CHARTNEXUS® SOFTWARE LICENSE AGREEMENT ::
This software license agreement ("License") constitutes a legal agreement between you and ChartNexus Software Pte. Ltd.("ChartNexus"). This License also describes the software subscription policy governing the add-on modules which is by way of monthly subscription available through ChartNexus®.
Please read carefully this License before installing or running the ChartNexus® software, documentation, video clips (collectively, "Software") and any subscription-based add-on modules such as XPertTrader (hereinafter known as, "Add-ons"). By using the Software and Add-ons, you agree to follow and be bound by the terms of this License. This License governs the use, installation, execution and subscription of the Software and the Add-ons.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE OR THE ADD-ONS.
BY DOWNLOADING, INSTALLING, RUNNING OR EXECUTING THE SOFTWARE OR THE ADD-ONS, YOU AGREE THAT YOU UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE.
1. OWNERSHIP AND LICENSE
ChartNexus owns all rights of the Software and Add-ons, services or software associated with or derived from the Software and Add-ons. You own the media of which the Software and Add-ons are recorded or distributed.
This License grants you a non-transferable, non-exclusive license for personal/individual, home, non-commercial use if you agree and abide by this License. This License allows you to install and use one copy of the Software and Add-ons on a single computer at a time only. Title to the Software and Add-ons shall remain with ChartNexus at all times.
For corporate, educational or instructional purposes or if you are not sure of the permission, please write in to us at firstname.lastname@example.org to obtain the proper licensing permission.
You agree that ChartNexus may audit your use of the Software and Add-ons for compliance with these terms at any time upon notice. In the event that such audit reveals any use of the Software and Add-ons other than in full compliance with the terms of this License, you shall reimburse ChartNexus for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
Your rights under this License will terminate automatically without notice from ChartNexus if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and Add-ons and destroy all copies, full or partial, of the Software and Add-ons.
For license termination in relation to expiration of Add-ons offered by ChartNexus, please refer to the section on SUBSCRIPTION POLICY.
This License is effective until terminated. ChartNexus reserves the right, at its sole discretion to revise or terminate this License at any time without notice to you.
ou may not distribute, market, rent, lease, transfer, export or sub-license to others the Software or the Add-ons. You may not make available the services, including but not limited to charting; or software derived from the Software or the Add-ons over a network where it could be used by multiple computers at the same time. You may download, install and use only one copy of the program designated for use on exclusively one personal computer, notwithstanding as to how many times you download the program and how many times you accept the License. You may make one copy of the Software and the Add-ons for backup purpose only; the copied software is governed by the same License stated herein. You may not make any copies of the Software or the Add-ons to distribute to others.
3. INTELLECTUAL PROPERTY
You agree that ChartNexus owns all Intellectual Property Rights with regards to the Software, the Add-ons and all the services or software associated or derived from the Software and the Add-ons, where Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights.
You may not modify, copy the whole or any part of, distribute, reproduce, adapt, translate, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code from the Software or the Add-ons. You also agree not to remove, obscure or alter ChartNexus' or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Software, the Add-ons, services or software derived from the Software or the Add-ons. You may not in any way to falsify the licensing file and/or or bypass the licensing procedures for the Software or Add-ons.
The Software and the Add-ons may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
4. SUBSCRIPTION POLICY
A subscription of any of the Add-ons, including but not limited to software module, equity data and so on, offered by ChartNexus ("Subscription") is activated upon confirmation of payment and must be used in conjunction with ChartNexus®. You can have more than one Subscription at any given time.
We provide two types of Subscription : (a)monthly renewal (b) one-time fee.
You must ensure that (1) your system requirements are fulfilled and that (2) you have registered for an account (provided for free) before commencing any Subscription with us.
Subscription is non-transferable. Purchase of Subscription is optional but necessary to activate the Add-ons and certain features in the Software. The Software installation package is downloadable with licensing rights as agreed in the section on OWNERSHIP AND LICENSE.
A Subscription entitles you to receive version upgrades (for example, an upgrade from version 1.1 to 1.2) and data updates when and if commercially available, during the Subscription period, for the computer platform and language of the ChartNexus product for which the subscription is originally purchased. ChartNexus shall solely determine what constitutes an upgrade.
Subscription renewals may be purchased at anytime prior to the Subscription expiration date. Upon the renewal of your Subscription, the new subscription period start date will be the date immediately following the date of expiration of your then-current Subscription. Failure to renew your Subscription prior to expiration will result in cancellation of your Subscription. To reinstate a cancelled Subscription, you must re-purchase a Subscription. Your previous settings will be restored upon activation of Subscription.
A one-time fee Subscription has no expiry date and you can use the subscribed Add-on in ChartNexus software indefinitely. An example of this type of Subscription is historical data where you can use it in ChartNexus with no expiry date and it does not require renewal. You may not use the data outside of ChartNexus.
5. ADD-ONS TRIAL
Evaluation of Add-ons ("Trial") is available upon request by contacting us. ChartNexus reserves the right to grant a Trial. ChartNexus reserves the right to deny a Trial if found case of abuse. Trial is available for a 7-day evaluation. ChartNexus reserves the right to change the number of days of Trial without notice. Customers are encouraged to fully evaluate the Software and the Add-ons. Evaluation Subscription is fully functional and technical support is available by contacting us.
6. CANCELLATION AND REFUND
ChartNexus offers a 14-day money-back refund for the Subscription ("Refund") should you find the Add-ons not performing within your expectation or satisfaction. An administrative fee of SGD30 / MYR70 will be deducted from the original subscription amount. If the refund is to be made to a non-Singapore or to a non-Malaysian bank account, an additional Telegraphic Transfer charge of SGD40 will apply. ChartNexus reserves the right to terminate the Refund or to change the number of days for the Refund without notice.
You understand and agree that you download and/or use the Software and Add-ons at your own discretion and risk and that you will be solely responsible for including but not limited to damages relating to lost profits, damages to your computer system or loss of data that results from the download or use of the Software, the Add-ons or the Website and that ChartNexus disclaims any warranties regarding the security, reliability, accuracy, timeliness, and performance. The Software and Add-ons is provided "AS IS", with all faults and without warranty of any kind, and ChartNexus hereby disclaims all warranties and conditions with respect to the Software and the Add-ons, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. No oral or written information or advice given by ChartNexus or any authorized representative of ChartNexus shall create a warranty. ChartNexus may make available updates, enhancements, and/or modifications to the Software and Add-ons, but is under no obligation to do so.
The information and materials available from the Software, Add-ons or the Website, including market data, news, advices, analyses, opinions, recommendations and forum or message postings are provided for general information purposes only. These information and materials must not be relied on or considered as investment advices. The use of these information and materials from the Software, Add-ons or the Website are at your own discretion and risk. ChartNexus is not responsible for any of the contents of the message and forum postings. ChartNexus DISCLAIMS ANY RESPONSIBILITY FROM ANY HARM, FINANCIAL OR OTHERWISE, THAT MAY ARISE FROM YOUR INTERPRETATION OR USE OF THE INFORMATION, MATERIALS AND POSTINGS OF THE SOFTWARE AND THE WEBSITE. The Software and the Add-ons may contain links and references to sites and information located on the Internet. ChartNexus makes no guarantee as to such sites and information, including: (a) the accuracy, completeness or quality of any such sites and information, (b) the continual services or content provided by such sites.
While the market data, graphical representations, charts, news and other materials and information are believed to be accurate, some inaccuracies, errors or mistakes may arise. ChartNexus and its authorized distributors or suppliers disclaim any responsibility from any loss, financial or otherwise, that you may have incurred due to these inaccuracies, errors or mistakes.
8. THIRD PARTY DATA
The Software and the Add-ons contains and uses data licensed by ChartNexus from various third parties suppliers ("Suppliers") including but not limited to Singapore Stock Exchange (collectively "Data").
ChartNexus has been granted the right to distribute Indonesia Stock Exchange-Data by the Indonesia Stock Exchange.
You agree that you will use the Data for your own personal use only. You may not sell, distribute, market, rent, lease or sub-license to others the Data. You agree that your non-exclusive license to use the Data will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Data.
The Data is provided to you "AS IS". ChartNexus and Suppliers make no warranties, express or implied, regarding the accuracy of any Data. ChartNexus and Suppliers are not obligated to provide you with any new enhanced, updated or additional data.
IN NO CASE WILL ChartNexus OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
ChartNexus uses modified icons created by Mark James (http://www.famfamfam.com/lab/icons/silk/). ChartNexus acknowledges and thanks Mark for his kind and generous sharing of the icons.
This License is not assignable or transferable by either party.