Single User License
This is an Agreement, (in future referred to as Agreement) between Energy Field Trading, LLC, (in future referred to as Energy Field Trading), owner of the Energy Field Trading Indicators software, (in future referred to as Software), and you, (in future referred to as the Licensee), for the purpose of specifying the conditions under which the Licensee will use the Software. This Agreement and the word Software, applies to all Energy Field Trading Indicators, whether purchased as a bundled package of indicators, or purchased as individual indicators.
As part of the purchase process, you agree to accept the terms of this Agreement. This Agreement is a legal contract which specifies the terms of the license and warranty limitation between you, the Licensee, and Energy Field Trading for the Software and related documentation. You should read the following terms and conditions carefully before installing or using the Software. Unless you have entered into a separate written license agreement with Energy Field Trading providing otherwise, then installation or use of the Software indicates your agreement to be bound by the terms and conditions of this Agreement as the Licensee. If you do not agree to these terms, do not attempt to install or use the Software.
Grant Of License
Energy Field Trading hereby grants you as the Licensee, a nonexclusive licence to install and use the Software by a single individual. You own the media on which the Software is recorded, but not the Software itself, or any copy of it. This license is not a sale of the original or any copy of the Software.
The license is subject to the following restrictions:
- You may only install and use ONE copy of the software on a single computer.
- You may make a single copy of the Software for backup and archival purposes only, provided that any copy must contain all proprietary notices included in the original. Your back up copy is not installed or used on any computer.
In addition, you shall not, nor permit any party to:
- Use the Software for the benefit of any third party, including and without limitation, in an outsourcing or timesharing arrangement, or in the operation of a service bureau, or in promoting any other online or offline service.
- Sell, lease or loan, sublicense, distribute, lend or otherwise transfer the Software to any other person, firm or entity.
- Attempt to derive the source code of the Software by decompiling, disassembling, reverse engineering, or translate the Software, or otherwise display the Software in human readable form.
- Modify the software without the written consent of Energy Field Trading.
- Reproduce, distribute, publicly perform with, or publicly display the Software except as expressly permitted above, and you may not create derivative works of the Software.
- Remove any proprietary notices or labels on the Software.
If the Software and related documentation are provided as an upgrade to an earlier licensed release of the Software, then you must have a valid license to operate such earlier releases of the same version and edition as the upgrade to install or use the upgrade. All software being upgraded is deemed to be part of the Software and is subject to this Agreement.
The Software is owned by Energy Field Trading and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. You shall treat the Software like any other copyrighted material. Energy Field Trading Trading Indicators are the intellectual property of Energy Field Trading.
No Additional Rights Or Licenses
You as the Licensee, acknowledge and agree that except for the rights granted in this Agreement, all other rights, and all title and interest in and to the Software and any related documentation, remain the sole and exclusive property of Energy Field Trading, and that you will nor derive or assert any title or interest in or to the Software or related documentation. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trademarks rights to the Software or related documentation. This Agreement doe not authorize you to use the name Energy Field Trading or any of its trademarks.
Term Of Agreement & Termination
If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. Energy Field Trading may terminate any license granted herein if you fail to comply with any of the terms of this Agreement. Upon the termination of a license for any reason, you must promptly return to Energy Field Trading or destroy all copies of the Software and related documentation covered by the license.
Energy Field Trading provides no remedies or warranties, whether express, statutory, or implied, for the Software. The Software and documentation are provided on an ‘as is’ basis only and without warranties of any kind, express, statutory or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non infringement. The entire risk as to the quality and performance of the Software and the documentation is with you. Should the Software or the documentation prove to be defective in any way, you, and not Energy Field Trading, assume the entire cost of all necessary servicing or repair.
Energy Field Trading does not warrant that the functions contained in the software will meet your requirements, or operate in the combination that you may select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the Software will be corrected. No oral or written statement by Energy Field Trading or any representative of Energy Field Trading shall create a warranty or increase the scope of this warranty. Furthermore, Energy Field Trading does not warrant that the Software will work with any given databases, platforms, or 3rd party brokers.
As the Licensee you acknowledge that due to the complexity of the Software, it is possible that use of the software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption, and the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation Of Liability
As Licensee, your sole remedies and the entire liability of Energy Field Trading are set out above. In no event will Energy Field Trading be liable for direct, indirect, incidental or consequential damages resulting from the use of the Software, the inability to use the Software, or any defect in the Software including any lost profits, even if Energy Field Trading or anyone associated with Energy Field Trading, have been advised of the possibility of such damage or loss. In no event will Energy Field Trading’s total liability to you for all damages, losses, and causes of action, whether in contract, tort, including negligence, or otherwise, exceed the amount you paid for the product. Furthermore, you agree that Energy Field Trading will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the documentation.
Some jurisdictions do not allow the exclusion or limiting of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Internet Trading Risks
There are risks associated with using an internet based execution trading system including, but not limited to, the failure of hardware, the Software, and internet connection. Since Energy Field Trading does not control signal power, its reception or routing via the internet, configuration of your equipment or reliability of its connection, we cannot be help responsible for communication failures, distortions or delays when trading via the internet.
Export Control Laws
As the Licensee you agree to comply with all laws, rules and regulations applicable to the export of the Software or the documentation. In particular, you will not export, re-export or transship the Software or documentation, or the direct product thereof, in violation of any United States laws and regulations which may be applicable from time to time.
None of the Software, or underlying information or technology may be downloaded or otherwise exported or re-exported as follows:
- Into any country to which the US has embargoed goods
- To anyone on the US Treasury Department’s list if Specially Designated Nationals or the US Commerce Department’s Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Government Restricted Rights
The Software has been developed at private expense and is ‘commercial computer software’ or ‘restricted computer software’ within the meaning of the FARs and DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein, will be deemed to grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial software developed entirely at private expense.
This Agreement is the complete Agreement between Energy Field Trading and you as the Licensee, and supersedes all prior agreements, oral or written with respect to the Software. The failure or delay of Energy Field Trading to exercise any of it’s rights under the Agreement or upon any breach of this Agreement, shall not be deemed a waiver of those rights or of the breach.
By continuing to install the Software, you hereby agree to be bound by the terms of this Agreement and all the conditions and indemnities contained herein.
Trading any financial instrument or market on margin carries a high level of risk, and may not be suitable for all investors or speculators. The high degree of leverage can work against you as well as for you. Before deciding to trade in any financial market you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could lose some or all of your initial investment, and therefore you should not invest or trade speculatively with money that you cannot afford to lose. You should be aware of all the risks associated with trading in any market, and seek advice from an independent financial advisor if you have any doubts.
Any opinions, news, research, analysis prices, forecasts or other information contained on this site is provided as general market commentary only, and does not constitute investment advice. Energy Field Trading will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
Energy Field Trading makes no claims whatsoever regarding past or future performance. Past results are no indication of future performance. Any trade alert is for educational purposes only. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance trading results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. No representation is being made that any account will, or is likely to, achieve profits or losses similar to any discussed or shown anywhere on the website.
Commodity Futures Trading Commission : Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
Off-exchange foreign currency trading on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and, therefore, you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with off-exchange foreign currency trading and seek advice from an independent financial advisor if you have any doubts.
Government Required Risk Disclaimer
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.
GOVERNMENT REGULATIONS REQUIRE DISCLOSURE OF THE FACT THAT WHILE THESE METHODS MAY HAVE WORKED IN THE PAST, PAST RESULTS ARE NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. WHILE THERE IS A POTENTIAL FOR PROFITS THERE IS ALSO A RISK OF LOSS. A LOSS INCURRED IN CONNECTION WITH TRADING FUTURES, STOCKS, FOREX, OPTIONS OR ANY KIND OF OTHER TRADING PRODUCTS CAN BE SIGNIFICANT. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION SINCE ALL SPECULATIVE TRADING IS INHERENTLY RISKY AND SHOULD ONLY BE UNDERTAKEN BY INDIVIDUALS WITH ADEQUATE RISK CAPITAL.