End-user sales and license agreement.
1. Definitions
1.1. Documentation : means any user documentation, on any medium, provided by TraderpropFirm in association with the Products.
1.2. TraderpropFirm : means TraderpropFirm, its dealers, distributors, traders, system centers, representatives and other authorized persons who manufacture, sell or market the Products.
1.3. ID machine : means the code provided by the End User to TraderpropFirm that enables the Products to operate in the specified Licensed Configuration.
1.4. Licensed configuration : means a single computer located in the Licensed Location.
1.5. Licensed location : the address where the Products will be installed.
1.6. Products : means any TraderpropFirm product provided to the End User as computer software (including online and electronic documentation) and any associated media intended for use with the software in association with this Agreement, as well as any enhancements, upgrades and extensions provided by TraderpropFirm to the End User.
1.7. Software : means the computer software (including online and electronic documentation), any associated media and any item intended for use with the software, including all fixes, enhancements, patches and software updates provided by TraderpropFirm at any time.
2. Software and documentation licensing
2.1. Software license : Subject to the terms and conditions of this Agreement, TraderpropFirm grants End User a personal, non-exclusive, non-sublicensable and non-transferable license to use the Software in accordance with the relevant Documentation in the Licensed Configuration only.
2.2. ID machine : The NinjaTrader® machine ID provided to TraderpropFirm controls the use of the Software in accordance with the Licensed Configuration. If any Software is deactivated for any reason, TraderpropFirm may, at its sole discretion, issue the End-User with another License Key allowing use of the Software on alternative hardware. Proof of identity will be required, such as the original machine ID provided, name and e-mail address used.
2.3. Documentation license : TraderpropFirm grants the end user a non-exclusive, non-transferable, non-sublicensable license to use the documentation and to make a reasonable number of copies thereof solely for internal business purposes as necessary in connection with the use of the products.
3. Product use
3.1. Personal use : The Products are provided solely for the internal use of the End User and for the licensed Configuration only. The Product or any part of the Products may not be used or accessed by, sublicensed, resold, rented or distributed to any other party. The End User agrees not to permit others to use the Products, nor to use the Products for the benefit of third parties.
3.2. Ownership and retention of rights : End User acknowledges that TraderpropFirm and its licensors own and retain all right, title and interest in and to the Software and Documentation (including all copies, modifications and derivative works thereof), including all intellectual property rights embodied therein. The End User shall have no rights to such items other than those rights expressly set forth in this Agreement.
3.3. Protection of rights : The End User agrees not to create or attempt to create by reverse engineering, disassembly, decompilation or otherwise, the source code, internal structure or organization of the Products, or assist, encourage or permit others to do so. The End-User also agrees not to remove any identification or notice of proprietary or copyright restrictions from the Product, Software, Documentation or other supporting materials. Furthermore, the End User shall not copy the Software, develop derivative works therefrom, or include any part of the Software in any other software program.
4. Maintenance and support
TraderpropFirm is not obligated to provide installation, maintenance, training or other services related to the Product under this License. Such services may be purchased separately. TraderpropFirm may collect and use technical information gathered as part of the support services provided to the End User to improve the Software Product or provide customized services, without disclosing such information in a form that personally identifies the End User.
4.1 Limited warranty : TraderpropFirm MAKES NO WARRANTY OF ANY KIND REGARDING TECHNICAL ASSISTANCE SERVICES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TraderpropFirm BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, RESULTING FROM LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIMS ARE BASED.
5. Product updates and modifications
TraderpropFirm is not obligated to provide updates or upgrades to the Software Product under this License. From time to time, TraderpropFirm may provide End User with error corrections, enhancements, updates, upgrades or other modifications. Unless TraderpropFirm provides other terms with such modifications, this License shall apply to such modifications. TraderpropFirm reserves the right to discontinue any Internet service provided.
