PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE CONTENT OF THIS WEBSITE OR USING ANY SERVICES OR PRODUCTS IT PROVIDES. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS (SUBJECT TO CHANGE WITHOUT NOTICE) PLEASE REFRAIN FROM ACCESSING THIS WEBSITE.
BY ACCESSING, USING, EXPLORING, CONSULTING THE WEBSITE OR DOWNLOADING JAVA APPLET VIA A BROWSER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
1. GRANT OF LICENSE
Subject to the terms and conditions of below, Dukascopy Bank SA (hereinafter "Dukascopy") hereby grants to you as end user (hereinafter “Licensee”) a non-exclusive, non-transferable, worldwide license for personal, non-commercial, temporary use of and access to the Dukascopy website (www.dukascopy.com; including - without limitation and qualification - all the websites containing the word "Dukascopy" that are owned or controlled by Dukascopy and those with URL addresses that redirect the users to the aforementioned site), all the publications, images, materials, java applets, any other data or information it contains, the SWFX Marketplace Trading System and any other service or product distributed by Dukascopy as well as all the future updates, enhancements and sequels (hereinafter "Content"). Certain parts of Content are expressly identified as freely available for integration and limited modification within the Licensee's website and/or associated facilities (hereinafter "Website") on the basis of non-commercial use. Licensee's right to modify any offered Content shall be limited to modifying only to fit the format, look and feel of the Licensee's Website.
Dukascopy reserves the right to define the limits of non-commercial use of Content or any part thereof. Dukascopy may publish the definition of non-commercial use of Content or any part thereof on the Website.
Non-personal, commercial use of the Website and Content are allowed subject to a signed supplementary agreement with Dukascopy. To obtain commercial license (that is offered free of charge for a limited time period) please e-mail requests email@example.com. All forms of use that fall outside this definition shall be considered as instances of commercial use.
2. LICENSE RESTRICTIONS
Licensee may not sell, rent, lease, sub-license, assign, lend, publish, market or in any way distribute to the third party, translate into another programming language, port, adapt, modify, reverse-engineer, decompile, disassembly, store for commercial use any part of Content or any derivatives thereof, use source or object code or otherwise use Content.
Licensee may not use or access Content or integrate any part thereof provided (in Dukascopy's sole judgment) if such action may have an adverse effect on Dukascopy's goodwill, reputation, trademark or public image due to use in a way that is (or integrated with materials that are) morally objectionable, violent, erotic, pornographic, sexist, racist, profane, unlawful or that give rise to civil liability.
Licensee may not alter or remove any copyright or trademark notice or proprietary legend contained in any part of Content.
All rights that are not expressly granted to Licensee hereunder are retained by Dukascopy.
3. TRADEMARK INFORMATION
By integrating any part of Content within his/her website, Licensee expressly agrees to include the following acknowledgement on the same Web-page that will be easily identifiable as part and parcel of any part of Content used by Licensee: "Powered by Dukascopy®."
When writing about, quoting, mentioning or otherwise referring to any part of Content (or the statistical or analytical method of data processing used) in any written form or Site, Licensee expressly agrees always to use the word "Dukascopy®" (starting with the capital letter, scripted in italics and including USPTO registered trademark symbol). The trademark shall be used as a descriptive adjective.
When making references to Content, the names of the authors and the titles of the sources shall be immediately followed by the only word "Dukascopy®" (starting with the capital letter, scripted in italics and including USPTO registered trademark symbol).
The breach of the aforementioned provisions will be considered by the authors as the breach of their intellectual property rights.
4. RESIDENCE AND LEGAL RESTRICTIONS
Content provision is not aimed at residents of jurisdictions from which for whatever reason the access to and use of Content or any part thereof is either prohibited or strictly regulated (e.g. USA). Licensee subject to such restrictions may not access and use Content or any part thereof.
Due to plethora of international regulations and their constant increase inability of small internet business to comply with all regulatory requirements of various legal systems around the world shall not be construed as willful act and is purely coincidental.
5. DISCLAIMER – WAIVER OF LIABILITY
Dukascopy makes no claims or representations concerning Content. Content is constantly being developed and updated and is provided "AS IS", "AS AVAILABLE", "WITH ALL ITS FAULTS" and is offered without any covenants or any express, implied or statutory warranties including (without limitation and qualification) any warranties as to accuracy, functionality, performance, merchantability, quiet enjoyment, system integration, data accuracy, non-infringement of intellectual property rights or fitness for any particular purpose and any warranties arising from trade usage, course of dealing or course of performance.
Neither Dukascopy nor any other party (including, without limitation and qualification, proprietors, managers, developers, employees, officers, affiliates, agents, representatives, contractors, communications service providers or any third party) shall monitor, control, or guarantee the quality, accuracy, completeness, timeliness, truthfulness, reliability, absence of any virus, adequacy or availability of Content (including but not limited to information, text, graphics, links or other items obtained through access, use, consultation or exploration of Content) and shall have any liability, contingent or otherwise, for any direct, indirect, incidental, consequential, special, exemplary or punitive or any other damages including (without limitation or qualification) loss of profit, investment, trading losses or any other economic loss resulting from provision (or lack of provision) of Content, regardless of cause or form of action, whether in tort, contract, strict liability, statutory liability or otherwise, and whether or not such damages were foreseen, unforeseen or foreseeable, even if Dukascopy has been advised of the possibility of such damages.
Without limiting the foregoing, in the event these terms and conditions, or any part thereof, shall be held invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, Licensee expressly agrees that Dukascopy's liability shall not exceed the amount equivalent to $1 (one US dollar).
No information or material in Content is to be relied upon for the purposes of making and/or communicating (or refraining from making and/or communicating) investment decisions or any other type of transactions. Licensee shall undertake an independent research, obtain specialist advice (applicable to the Licensee's particular situation) and always refer to alternative sources of information (including - without limitation and qualification - the price quotes, market news, etc.) before relying upon any information whatsoever found in Content. Licensee expressly agrees that s/he has received a fair warning and assumes the entire risk of loss in using Content.
Third party websites or facilities: Dukascopy shall not be held responsible for any misuse of Dukascopy technology by third parties including (without limitation and qualification) any type of activity that gives rise to legal liability. Licensee who has accessed and used Content or any part thereof via third party website or associated facilities shall do so at Licensee's sole risk. Dukascopy does not and cannot monitor, endorse, influence or control third parties' Web-sites or the services they offer.
Languages: The Website and Content may be available in multiple languages. The English version is the original version and the only one binding on Dukascopy; it shall prevail on any other version in case of discrepancy. Dukascopy shall not be responsible for any erroneous, inadequate, or misleading translations from the original version into other languages.
Use of Java technology: Certain parts of Content involve the use of Java technology. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.
News provided by Dow Jones: A number of Dukascopy products, available on the Website, may contain text, headlines, data, graphics and photographs (hereinafter collectively referred to as the "News") supplied by third party sources such as Dow Jones & Company Inc. (UES), (hereinafter "Dow Jones"). News is the property of Dow Jones or its licensor(s), and is protected by the applicable intellectual property laws. News may be used only for personal non-commercial purposes. Dow Jones is entitled to stop providing News or change its content at any moment without a prior notification. Licensee agrees not to store, copy, reproduce, distribute, transfer, publish, create its own news content based on Dow Jones News, broadcast or otherwise disseminate Dow Jones content without a prior written consent of Dow Jones. Dow Jones shall not be responsible for any delay in Licensee's receiving the News or for News containing untimely and/or inaccurate information or for News containing any omissions. News is provided on an "as is" basis and Dow Jones and its subsidiaries, agents and licensors do not make any and hereby specifically disclaim any representations, endorsements, guarantees, or warranties, express or implied, including, without limitation, any of accuracy, timeliness, completeness, merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property rights. Dow Jones and its subsidiaries, agents and licensors shall not be liable for any damages other than death or injury directly related to the use of News to the extent the death or injury was caused by the Dow Jones' negligence or contingencies beyond the control of the Dow Jones parties in procuring, compiling, interpreting, reporting or delivering News. Dow Jones and its subsidiaries, agents and licensors shall not be liable for decisions or actions made based on the content of News. Dow Jones and its subsidiaries, agents and licensors shall not be liable for any damages other than direct damages, including, but not limited to, any indirect damages, even if they have been advised of such a possibility. In no event will the liability of Dow Jones and its subsidiaries, agents and licensors arising out of any claim related to this agreement or the subject matter hereof exceed the aggregate amount paid by its licensed distributor in the twelve (12) months immediately preceding the event giving rise to such claim.
6. PRICE QUOTES
The quotes are a result of an original form of data compilation and high degree of creativity based on implementation of a statistical method which is unique. The quotes provide Licensee with a new type of real-time data feed with original properties in terms of format, frequency, noise elimination, etc. and represent a novel and creative solution for the new generation of automatic intelligent trading systems.
The names of the stock-exchanges (e.g. NYSE, NASDAQ) are used within Content solely to inform Licensee where a particular instrument can be traded. No stock exchange provides Dukascopy with market data unless expressly stated to the contrary.
The quotes represent a range of values resulting from an award-winning and patented Dukascopy method of market data filtration. The filtration is performed by monitoring and processing the data obtained from the traders using Dukascopy’s technology, and also by comparison of the received information with the data obtained from the alternative sources. The actual value achieved is an optimum price forecast for a ten-second period. In determining the forecast the ever fluctuating market prices were tamed by the method of data processing that reduces price noise effects.
Licensee who consults the price quotes expressly agrees to arrange and use simultaneous access to the alternative sources of market data. Only being able to compare the quotes provided with the same quotes from the alternative sources Licensee can ascertain that he/she is presented with an objective view of the market.
7. OWNERSHIP OF INFORMATION
Publications, any other information including (without limitation and qualification) images of people or places displayed in Content are either the property of Dukascopy or used with permission. Licensee or other third parties shall not use such information without a prior written consent. Improper use of this information may violate communications regulations and laws pertaining to privacy and intellectual property rights.
8. LINKS TO OTHER WEBSITES
Dukascopy is neither affiliated with nor sponsored by any company, stock-exchange or any other organisation mentioned in Content unless expressly stated to the contrary. No Web-site referred or hyper-linked to within Content is affiliated with, sponsored or promoted by the Dukascopy unless expressly stated to the contrary.
Dukascopy has not reviewed all of the sites which are linked to its Website, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. Dukascopy is not responsible for the contents of any site linked to it; and Licensee's connection to any such linked site is at Licensee's sole risk.
9. CLIENTS OF BROKERS REGISTERED WITH DUKASCOPY
Licensee is kindly invited to report any violation thereof to Dukascopy (firstname.lastname@example.org).
Licensee expressly agrees that Dukascopy will treat all communications from Licensee including (without limitation and qualification) data, questions, comments, suggestions or submissions as non-confidential and non-proprietary. The communications may be used for any purpose including (without limitation and qualification) reproduction, transmission, disclosure, publication, broadcast, and posting. Dukascopy may use, without obligation to Licensee of any kind, any ideas, suggestions, concepts, techniques, or "know-how" contained in Licensee's communications, for any purpose whatsoever, including (without limitation and qualification) developing, manufacturing and marketing products and services.
If Licensee chooses not to register and provide personal information, Licensee would still be able to use most of Content. However, Licensee would not be able to access the area or facilities within Content that require registration.
14. FORCE MAJEURE
Dukascopy's failure to provide Content and perform any of its contractual or legal obligations as a result of conditions beyond Dukascopy's control such as (without limitation and qualification) war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of Dukascopy 's legal obligations.
Licensee shall pay all applicable taxes and withholdings on transactions that may occur using Content or any part thereof. Dukascopy shall not be held responsible for the Licensee's tax evasion.
Once Licensee has registered with Dukascopy, Licensee is solely responsible for the safekeeping of the Licensee's registration details and may not permit third party use of the Licensee's ID and password.
This is the exclusive and entire Agreement that supersedes all other representations oral and written. If any provision thereof is declared invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable, the remaining provisions of this Agreement shall remain in effect.
19. ENFORCEMENT RIGHT
Dukascopy may at its sole discretion resort to legal proceedings and/or other lawful means to enforce the Licensee's compliance hereunder. Failure to do so does not constitute a waiver of Dukascopy's rights.
Solely for the benefit of Dukascopy, any disputes arising out of or in connection with these terms and conditions will be resolved exclusively by the Courts of Geneva, the right being reserved to appeal to the Swiss Federal Court. Licensee expressly agrees to submit to the jurisdiction of such Courts for all purposes. This provision, however, shall not prevent Dukascopy from launching a legal action in other relevant jurisdiction.
If Licensee does not resort to legal proceedings within one year (365 days) after the cause of action arises Licensee forfeits his right to have Licensee' case heard before a court of law and is left without a remedy.
21. TECHNICAL RECOMMENDATIONS
The Content with all its facilities may only be used provided certain hardware and system recommendations have been met: