This License Agreement (“Agreement”) is a legal agreement between alphaheim Limited, a UK limited liability company and you, the user (“Licensee”), and is effective the date Licensee installs, downloads, copies or otherwise Uses this software product in whole or in part (“Software”). Herein, “Use”, “Uses” or “Used” means to access any of the files that are included with the Software or to otherwise benefit from using the Software.
GRANT OF LICENSE
Alphaheim Limited grants Licensee the non-exclusive license to install and operate the Software on a single computer at Licensee’s premises or on a portable computer operated solely by Licensee.
BACK-UP AND TRANSFER
Licensee may make one copy of the Software solely for “back-up” purposes.
Licensee may not use, copy, modify, translate, or transfer the Software, documentation, license key, or any of the files included with the Software except as expressly defined in this agreement. Licensee may not attempt to unlock or bypass any “copy-protection”, licensing or authentication algorithm utilized by the Software. Licensee may not remove or modify any copyright notice, nor any “About” dialog or the method by which it may be invoked. Licensee may not rent or lease the Software. Violations will be prosecuted to the maximum extent possible under the law.
The Software is provided as is, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of this product is assumed by Licensee. alphaheim Limited does not assume liability for the use of this Software beyond its original purchase price. In no event will alphaheim Limited be liable for additional direct or indirect damages including any lost profits, lost savings, or other incidental or consequential damages arising from any defects, or the use or inability to use the Software, even if alphaheim Limited has been advised of the possibility of such damages.
This Agreement is effective until terminated. Licensee may terminate it by destroying the Software, the documentation and copies thereof. This license will also terminate if Licensee fails to comply with any terms or conditions of this Agreement. Licensee agrees upon such termination to destroy all copies of the Software or return them to alphaheim Limited for disposal.
If Licensee is executing this Agreement on behalf of an entity, then Licensee represents he or she has the authority to execute this agreement on behalf of such entity.
The Software is Copyright © 2020 alphaheim Limited, all rights reserved. The Software is protected by United Kingdom copyright laws, international treaties and all other applicable national or international laws.
OTHER RIGHTS AND RESTRICTIONS
Except for the limited licenses granted herein, alphaheim Limited retains exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the Software.
This Agreement shall be interpreted, construed, and enforced according to the laws of the United Kingdom. This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties. No officer, salesman or agent has any authority to obligate alphaheim Limited by any terms, stipulations or conditions not expressed in the Agreement. If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid.
CFTC RULE 4.41
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
FULL RISK DISCLOSURE
The following statement is furnished pursuant to Commodity Futures Trading Commission (“CFTC”) Regulation 1.55(c).This brief statement does not disclose all of the risks and other significant aspects of trading in futures, forex and options. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk. Trading in futures, forex and options is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances. The risk of loss in trading commodity futures contracts and foreign currency can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.