download, install, and use a lawfully purchased copy of the Product in the following way:
- running the Product, limited to its installation and launch of one copy of the Product on one computer (PC), which belongs to You or any third party, with the remote access to the Product via electronic communication channels, for Your personal or business purposes;
MetaQuotes reserves the right, at its sole and absolute discretion, to terminate this Agreement in case of a breach of these conditions.
2.2. No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, or otherwise grant rights to use the Product or any part thereof to a third party.
2.3. No Modification or Decompilation. You undertake not to knowingly or unknowingly, cause, permit, or authorize the modification, translation into other languages, creation of derivative products or services, reverse engineering, decompiling and/or disassembling of the Product and any components and parts thereof, unauthorized access to databases and Network Protocols, compromising of the integrity of the Product's security system, unauthorized access to and modification of License Certificates and not to modify the Product's Program Interface in any way. This clause will remain in effect after the termination of this Agreement.
You must comply with the requirements and specifications relating to Product's design, use and presentation, at all times.
2.4. Third Parties. The Product may be incorporated into, and may incorporate itself, software and other technology owned or controlled by third parties. The use of any such third party software or technology incorporated into the Product shall fall under the scope of this Agreement.
Any and all third party software or technology that may be distributed together with the Product are subject to a direct license agreement between You and that third party. You acknowledge and agree that You will not enter into a contractual relationship with MetaQuotes or its Affiliates regarding such third party software or technology and You will look solely to the applicable third party to enforce any of Your rights and not to MetaQuotes or its Affiliates.
2.5. Exclusive Ownership. You acknowledge and agree that all IP Rights in the Product, MetaQuotes' Software, MetaQuotes' Website, MetaQuotes' Online Materials and MetaQuotes' Promotional Materials are and shall remain the exclusive property of MetaQuotes and/or its licensors. Nothing in this Agreement intends to transfer to/or vest in You any such IP Rights. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You shall not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement, as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
All title and IP Rights in and to any third party content that is not contained in the MetaQuotes' Software, but may be accessed through use of the MetaQuotes' Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This clause will remain in effect after the termination of this Agreement.
2.6. No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights held by MetaQuotes, whether such notice or indications are affixed on, contained in or otherwise connected to any existing materials.
2.7. You will at all times maintain the value and reputation of the MetaQuotes' Software, the Product, the MetaQuotes' brand or name, to the best of Your abilities.
2.8. You shall not use the Product in any third-party software that in MetaQuotes' opinion is actually or potentially unlawful or inappropriate or contrary to the provisions of this Agreement or any Additional Terms.
No special permission from MetaQuotes is required for the operation of programs developed using TeamWox SDK. MetaQuotes does not guarantee the operational efficiency of the Product in conjunction with additional modules developed by You or any third party using TeamWox SDK.
2.9. You agree that the services and products You provide using the Product, shall be provided in compliance with all applicable laws and regulations (including without limitation those relating to privacy protection and processing of personal data or traffic data).
2.10. You agree that You are solely responsible for (and that MetaQuotes has no responsibility to You or to any third party for) any services and/or products You provide using the Product.
2.11. You hereby specifically acknowledge that Your rights to use the Product are strictly subject to Your full compliance with this Agreement, and breach of any provision of this Agreement or applicable Additional Terms or a separate license agreement granting You non-exclusive rights to the Product shall give rise to automatic right of termination by MetaQuotes.
2.12. Nothing in this Agreement grants You any right to use MetaQuotes' Promotional Materials, including but not limited to the Content and MetaQuotes' trademarks and logos. This clause will remain in effect after the termination of this Agreement.
2.13. MetaQuotes reserves the right, at its discretion, to amend, change, add or remove portions of the End-User License Agreement and Additional Terms and Conditions at any time, on a general or individual basis, for any reason, by publishing the revised Agreement and Additional Terms and Conditions on MetaQuotes' Website or by otherwise notifying You of the amendments. Such changes shall be effective immediately upon posting them on the website www.metaquotes.net. Continued use of the Product shall constitute Your acceptance to be bound by the terms and conditions of the revised End-User License Agreement and Additional Terms and Conditions. You must constantly monitor MetaQuotes' Website to ensure that You are aware of any changes in the End-User License Agreement or any other applicable Additional Terms and Conditions. In the event You do not agree with any changes in any applicable legal document, You must immediately cease any and all use of the Product and, where applicable, any and all use of the MetaQuotes' Software.
2.14. You shall not reverse engineer, decompile, disassemble or otherwise modify MetaQuotes' Software or engage in any other similar activity in relation to MetaQuotes' Software or any part thereof, without the prior written consent of MetaQuotes. You shall not undertake, cause, permit or authorize the modification, translation into other languages, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of the MetaQuotes' Software or any part thereof, unauthorized access to databases and network protocols, violation of the software integrity and any modification to MetaQuotes' software programming interface. You shall comply with the requirements and specifications relating to design, use and presentation of the MetaQuotes' Software, at all times.
2.15. You acknowledge and agree that the use of the Product and MetaQuotes' Software shall be at Your own risk and account. You agree, on demand, to indemnify, defend and hold MetaQuotes, its Affiliates and Staff harmless from and against any and all liability and costs (including reasonable attorneys’ fees) incurred by such person, in connection with or arising out of: (a) Your use of the Product or the MetaQuotes' Software, or (b) any breach or violation of the terms and conditions of this Agreement. This clause will remain in effect after the termination of this Agreement.
2.16. MetaQuotes reserves the right to modify the Agreement at any time, on a general or individual basis, by publishing the revised Agreement on MetaQuotes' Website or by otherwise notifying You of the modifications.
By continuing to use the Product, You are indicating Your acceptance to be bound by the terms and conditions of the revised Agreement.
2.17. In the event that You wish to use the Product in a manner other than as expressly set out in this Agreement, such use is expressly prohibited unless and until MetaQuotes grants You a specific license in writing.
2.18. IP Rights.
2.18.1. As between You and MetaQuotes, MetaQuotes and its licensors retain all the IP Rights in and to the MetaQuotes' Software (including the Product) and any derivative works thereto created by or for MetaQuotes or its licensors. This clause will remain in effect after the termination of this Agreement.
2.18.2. If You are an employee or director of a business and You use the Product on behalf of that business (the "Business"), You acknowledge and agree that: (i) by accepting this Agreement and using the Product, You do so on behalf of the Business and with the express authorization of the Business that You and the Business shall be bound by this Agreement in respect of Your and the Business's use of the Product; (ii) the license granted by MetaQuotes to use the Product is subject to You obtaining from the Business all necessary consents, permissions and authority for You to act on its behalf according to these Product Terms. You represent and warrant that You have obtained such consents, permission and authority to use the Product on behalf of the Business. If You do not have such authority, then You do not have a license to use the Product.
2.19. Utilization of Your Computer. The MetaQuotes' Software (including the Product) may utilize resources of Your computer (or other applicable device) You are utilizing, including, but not limited to, CPU, memory and network connectivity for the limited purpose of providing the functionality of the Product and establishing connection with the MetaQuotes' Software. MetaQuotes will take all reasonable measures to protect the privacy and integrity of Your computer resources and Your communications. However, You acknowledge and agree that MetaQuotes does not give any warranties in this respect.
2.20. Updates to and New Versions of the Product and the MetaQuotes' Software. MetaQuotes at its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Product and the MetaQuotes' Software. The Right to use the Product updates and improvements is granted by MetaQuotes on a fee basis provided that the appropriate periodic subscription has been paid for.
As part of the Right to use the Product updates and improvements, MetaQuotes can provide You with technical support of the Product including support via www.teamwox.com website forum; e-mail support via support@metaquotes.net, as well as MetaQuotes technical support online service. Technical support can be provided to the Licensee in the regular working hours from 10:00 am to 6:00 pm Moscow time, Monday to Friday.
Regardless of the presence of the Right to use the Product updates and improvements, MetaQuotes, to the extent possible, may provide free support on www.teamwox.com website forum.
2.21. Suspension. MetaQuotes may, at its sole discretion and without prior notice, modify or discontinue or suspend Your ability to use the Product or any version of MetaQuotes' Software or terminate the license granted to You under this Agreement, at any time, with immediate effect and without recourse to the courts, for the repair, improvement, and/or upgrade of MetaQuotes' Software, or for any other justifiable reason, including but not limited to, circumstances where You are found to be in breach of the terms and conditions, creating problems, possible legal liabilities or engaging in fraudulent, immoral, or illegal activities, or for other similar reasons.
2.22. Lawful Purposes. You shall use MetaQuotes Software only for lawful purposes. In this respect You shall not: (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of program codes that are designed to distort, delete, damage or compromise the integrity of MetaQuotes' Software or communication; (c) use or attempt to use MetaQuotes' Software or Websites in violation of the applicable laws of the Republic of Cyprus; (d) use or distribute any material or content that is subject to any third party proprietary rights, unless You have a license or permission from the owner of such rights; (e) modify, translate into other languages, create derivative products or services, reverse engineer, decompile and/or disassemble MetaQuotes' Software and/or any parts thereof, hack and compromise the integrity of databases, hack Network Protocols and compromise the integrity of MetaQuotes' Software security system. This clause will remain in effect after the termination of this Agreement.
2.23. Privacy policy and personal data protection. If you use the Product or any MetaQuotes' Software or Websites, as well as their individual functions or services, we might collect information about you.
We may collect non-personal information about your use of our Software Applications, visits to our websites or use of additional services, including pages you have viewed, links you have clicked, activation and verification of Product licenses, preparation of Product updates, as well as other actions related to your use of our applications or services. We may also collect certain technical information about your mobile device or PC, such as your IP address, the type and model of your device, the user-defined device name, the type and version of the operating system, information about your time zone and geo location, as well as device language and localization information.
We collect your personal information, including information that you provide when you register in the Product, MetaQuotes' Software or sign up for our websites' services. "Personal information" means any data that can be used to uniquely identify a person, such as name, email address, phone number or credit card information.
We use personal and non-personal information provided to us electronically via the Product or MetaQuotes' Software or Websites to, inter alia, register users, administer and improve our applications and associated services, to analyze the application use statistics and policy, as well as for other purposes approved by you separately in additional agreements or conditions accepted by you.
We also use your personal information to communicate with you in other ways. For example, if you contact us via a Software Application, we may use your personal information to respond. This information is also used for statistical analysis to tailor content to usage patterns.
We may combine personal information we collect from you with personal information provided by other users, in a non-identifiable format, thus creating aggregate data. We plan to analyze aggregate data mainly to identify group trends. We do not link aggregate user data with personal information and aggregate data can therefore not be used to contact or identify you. We will use user names instead of actual names when creating and analyzing aggregate data. For statistical purposes and tracking group trends, anonymous aggregate data may be shared with other companies with which we have relationships.
Personal and confidential data processing in our company is carried out on a legal and fair basis and is limited to the achievement of specific, pre-defined and legitimate objectives. The processing is applied only to the personal data, which meet the objectives of such processing. The content and volume of processed personal data correspond to the stated processing objectives. No redundancy of the processed data is allowed.
In order to ensure the security of personal data during processing, we take the necessary organizational and technical measures to protect such personal data against unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution, as well as other unlawful acts regarding personal data. Nonetheless, we cannot guarantee that misuse of your personal information by infringers will not occur.
Keep the passwords of your accounts in a safe place, and do not disclose your account details to any third party. If you become aware of any unauthorized use of your password or any other breach of security in our Products or services, please contact us immediately.
The use of the Product or any MetaQuotes' Software or Websites is governed by the terms of the separate MetaQuotes Ltd privacy policy and terms of personal data processing located on the Internet in the Legal section of the MetaQuotes' website at https:\\www.metaquotes.net\legal\. Use of the Product without accepting the terms of the privacy policy and terms of personal data processing and the applicable End User License Agreement is not permitted.
If you do not accept the privacy policy and terms of personal data processing or the current End User License Agreement, you must not download or use our Product.
2.24. The Product requires an Internet connection for its functionality. You shall be responsible for any and all costs incurred by use of the Internet as a result of Your use of the Product or MetaQuotes' Software.
2.25. Representations. You represent and warrant that You have the full and unencumbered rights, power and authority to enter into and comply with this Agreement. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under this Agreement, as well as any and all laws, regulations and policies that may apply to the use of the MetaQuotes' Software, the Product and/or the MetaQuotes' Website.
2.26. INDEMNIFICATION. YOU AGREE TO FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND METAQUOTES, ITS AFFILIATES AND METAQUOTES' STAFF FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COSTS , WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISES OUT OF OR RELATES TO (A) VIOLATION OR BREACH OF ANY TERM, OBLIGATION, REPRESENTATION, WARRANTY OR DUTY CONTAINED IN THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) USE OR MISUSE OF THE PRODUCT OR METAQUOTES' SOFTWARE, OR (C) COMMUNICATION SPREAD BY MEANS OF THE PRODUCT OR METAQUOTES' SOFTWARE. This clause will remain in effect after the termination of this Agreement.
2.27. You may use the Product in any country, in accordance with the terms and conditions of this Agreement.
3. TERM, TERMINATION, UPDATES
3.1. Term. This Agreement shall take effect on the Effective Date and shall be valid for 1 (one) year and beyond, or as long as its validity is not terminated by either Party that shall notify the other Party in writing about the intention to terminate this Agreement not later than one month prior to the termination date. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant MetaQuotes
service, and will remain effective until terminated by either You or MetaQuotes in accordance with the provisions contained herein.
3.2. Termination. You may terminate this Agreement at any time. Without limiting other remedies, MetaQuotes shall limit, suspend, or terminate this product license and use of MetaQuotes' Software, prohibit access to MetaQuotes' Website and delete Your User Account and/or Login, with immediate effect, automatically and without recourse to the courts, if we reasonably believe that You are in breach of this Agreement, creating problems and potential legal liabilities, engaging in fraudulent, immoral or illegal and unlawful activities, or for other similar reasons.
3.3. Consequences of Termination. Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the Software shall immediately terminate; (b) You must immediately cease any and all use of the MetaQuotes' Software; (c) You must immediately remove MetaQuotes' Software from hard disks of all your PCs, servers and other data storage devices, and destroy all copies of MetaQuotes' Software controlled by You or being available at Your disposal.
3.4. New versions of the Agreement. MetaQuotes reserves the right to change this Agreement at any time by publishing the revised Agreement on MetaQuotes' Website. The revised Agreement shall become effective upon the date of such publication or upon Your express acceptance of the revised Agreement by clicking on the "Continue", "Accept" or a similar button or using the relevant link. Continued use of the Product shall constitute acceptance to be bound by the terms and conditions of the revised Agreement.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1. No Warranties. YOU AGREE THAT METAQUOTES HAS MADE NO EXPRESS WARRANTIES REGARDING THE PRODUCT AND METAQUOTES' SOFTWARE WHICH ARE BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND; METAQUOTES HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO THE PRODUCT AND METAQUOTES' SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. METAQUOTES FURTHER DOES NOT REPRESENT OR WARRANT THAT METAQUOTES' SOFTWARE WILL ALWAYS BE AVAILABLE AND ACCESSIBLE, THAT ITS OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE OR THAT ANY COMMUNICATION WILL BE COMPLETE AND ACCURATE. NOR DOES METAQUOTES WARRANT ANY CONNECTION TO OR TRANSMISSION OF DATA FROM THE INTERNET, MADE THROUGH METAQUOTES' SOFTWARE.
4.2. Your Own Risk. You acknowledge and agree that You assume any and all risks arising out of the use of the Product and the MetaQuotes’ Software, to the maximum extent permitted by law.
4.3. No Liability. The Product is provided on "as is" and "as available" basis. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT METAQUOTES, ITS AFFILIATES, LICENSORS AND STAFF WILL HAVE NO LIABILITY FOR ANY CONSEQUENCES OF YOUR USE OF THE METAQUOTES’ SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH METAQUOTES’ SOFTWARE IS TO IMMEDIATELY UNINSTALL AND DISCONTINUE USE OF METAQUOTES’ SOFTWARE.
4.4. Limitation of Liability. IN NO EVENT SHALL METAQUOTES, AND ITS STAFF, AFFILIATES AND LICENSORS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
4.4.1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT AND METAQUOTES SOFTWARE;
4.4.2. ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT), ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT AND METAQUOTES SOFTWARE;
4.4.3. ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH:
(I) ANY DISRUPTIONS OR DELAY IN COMMUNICATION WHEN USING THE PRODUCT AND METAQUOTES SOFTWARE;
(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY METAQUOTES FOR ANY REASON;
(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE PRODUCT AND METAQUOTES SOFTWARE TO YOU.
This clause will remain in effect after the termination of this Agreement.
4.5. THE LIMITATIONS ON METAQUOTES’ LIABILITY AS SPECIFIED IN PARAGRAPH 4.4 ABOVE SHALL APPLY WHETHER OR NOT METAQUOTES, ITS AFFILIATES OR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
This clause will remain in effect after the termination of this Agreement.
4.6. TO THE EXTEND NOT PROHIBITED BY LAW, IN NO EVENT SHALL METAQUOTES BE LIABLE FOR PERSONAL INJURY, DEATH, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE)
4.7. Limitations on Jurisdiction. Some jurisdictions do not allow some of the exclusions or limitations as set forth above, so the above exclusions or limitations may not apply to You. In such cases liability shall be limited to the maximum extent permitted by the applicable law. This clause will remain in effect after the termination of this Agreement.
5. MISCELLANEOUS
5.1. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement that governs the relations between You and MetaQuotes with respect to the Product and MetaQuotes' Software and shall supersede and replace all prior understandings and agreements governing such relations, unless they were prepared as a separate document and executed in writing. Nothing in this clause shall exclude or restrict the liability arising out of fraud or fraudulent misrepresentation.
5.2. Partial Invalidity. If any provision under this Agreement, or any part of a provision, is found by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part thereof) in question is not of a fundamental nature to the Agreement as a whole, the legality, validity or enforceability of the remainder of the Agreement (including the remainder of the term which contains the relevant provision) shall not be affected.
5.3. No waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by applicable law shall not constitute a waiver of that right, power or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
5.4. Applicable Law and Competent Court. This agreement shall be governed by, and construed in accordance with, the law of the Republic of Cyprus. Any legal action or proceeding arising under this Agreement shall be subject to the jurisdiction of the courts of the Republic of Cyprus, in particular the district court of the city of Limassol.
5.5. Language. The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version of the Agreement and any other language version, the English language version shall prevail.
5.6. Survival. The terms of clause 2.3 and 2.5 as well as any other provisions of this Agreement which are expressed to survive or operate in the event of termination, shall survive termination of this Agreement for whatever reason.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS THE TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "NEXT" or "ACCEPT" BUTTON AND(OR) CONTINUING TO INSTALL THE SOFTWARE OR USING THE METAQUOTES' SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND GRANT TO METAQUOTES THE RIGHTS SET FORTH HEREIN.
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