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Terms & Conditions
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
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 and use any number of copies of the software on your devices, provided
it is for your use only.
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.
License Agreement for
Reliability
This is a legal agreement between you, the
licensee, and Breakout Futures for the Reliability trading system
software, including the EasyLanguage code for TradeStation. 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:
-
You may install the software on as many computers as
necessary, but only one copy may be used at any given time.
-
You may make as many backup copies as necessary, but
these copies must remain in the possession of you, the licensee.
-
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.
License Agreement for MiniMax
This is a legal agreement between you, the
licensee, and Breakout Futures 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:
-
You may install the software on as many
computers as necessary, but only one copy may be used at any given
time.
-
You may make as many backup copies as
necessary, but these copies must remain in the possession of you,
the licensee.
-
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.
License Agreement for Neural DT
This is a legal agreement between you, the
licensee, and Breakout Futures for the Neural DT trading system
software, including the EasyLanguage code for TradeStation and any
functions called by the Neural DT systems, as well as associated
documentation. 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:
-
You may install the software on as many computers as
necessary, but only one copy may be used at any given time.
-
You may make as many backup copies as necessary, but
these copies must remain in the possession of you, the licensee.
-
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 a purchased product 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 Breakout Futures. Regardless of
whether your purchase included a physical delivery or only a digital
delivery (e.g., delivery via email attachment or digital download), you must sign and return the
Product Return Form either by
mail or fax. All materials must be postmarked no later than 30 days from
the date of purchase. When the physical product (if applicable) and the
Product 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 Product Return Form to:
Breakout Futures
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.
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