License agreements, return policy, etc.

 

 

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Terms & Conditions

 

Software License Agreement for Adaptrade Builder...

These license terms are an agreement between Adaptrade Software and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any

updates, supplements, including EasyLanguage code files for TradeStation, and support services

for this software provided by Adaptrade Software, unless other terms accompany those items. If so, those terms apply.

 

BY CLICKING ON THE "I AGREE" BUTTON WHERE INDICATED, OR BY COPYING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PROGRAM AND DESTROY ALL COPIES OF IT.

 

If you comply with these license terms, you have the rights below.

1. LICENSE MODEL. The software is licensed on a per user basis.

2. INSTALLATION AND USE RIGHTS. You may install any number of copies of the software on your devices, provided it is for your use only. A "single user" license permits the use of the software on no more than one device at a time. A "two-user" license permits the software to be run on two devices at the same time, and so on

3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Adaptrade Software reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. You may not

reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; publish the software for others to copy; rent, lease or lend the software;

4.    BACKUP COPY. You may make two backup copies of the software. You may use these copies only to reinstall the software.

5.    EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software.  These laws include restrictions on destinations, end users and end use. 

6.    SUPPORT SERVICES. Support services are as described on the Adaptrade Software web site, www.Adaptrade.com.

7.    ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates and support services that you use, are the entire agreement for the software and support services.

8.    APPLICABLE LAW.

a.        United States. If you acquired the software in the United States, California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b.        Outside the United States. If you acquired the software in any other country, the laws of that country apply.

9.    LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software.  This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

10.  DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT.  ADAPTRADE SOFTWARE GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, ADAPTRADE SOFTWARE EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.  LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM ADAPTRADE SOFTWARE ONLY DIRECT DAMAGES UP TO THE AMOUNT PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

 

This limitation applies to

a.        anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

b.        claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Adaptrade Software knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

Software License Agreement for MSA...

The software license agreement for Market System Analyzer software is a legal agreement between the purchaser ("licensee") and Adaptrade Software. The agreement pertains to the Market System Analyzer software, including associated documentation. By installing, copying, or otherwise using the Market System Analyzer software, the licensee agrees to be bound by the terms of this agreement, as stated below.

 

This software is protected by copyright and intellectual property laws, including international laws and agreements. This software is licensed, not sold. The terms of this license agreement include the following:

 

  1. The trial version may be freely distributed provided the installation executable is unaltered and distributed in whole.

  2. A single license may allow operation of the software only on the computer on which it is originally installed. To install the licensed version on more than one computer or to install it on a different computer, please contact Adaptrade Software for additional license keys. Additional keys are generally free of charge for reasonable use. Regardless of how many copies are installed, a single license grants you the right to use only one copy at a time.

  3. This license agreement is not transferable.

  4. You agree not to hold Adaptrade Software liable for any losses or damages resulting from the use of this software.

  5. The software is provided “as is.” While Adaptrade Software makes every effort to provide reliable software, free of defects, omissions, and errors, there is no guarantee that such defects, omissions and errors are not present in the software. You accept sole responsibility for verifying any calculations made by the software.

 

 

License Agreement for MiniMax...

This is a legal agreement between you, the licensee, and Adaptrade Software for the MiniMax trading system software, which may include functions called by the MiniMax system, as well as associated documentation. This license also applies to the Excel spreadsheet version of MiniMax. By installing, copying, or otherwise using this software, you agree to be bound by the terms of this agreement, as stated below.

This software is protected by copyright and intellectual property laws, including international laws and agreements. This software is licensed, not sold. This license agreement grants you the following rights:

  1. You may install the software on as many computers as necessary, but only one copy may be used at any given time.

  2. You may make as many backup copies as necessary, but these copies must remain in the possession of you, the licensee.

  3. This agreement may be transferred to another individual or entity but only if that individual or entity accepts the terms of this agreement. In transferring this agreement, you give up all rights to the software.

 

 

Return Policy...

You have 30 days from the date of purchase to return your software purchase for a full refund, excluding shipping charges and tax, if applicable. If your purchase included the physical delivery of a software CD and/or user's guide, these materials must be returned to Adaptrade Software. Regardless of whether your purchase included a physical delivery or only a digital download, you must sign and return the Software Return Form either by mail or fax. All materials must be postmarked no later than 30 days from the date of purchase. When the software (if applicable) and the Software Return Form have been received, your refund will be processed. All refunds are made to the credit card used in the original purchase. Please allow 30 days for processing.

 

Please return the software CD and user's guide (if applicable) and the Software Return Form to:

Adaptrade Software
33175 Temecula Pkwy #A, 336
Temecula, CA 92592
951.302.1624 (phone)

208.977.1111 (fax)

Disclaimer...

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY 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 PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

 

Credits...

EasyLanguage and TradeStation are registered trademarks of TradeStation Technologies, Inc.

 

NinjaTrader™ is a Registered Trademark of NinjaTrader™, LLC.

 

Windows is a registered trademark of Microsoft Corp.

 

Technical Analysis of Stocks & Commodities logo and award are trademarks of Technical Analysis, Inc.

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