Terms of Use1. Grant of License Dukascopy™ (Suisse) SA (hereinafter referred to as "Licensor") and the End User (hereinafter referred to as "Licensee") hereby conclude a legally binding agreement. Subject to the terms and conditions of the End User License Agreement (hereinafter referred to as "EULA"), Licensor hereby grants to Licensee non-exclusive, non-transferable, worldwide license for personal, non-commercial (instances of non-personal, commercial use are allowed when evidenced by a signed supplementary agreement which is deemed to be a part of Dukascopy™ Terms of Use), temporary use of and access to the Dukascopy™ JForex API, all the images, materials, any other data or information it contains, any other service or product distributed by Licensor as well as all the future updates, enhancements and sequels (hereinafter referred to as "Content"). Certain parts of Content are expressly identified as freely available for integration and limited modification within the Licensee's JForex API on the basis of non-commercial use. Licensee's right to modify any offered Content part shall be limited to modifying only to fit the format, look and feel of the Licensee's JForex API. Licensor reserves the right to define the limits of non-commercial use of Content or any part thereof. All forms of use that fall outside this definition shall be considered as instances of commercial use. To obtain commercial license (that is offered free of charge for a limited time period) please e-mail requests to [email protected]. 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 Licensor's sole judgment) if such action may have an adverse effect on Licensor'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 expressly agrees to display Licensor's copyright or trademark notice (as stated in Section 8 "Trademark information") on the same Web-page that will be easily identifiable (by an objective observer) as part and parcel of any part of Content used by Licensee. Licensee may not alter or remove any copyright or trademark notice or proprietary legend contained in or on any part of Content. All rights that are not expressly granted in EULA are retained by Licensor. 3. Disclaimer Licensor does not own or develop Content but it has an exclusive right to sub-license the use of and access to Content and is a representative of its proprietors and developers. Licensor makes no claims or representations concerning Content. Content is constantly being developed and provided "AS IS", "AS AVAILABLE", "WITH ALL ITS FAULTS" and - to the extent permitted by law - 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 Licensor nor any other party (including - without limitation and qualification - proprietors, management, developers, employees, officers, affiliates, agents, representatives, contractors, communications service providers or any third party) monitors, controls, or guarantees 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 Licensor 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 the Licensor's liability shall not exceed the amount equivalent to $1 (one US dollar). Use of Java technology Part of Content involves 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. 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. News provided by Dow Jones A number of Dukascopy™ products may contain text, headlines, data, graphics and photographs (hereinafter collectively referred to as the "News") supplied by Dow Jones & Company Inc. (UES), (hereinafter referred to as "Dow Jones"). News is the property of Dow Jones or its licensors, 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. JForex API translations JForex API is available in multiple languages. The English version is the original version and Licensor shall not be responsible for any erroneous, inadequate, or misleading translations from the original version into other languages. 4. Indemnification Licensee expressly agrees to indemnify and hold Licensor and/or any other third party harmless from any claims, fees (including - without limitation and qualification - legal fees), liability, losses resulting from provision (or lack of provision) of Content, breach of EULA provisions, or third party rights (including - without limitation and qualification - intellectual property rights). 5. 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. 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 Licensor 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™ Market Machine, 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 that 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 s/he 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 Licensor 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. Trademark Information All trade and service marks, logos and any other marks, whether registered or unregistered, shown in Content are the property of their respective owners. Except as expressly specified in these terms and conditions, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trade secret, trademark, copyright or any proprietary rights of Licensor or any third party. By integrating any part of Content within API, Licensee expressly agrees to include the following acknowledgement on the same API 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. 9. Links to Other Web-Sites Licensor is neither affiliated with nor sponsored by any company, stock-exchange or any other organization 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 Licensor unless expressly stated to the contrary. Licensor has not reviewed all of the sites which are linked to its API, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. The Licensor is not responsible for the contents of any site linked to it; and the Licensee's connection to any such linked site is at Licensee's sole risk. 10. Use of Demos Demos shall be used by the Licensee only for the purposes they are offered and in strict accordance with the instructions given, their use and availability may be limited in time. 11. Misuse of Dukascopy™ Technology by the Third Parties Licensor shall not be held responsible for any misuse of Dukascopy™ technology by the third parties including (without limitation and qualification) any type of activity that gives rise to legal liability. Licensee that has accessed and used Content or any part thereof via third party Web-site or associated facilities shall do so at Licensee's sole risk. Licensor does not and cannot monitor, endorse, influence or control third parties' Web-sites or the services they offer. 12. Clients of Brokers Registered with Licensor Licensee that has accessed and used Content via a contract with broker registered with Licensor shall be bound by Dukascopy™ Terms of Use. In accordance with Brokerage and Use of Trading Platform (Software) Agreement - in addition to other requirements - Section 3 "Disclaimer" has to form a part of Licensee's contract with such broker. Please report any violation of this agreement to Licensor ([email protected]). 13. Termination of Use Licensor, in its sole discretion, reserves (among others) the right to change, refuse or discontinue the provision of Content to Licensee without offering any reason. If Licensee breaches any EULA provision the agreement shall be automatically terminated. Termination of EULA is subject to Section 23 "Severability". 14. Bankruptcy In case of bankruptcy Licensor shall have the right to reject any license agreement thereby terminating all Licensee's rights under it. Any legal provision in applicable jurisdiction that has effect of preserving Licensee's rights is expressly excluded. 15. Information Licensee expressly agrees that Licensor 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. Licensor 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. 16. Privacy Licensee authorizes Licensor to disclose the Licensee's confidential information when it is necessary for business purposes (e.g. to set up the Licensee's account), required by law, court order or regulatory authorities. For further details see Privacy Policy Statement. 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. 17. Enforcement Right Licensor may at its sole discretion resort to legal proceedings and/or other lawful means to enforce the Licensee's compliance with this agreement. Failure to do so does not constitute a waiver of Licensor's rights. 18. Jurisdiction EULA shall be governed by and construed in accordance with Swiss law as the sole and exclusive governing law. Solely for the benefit of Licensor, 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 of Lausanne. Licensee expressly agrees to submit to the jurisdiction of such Courts for all purposes. This provision, however, shall not prevent Licensor 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. 19. Force Majeure Licensor's failure to provide Content and perform any of its contractual or legal obligations as a result of conditions beyond Licensor'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 Licensor's legal obligations. 20. Taxation Licensee shall pay all applicable taxes and withholdings on transactions that may occur using Content or any part thereof. Licensor shall not be held responsible for the Licensee's tax evasion. 21. Security Once Licensee has registered with Licensor, 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. 22. Miscellaneous This is the exclusive and entire Agreement that supersedes all other representations oral and written. If any provision of EULA 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. 23. Severability All sections with the exception of Section 1 "Grant of License" shall survive the termination of EULA and apply - to the extent permitted by law - in perpetuity. 24. Technical Recommendations The Content with all its facilities may only be used provided certain hardware and system recommendations have been met: (i) Java 1.6 or higher; (ii) Internet connection: 56 Kb/s or higher; (iii) CPU: 1500 MHz or higher; (iv) RAM: 512 Mb or higher; (v) Screen Area of 1024x756 pixels or higher and 256 colors or higher.
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