END-USER LICENSE AGREEMENT (EULA)

IT IS NECESSARY THAT YOU READ THIS EULA BEFORE USING THIS SOFTWARE! BY USING THE SUPPLIED SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND ALL RIGHTS AND RESTRICTIONS DESCRIBED IN IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS IS THE SOLE EULA BETWEEN FOREX METASOFT AND YOU, AND SUPERSEDES ANY PROPOSAL OR AGREEMENT ORAL OR WRITTEN BETWEEN US RELATING TO THE SUBJECT MATTER.

Forex MetaSoft is a software business in the state of Queensland, Australia. All proprietary names used in the SOFTWARE are trademarks of Forex MetaSoft and its partners. Forex MetaSoft, its partners, subsidiaries, affiliates, officers, employees, suppliers, and agents will be referred to from hereon as: "FMS". FMS is not, and is not to be considered to be, an employer, contractor, employee, or agent for any party who accesses the SOFTWARE.

This document (from hereon called "AGREEMENT") is a legal AGREEMENT between FMS and you (either an individual or an single entity), as purchaser, as leasor, or as anyone on a user-pay scheme (from hereon called: "CUSTOMER") of the SOFTWARE accompanying this AGREEMENT, which may include associated media, documentation, other printed materials and/or any "online" or electronic documentation (from hereon called: "SOFTWARE").

This AGREEMENT shall constitute the complete and exclusive AGREEMENT between FMS and the CUSTOMER, notwithstanding any variance with any purchase order or other written instrument submitted by the CUSTOMER. The terms and conditions contained in this AGREEMENT may not be modified except in a writing duly signed by the CUSTOMER and FMS. Any and all unresolved disputes relating in any way to, or arising out of, the SOFTWARE, the CUSTOMER's use of the SOFTWARE or this AGREEMENT shall be submitted to arbitration in the State of Queensland, Australia (which laws will apply); except that, to the extent that the CUSTOMER has breached or has indicated the intention to breach this AGREEMENT in any manner which violates or may violate FMS�s intellectual property rights, or may cause continuing or irreparable harm to FMS (including, but not limited to, any breach that may impact FMS 's intellectual property rights, or a breach by reverse engineering), FMS may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. Any arbitration of a dispute under this AGREEMENT shall be conducted under the rules then prevailing of the Australian Arbitration Commission. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded, will not govern this AGREEMENT.

The development and supply of the SOFTWARE is strictly subject to FMS�s terms and conditions. Installing the SOFTWARE, receiving the CUSTOMER�s periodic Access Code payment (when applicable) or the request for future updates and a periodic Access Code (when applicable) shall be evidence that the CUSTOMER is assenting to abide by all terms and conditions of this AGREEMENT, and the CUSTOMER agrees to be bound by all terms and conditions of this AGREEMENT. If the CUSTOMER does not wish to accept the SOFTWARE under the terms and conditions of this AGREEMENT, the CUSTOMER needs to inform FMS of this decision and delete all copies of the SOFTWARE from its computer(s). No refund will be made for any paid term for which an Access Code has been issued (when applicable).

The SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), is a proprietary product of, and owned by, FMS and is protected under copyright law and international copyright treaty provisions. All title, ownership, rights, intellectual property rights, copyrights, and all rights not expressly granted in and to the SOFTWARE and any copy there of, are owned by, and shall remain with, FMS.

The CUSTOMER acknowledges and agrees that FMS does not make any representation or guarantee regarding how this SOFTWARE may perform now or in the future, nor will this SOFTWARE guarantee profits for the CUSTOMER. The SOFTWARE is not to be construed as an offer to buy or sell any currencies, commodities, or metals - or currency, commodities, or metal options - nor does anything in the SOFTWARE and this AGREEMENT constitute advice. Good trading procedures dictate that the CUSTOMER should test the SOFTWARE thoroughly on demo accounts before relying on it. The CUSTOMER accepts to assume the entire risk of using the SOFTWARE.

To the maximum extent permitted by applicable law, in no event shall FMS be liable for any special, consequential, incidental, direct, indirect, special, punitive, actual or other damages, regardless of type whatsoever (including, without limitation, damages for any injury to person or property; damages for loss of profits; business interruption; loss of business information; for loss of provacy for failure to meet any duty including of good faith or of reasonable care; for negligence; costs and attorneys' fees from any claim or demand made by any third party due to or arising out of the CUSTOMER's use of the SOFTWARE and use of the support services or the infringement by the CUSTOMER, of any intellectual property or other right of any person or entity; and for any pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE, whether based on contract, tort, negligence, strict liability or otherwise, even if FMS has been advised of the possibility of such damages, or for any claim by any other party. This exclusion of damages shall be effective even if any remedy fails of its essential purpose. The CUSTOMER hereby releases FMS from any and all liability arising from or related to all claims concerning the SOFTWARE or its use. The disclaimers and limitations set forth above will apply regardless of whether the CUSTOMER accepts the AGREEMENT and the SOFTWARE.

The CUSTOMER acknowledges that success depends upon the CUSTOMER�s ability to utilize the information, data, charts and techniques displayed using this SOFTWARE. It is the CUSTOMER's responsibility to use the results and analysis of the SOFTWARE responsibly. Since currency trading involves substantial risk, only those who are fully prepared to assume this risk and consequences thereof should consider trading. The CUSTOMER assumes all responsibility for the selection and the settings, including the default settings (if any), of the SOFTWARE to achieve the intended results, and for the installation, use, and results obtained from the SOFTWARE. The CUSTOMER cannot sue FMS for anything that goes wrong with this SOFTWARE. If the CUSTOMER thinks this SOFTWARE is responsible for any computer problems, just uninstall it.

When a periodic Access Code fee is agreed upon FMS will timely issue a request for payment. The CUSTOMER shall be responsible for such payment. A new Access Code will be issued upon receipt of the CUSTOMER's payment which allows the CUSTOMER to operate the SOFTWARE for a set period of time only, starting from the month following the previous paid access term until and including the last day of the month of the paid term.

The SOFTWARE may be used or copied only in accordance with the terms and conditions of this AGREEMENT. It is against the law to copy the SOFTWARE except as specifically allowed in this AGREEMENT. If this SOFTWARE contains documentation that is provided only in electronic form, the CUSTOMER may print one copy of such electronic documentation. No part of the SOFTWARE and documentation may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or information storage and retrieval systems, for any purpose other than the CUSTOMER's personal use, without the express written permission of FMS. The CUSTOMER agrees not to export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE to any country, person or entity. Any modifications made to the SOFTWARE does not give the CUSTOMER the right of ownership over the Intellectual Property, and this AGREEMENT does still apply in such case. This AGREEMENT shall also apply to any copy of the SOFTWARE and documentation made by the CUSTOMER in accordance with this AGREEMENT.

The SOFTWARE has been designed using a wide variety of sources, which FMS, to the best of its knowledge and belief, considers accurate. FMS provides the SOFTWARE "as is" and with all faults, and hereby disclaims all other warranties and conditions of any kind, either express, implied or statutory, including but not limited to any (if any) implied warranties, duties, or conditions of or related to merchantability, fitness for a particular purpose, accuracy or completeness of responses, results, non-infringement, performance, quality, lack of viruses, and lack of negligence or lack of workmanlike effort. Also, there is no warranty, duty, or condition of title, of quiet enjoyment, quiet possession, correspondence to description, or of non-infringement. The entire risk arising out of the use or performance of the SOFTWARE is with the CUSTOMER.

The CUSTOMER will have certain rights to use the SOFTWARE after acceptance of this AGREEMENT. The CUSTOMER's rights and obligations with respect to the use of this SOFTWARE are as follows:

This AGREEMENT grants the CUSTOMER a non-exclusive, non-transferable license to install, use, access, display, run, or otherwise interact with ("RUN") copies of the SOFTWARE on the CUSTOMER's computer(s) or workstation(s) owned or controlled by the CUSTOMER, which may not be accessed by any other computer(s). The CUSTOMER may only use the SOFTWARE for private, non-commercial use. The CUSTOMER may not use the SOFTWARE in any way to provide, or as part of, any commercial service or application. The SOFTWARE may embody a serial copying management system. The CUSTOMER may not circumvent or attempt to circumvent this system by any means. The CUSTOMER may transfer the SOFTWARE from one COMPUTER to another.

The CUSTOMER must maintain all copyright notices and AGREEMENT files with the original copy of the SOFTWARE. The CUSTOMER may not permit other individuals to use the SOFTWARE. The CUSTOMER may not disclose the Access Code(s) (when applicable) to any other individual. These Information Sources are identical to a password and its confidentiality must be protected. The CUSTOMER may not publish, transmit, retransmit, distribute, redistribute, copy or otherwise reproduce any or all of the SOFTWARE in any format to third parties, and shall not use any information contained in the SOFTWARE in connection with any business or commercial enterprise, including without limitation, any currency, investment, accounting, banking, legal, or media business or enterprise. The CUSTOMER agrees not to use, or permit anyone else to use, any information received from the SOFTWARE for any unlawful purpose. The CUSTOMER may not separate the SOFTWARE into its component parts for use in other SOFTWARE. When the SOFTWARE is supplied in the form of an executable file the CUSTOMER may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the SOFTWARE, or create derivative works from the SOFTWARE. The CUSTOMER may not sell or rent or lease or lend or sublicense the SOFTWARE or any portion of the SOFTWARE. The CUSTOMER may not permanently transfer all or part of its rights under this AGREEMENT. The CUSTOMER is not allowed to receive any payment or other compensation for transferring the SOFTWARE or part thereof for this and/or any earlier versions of the SOFTWARE. The CUSTOMER may not use a previous version or copy of the SOFTWARE after receiving an upgraded version as a replacement of the prior version.

FMS may provide the CUSTOMER with support services related to the SOFTWARE, in its discretion. Use of support services, if any, is governed by FMS 's policies. Any supplement SOFTWARE and Access Code provided to the CUSTOMER as part of support services (when applicable) shall be considered part of the SOFTWARE and subject to the terms and conditions of this AGREEMENT. With respect to technical information the CUSTOMER provides to FMS as part of the support services, FMS may use such information for its business purposes in accordance with FMS 's CONFIDENTIALITY STATEMENT, including for product support and development. FMS will not utilize such technical information in a form that personally identifies the CUSTOMER except to the extent necessary to provide the CUSTOMER with support.

This AGREEMENT is effective upon the CUSTOMER installing and using the SOFTWARE and shall continue until terminated. FMS may terminate this AGREEMENT by offering the CUSTOMER a superceding AGREEMENT for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning the CUSTOMER's continued use of the SOFTWARE or such replacement, modified or upgraded version on acceptance of such superceding AGREEMENT. In addition, FMS may terminate this AGREEMENT by notifying the CUSTOMER that continued use of the SOFTWARE is prohibited. In the event that FMS terminates this AGREEMENT, the CUSTOMER must immediately stop using the SOFTWARE and erase the SOFTWARE files from the CUSTOMER's computer(s). The CUSTOMER shall be responsible for payment of any fees incurred and the Access Code fee for the month in which the termination occurred. Non-payment of outstanding fees will result in the termination of this AGREEMENT, and the terms and conditions of this contract will apply until the CUSTOMER has paid all outstanding fees. Deleting the SOFTWARE from the CUSTOMER's systems does not relieve the CUSTOMER from the duty to pay all outstanding fees (if any). Termination of this AGREEMENT does not eliminate any prior failure on the CUSTOMER's part to comply with any terms and/or conditions of this AGREEMENT.

FMS reserves the right to replace, modify, upgrade the SOFTWARE, or advise the CUSTOMER as to how to operate the SOFTWARE so as to achieve the best functionality, at any time by offering a replacement, modified version, upgrade of the SOFTWARE, or such advise (from here on called: "UPGRADE") and to charge for such UPGRADE. Any such UPGRADE to the SOFTWARE offered to the CUSTOMER by FMS shall be considered part of the SOFTWARE and subject to the terms and conditions of this AGREEMENT. In the event that FMS offers an UPGRADE to the SOFTWARE, the CUSTOMER's continued use of the SOFTWARE is conditioned on the CUSTOMER's acceptance of such UPGRADE to the SOFTWARE. Although FMS uses encryption technology to provide security for the update process, FMS is not responsible for the failure of such security measures. This AGREEMENT does not grant the CUSTOMER any right to any enhancement or update.

In the event that the CUSTOMER is an entity that merges with another entity or are acquired by another entity during the term of this AGREEMENT, the CUSTOMER shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made. If FMS does not consent to assignment of this AGREEMENT to the new or acquiring entity in such merger or acquisition, FMS may terminate this AGREEMENT on thirty (30) days� written notice. Both parties shall perform under this AGREEMENT until such termination is effective.

FMS reserves the right to change this AGREEMENT at any time by revising the terms and conditions herein without notice. The CUSTOMER is responsible for regularly reviewing these terms and conditions. Continued use of UPGRADES shall constitute the CUSTOMER's acceptance of such changes.

Should the CUSTOMER have any questions, comments, or if the CUSTOMER desires to contact FMS for any reason, please contact us at the address below.

All trademarks and trade names referenced herein and in the SOFTWARE belong to their respective companies.

Our mail address:         

Forex MetaSoft 170 Hargreaves Avenue CHELMER Qld 4068 Australia   support@forexmetasoft.com

email:                          

Copyright © 2006/2010 Forex MetaSoft

All rights reserved.

Version 2.4 - 2010.09.27