PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE AURUM SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY ELECT TO NOT PROCEED WITHOUT PENALTY.
IMPORTANT NOTE: This software may be used solely through Aurum-approved brokerage platforms. It is licensed to you only for operating trading accounts that you are authorized or legally permitted to run. This software is only to be used in jurisdictions in which it is legal to do so. If you are uncertain about your right to use the software in your jurisdiction or personal circumstances then you should contact your legal and/or financial advisors. AurumFx reserves the right to update this Agreement from time to time and you agree to be bound by those changes by proceeding. You will be informed of any such changes.
The software is designed to trade a specific amount of funds and will not recognize a differing balance either higher or lower than that traded amount. The customer agrees that the MINIMUM trading balance which is equivalent to the starting account size shall be maintained. If the client withdraws funds below this amount or allows the account to remain below the Minimum trading balance for any reason the customer acknowledges that AurumFx and the Broker hold no liability for the performance of the account.
The customer acknowledges that foreign exchange trading is a leveraged form of investment at a ratio of 100:1. The customer confirms they are legally entitled to invest in this form of trading within their jurisdiction. The customer also acknowledges that the software and this form of trading require "open positions" to be created that utilise capital in the trading account and that this "drawdown" is a normal part of this form of trading.
The Aurum and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, held at a third-party location, on any other media or in any other form (collectively the "Aurum Software") are licensed, not sold, to you by Aurum Systems Ltd ("Aurum") for use only under the terms of this License, and Aurum reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Aurum that replace and/or supplement the original Aurum Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install and use the Aurum Software. The Aurum Software may be used via approved foreign exchange ("forex") brokerages to operate forex trading account(s). You may not make the Aurum Software available over a network where it could be used by multiple computers at the same time. You may not duplicate trading patterns or record or reproduce the trades produced by the software in any other trading account, platform or trading medium. You may make not make any copies of the Aurum Software in machine-readable form for backup purposes, the broker will have access to back-ups.
B. You may not and you agree not to, or to enable others to, copy except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Aurum Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Aurum Software). Any attempt to do so is a violation of the rights of Aurum and its licensors of the Aurum Software.
C. The software operates in the environment of a third-party trading platform. The software components that interface with the platform and the platform itself are subject to the licenses pertaining to that platform and also any contractual obligations that pertain to the Brokerage agreements you have or will sign.
D. Manually trading of any trading account run by Aurum software or manipulating the software and its performance by activation, deactivation, adjustment, error, deliberate act or omission is deemed to be a breach of this agreement and will result in termination of the agreement. Aurum accepts no responsibility or liability for the performance of any account that has been manipulated by any means by the end user. This may apply to any linked or related accounts.
You may not rent, lease, lend, redistribute or sublicense the Aurum Software. You may, however, make a one-time permanent transfer of all of your license rights to the Aurum Software to another party should your trading account be legally and definitively transferred, provided that: (a) the transfer must include all of the Aurum Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Aurum Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Aurum Software reads and agrees to accept the terms and conditions of this License.
Updates: If an Aurum Software update completely replaces (full install) a previously licensed version of the Aurum Software, you may not use both versions of the Aurum Software at the same time nor may you transfer them separately.
You agree that Aurum and its subsidiaries and agents may collect, maintain, process and use diagnostic technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Aurum Software and to verify compliance with the terms of this License. Aurum may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
This software is part of a suite of current and future product releases published predominantly via website(s). Use of the "Services" (as the online content is collectively referred to) requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.
By using this software in connection with these websites, you agree to the website(s) Terms of Service (or similar), which you may access and review from the home page of the website(s).
You agree to use the Services at your sole risk and that Aurum shall have no liability to you for content that may be found to be offensive, indecent, illegal or objectionable. You acknowledge and agree that Aurum does not guarantee the accuracy of any third party commentary or content supplied online. You acknowledge and agree that Aurum is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites. Aurum does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Aurum is not in any way responsible for any such use by you.
You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by Aurum and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
Aurum and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Aurum be liable for the removal of or disabling of access to any such Services. Aurum may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Aurum if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Aurum Software and destroy all copies, full or partial, of the Aurum Software. Aurum may suspend Software use in such cases without notice.
Aurum warrants the media on which the Aurum Software is recorded and delivered by Aurum to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Aurum's option, a refund of the purchase price of the product containing the Aurum Software or replacement of the Aurum Software which is returned to Aurum or an Aurum authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE AURUM SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AURUM SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AURUM AND AURUM'S LICENSORS (COLLECTIVELY REFERRED TO AS "AURUM" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AURUM SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AURUM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AURUM SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE AURUM SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AURUM SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AURUM SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AURUM OR AN AURUM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE AURUM SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AURUM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AURUM SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AURUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Aurum's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Aurum Software except as authorized by Aurum and the laws of the jurisdiction in which the Aurum Software was obtained.
This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
This License constitutes the entire agreement between the parties with respect to the use of the Aurum Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use Aurum's online content which will govern your use of such content and any other Services you purchase through that medium. No amendment to or modification of this License will be binding unless in writing. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
A. Portions of the Aurum Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the "online" electronic documentation for the Aurum Software or may otherwise accompany such material, and your use of such material is governed by their respective terms.