End User License Agreement

IMPORTANT NOTICE TO ALL USERS:

• BY INSTALLING AND/OR USING THE SERVICE/SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE AGREEMENT WHICH WILL BIND YOU.
• IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE INSTALLATION, UNINSTALL  AND/OR CEASE USE OF THE SOFTWARE.
• THE SERVICE IS ONLY AVAILABLE TO INDIVIDUALS AGED 18 OR OLDER. IF YOU ARE NOT 18 OR OLDER, YOU ARE NOT PERMITTED TO ACCESS AND USE THE SOFTWARE.

PLEASE READ THESE LICENCE TERMS CAREFULLY

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and NinjaXperts of Trupbacher Str. 20, 57072 Siegen, Germany (Licensor, us or we) for the NinjaXperts computer software (Software) available at www.ninjaxperts.com for the NinjaTrader  trading platform only.

By downloading, installing or using any Software, you accept that you are entering into a legal binding agree with us on the terms of this Agreement.

We license use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software at all times.

AGREED TERMS

1. GRANT AND SCOPE OF LICENCE
   1. In consideration of you agreeing to abide by the terms of this Licence and payment of the relevant Software fee, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software on the terms of this Licence until terminated in accordance with this Licence.
   2. You may:
      1. install and use the Software for your personal purposes only on one computer if the Licence is a single-user licence or the Software is for single use;
      2. provided it is used at any one time on only one computer owned or leased by you, transfer the Software from one computer to another; and
      3. provided you comply with the provisions in paragraph 2, make up to 1 copies of the Software for back-up purposes.
   3. We may update or require you to update the Software, provided that the Software shall always match the description of it that we provided to you before you bought it.
      
2. Restrictions
   Except as expressly set out in this Licence or as permitted by any local law, you undertake:
   1. not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
   2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
   3. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such Things;
   4. not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us;
   5. not to use the Software via any communications network or by means of remote Access.
   6. to comply with all applicable technology control or export laws and regulations.
      
3. Grant and scope of licence (Trial only)
   1. In consideration of you agreeing to abide by the terms of this Licence, we hereby grant you a time-limited, non-exclusive, non-transferable licence to trial the Software on the terms of this Licence. The time limitation applicable to you will be shown on the Software.
   2. Where applicable, you may be prompted to install the Software once only on computer/device in order to access and use the Software for the purposes of a personal trial of the Software. You are granted a limited licence to install and use such Software for the purposes of the Software trial only.
      
4. Intellectual property Rights
   1. You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.
   2. You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Licence.
      
5. Warranty
   1. We expressly disclaim any warranty for the Software permitted by law. The Software is provided ‘as is’ without any express or implied warranty of any kind, including but not limited to any warranties including fitness of a particular purpose. We do not warranty or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. The Licensor makes no warranties in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. We further expressly disclaim any warranty or representation to you or to any third party.
      
6. Liability
   1. In no event shall we be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of your use of or inability to use the Software even if we have been advised of the possibility of such damages. In no event will we be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. We shall have no liability with respect to the content of Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Installation of the software indicates your acceptance of these conditions.
   2. Risks associated with using internet based execution trading system include, but are not limited to, failure of the Licensee’s hardware, Software, and/or internet connection. As we do not control signal power, its reception or routing via the internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the internet.
   3. All trade alerts are for educational purposes only.
      
      CFTC Rule 4.41
      
   4. 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.
   5. 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.
      
7. Termination
   1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
   2. Upon termination for any reason:
      1. all rights granted to you under this Licence shall cease;
      2. you must cease all activities authorised by this Licence; and
      3. you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
         
8. Communications between us
   1. If you are a Licensor, if you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by email license@ninjaxperts.com. We will confirm receipt of this by contacting you by email.
   2. If we have to contact you or give you notice in writing, we will do so by email to the email address you provide or confirm to us.
      
9. How we may use your personal Information
   1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided here and it is important that you read that information.
      
10. Other important Terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    2. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    3. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    4. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by German law and you can bring legal proceedings in respect of the products in the courts in Siegen, Germany.