END-USER LICENSE AGREEMENT (EULA)
PLEASE CAREFULLY READ THE TERMS OF THE END-USER LICENSE AGREEMENT AS SET OUT BELOW, WHICH IS A LEGALLY VALID AGREEMENT BETWEEN YOU, BEING THE END-USER RECEIVEING AND USING THE SOFTWARE, AND TIGER.TRADE (“EULA”)
BY USING THE TIGER.TRADE TRADING TERMINAL (“SOFTWARE”), INCLUDING DOWNLOADING, INSTALLATION, RUN OR OTHER USE, YOU AGREE TO THE TERMS AND CONDITIONS BELOW FULLY AND UNCONDITIONALLY, WITHOUT RESERVATIONS OR EXCEPTIONS. IF YOU DO NOT ACCEPT ALL TERMS AND CONDITIONS HEREOF, YOU MAY NOT USE THE SOFTWARE.
GRANT OF LICENSE
RESTRICTION OF RIGHTS OF USE
SOFTWARE AS PART OF PRE-RELEASE, TRIAL USE OR FOR DEMONSTRATION PURPOSES
UPDATES AND FUNCTIONALITY ENHANCEMENTS
TECHNICAL SUPPORT AND SERVICE
REMUNERATION, PAYMENT AND REFUND
INTELLECTUAL AND OTHER PROPERTY RIGHTS
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
1.1. This EULA is effective from the moment You agree to consider yourself bound by the terms of this EULA by checking “I accept the terms of the license agreement” and then clicking the “Install” button and installing the SOFTWARE, or from the moment when You download, install, run, or use the SOFTWARE otherwise. Any such action is deemed to be an expression of Your acknowledgment with this EULA, and that You understand its terms and agree to be bound by them.
1.2. If You do not agree with the terms of this EULA, do not use the SOFTWARE, uninstall it, and delete the program files from Your system, as well as delete all copies of the SOFTWARE installation file that You have.
1.3. This EULA is in effect for the entire period You use the SOFTWARE, unless otherwise is set out by this EULA.
1.4. The SOFTWARE is protected by copyright, patent, and trade secret laws. The terms of this EULA may be enforced against You.
1.5. The EULA is available in various languages. There may be controversy or discrepancy between the English version of the EULA and other language versions. For the purposes of uniform understanding and to avoid any ambiguity, in connection with any dispute, claim or proceeding, and for the purpose of interpreting and enforcing the EULA or for other purposes related to the EULA, the English version prevails.
2.1. “TIGER.TRADE” means Tiger Trade AG, a company registered at 75 Baarerstrasse, Zug 6300, Switzerland.
2.2. “Computer” means a specific physical device (computer) or virtual machine that allows you to install the SOFTWARE. Any changes to the configuration or composition of the Computer (including formatting the hard drive and reinstalling the operating system) may result in such Computer being considered as another Computer for the licensing purposes.
2.3. “Intellectual Property Rights” mean all intellectual and industrial property rights and includes the rights to (i) computer software, (ii) copyrights, (iii) designs and industrial designs, (iv) trademarks, service marks, product appearance and similar rights, (v) know-how, information classified as trade secrets and confidential information, (vi) topology of integrated circuits and microcircuits, and (vii) any other exclusive rights.
2.4. “License” means granted to You by TIGER.TRADE the non-exclusive limited right to install and use the SOFTWARE in accordance with the terms of this EULA.
2.5. “SOFTWARE”means the Tiger.Trade Trading Terminal software for servicing trading terminals, including all software components that are embedded in it or can be obtained online or otherwise, including, but not limited to, executable files, help files, demo files, sample files and other files; libraries, databases, examples, related media (images, photos, animation, audio components, video components, etc.), printed materials and other software components.
2.6. “You”, “Your” and “End-user” means and includes any person who has obtained the SOFTWARE for his or her own use, and not for the purpose of subsequent resale, and any actual user of the SOFTWARE.
3.1. Subject to the terms of this EULA, TIGER.TRADE grants You a limited non-exclusive License to install and use the functionality of the SOFTWARE, subject to all prohibitions (restrictions) and the scope of the License that may be provided by this EULA and by the SOFTWARE.
3.2. All provisions specified in this EULA apply both to the SOFTWARE as a whole and to all its individual components. Any questions regarding the scope of Your License shall be construed in favor of the limitations in the scope of Your License.
3.3. You acknowledge that the SOFTWARE is protected against unauthorized copying and unrestricted use, and You acknowledge that all such protection means apply to the SOFTWARE.
3.4. TIGER.TRADE reserves all rights not expressly granted to You under the terms of this EULA. This EULA does not grant You any rights with respect to any TIGER.TRADE trademarks.
3.5. You may use the SOFTWARE worldwide if such use does not violate any mandatory rules of the applicable laws of the country of Your location or residence.
3.6. Any use of the SOFTWARE or its constituent parts outside of or in violation of the terms of this EULA is a violation of TIGER.TRADE's Intellectual Property Rights and is the basis for revoking all rights to use the SOFTWARE granted to You under this EULA.
4.2. Restrictions of Your rights to use the SOFTWARE and the scope of Your License may include (without limitation) the following:
4.2.1. Number of Computers. The License You acquire covers only one Computer on which You can install and use the SOFTWARE.
4.2.2. You may not install the SOFTWARE on Computers owned by legal entities, government agencies or departments or local governments; any commercial use of the SOFTWARE by the above organizations, bodies and departments is prohibited.
4.2.3. Term. Use of the SOFTWARE may be limited for a specific period provided by the License. The SOFTWARE may not be used beyond this period.
4.3. You are not entitled to perform any of the actions listed below or to make possible the execution of such actions by any other persons:
4.3.1. Perform engineering analysis, reverse engineering, parsing, decompilation (i.e. reproduction and transformation of the object code into source code) or other attempts to obtain the source code of the SOFTWARE or any part of it. If it is prohibited by applicable law to restrict such actions, any information obtained in this way may not be disclosed to third parties, unless such disclosure is required by law and such information must be immediately disclosed to TIGER.TRADE. All such information is considered as confidential and as information constituting a trade secret of TIGER.TRADE.
4.3.2. Perform modification, adaptation (including any changes to make the SOFTWARE work properly on Your hardware) or any changes to the SOFTWARE object code, applications and databases contained in the SOFTWARE, other than those provided by the SOFTWARE and described in the relevant documentation.
4.3.3. Correct errors in the SOFTWARE or translating the SOFTWARE without the prior written consent of TIGER.TRADE.
4.3.4. Sublicense, assign or transfer any rights granted to You by this EULA and other rights relating to the SOFTWARE to any other person, or grant permission to copy all or any part of the SOFTWARE to other Computers, unless written permission from TIGER.TRADE has been obtained.
4.3.5. Provide any person who is not authorized to use the SOFTWARE with the ability to access or use the SOFTWARE, including without limitation, access in any multi-user system, virtual environment, or over the Internet.
4.3.6. Remove, modify, or erase any copyright, trademark or patent notices that appear on the SOFTWARE.
4.4. You are responsible for maintaining the confidentiality of the SOFTWARE and any transfer by You of the SOFTWARE is prohibited (for the purposes of this clause 4.4, "transfer" includes, but is not limited to, providing access to third parties, as well as selling, sublicensing, or leasing the SOFTWARE).
5.1. If the SOFTWARE You receive under this License is provided for trial use, has limited or incomplete functionality, or was provided free of charge (“Limited Software”), then this Article 5 applies as long as You do not obtain (acquire) the License for the full version of the SOFTWARE.
5.2. If any provision of this clause conflicts with any other term or provision of this EULA, the corresponding provision of this clause supersedes such other term and condition in respect of the Restricted Software, but only to the extent necessary to resolve such contradictions.
5.3. THE LIMITED SOFTWARE IS PROVIDED TO YOU ON “AS IS” BASIS AND WITHOUT ANY WARRANTY OR ANY INDEMNIFICATION OBLIGATIONS OF ANY TYPE (EXPRESS, IMPLIED, OR STATUTORY). LIMITED SOFTWARE MAY NOT BE THE FINAL SOFTWARE CREATED BY TIGER.TRADE AND MAY CONTAIN BUGS, ERRORS OR OTHER FAULTS THAT MAY LEAD TO SYSTEM AND OTHER FAILURES AND DATA LOSS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NO WARRANTIES APPLY TO THE LIMITED SOFTWARE AND, FOR THE SAKE OF CLARITY, YOU ACKNOWLEDGE THAT TIGER.TRADE MAKES NO WARRANTIES, ASSUMES NO RESPONSIBILITY, AND ASSUMES NO LIABILITY TO YOU, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, UNHINDERED USE AND FITNESS FOR A PARTICULAR USE. IF LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED, THE AGGREGATE LIABILITY OF TIGER.TRADE AND ITS PARTNERS IS LIMITED TO THE AMOUNT OF 50 (FIFTY) US DOLLARS OR THE AGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE (WHICHEVER IS MORE).
5.4. The Limited Software may have limited functionality, such as having functionality for a limited period of time, and upon expiration of an authorized period of time (“time-out”), Your access to the Limited Software and Your ability to use it may be suspended. Upon reaching the time-out, Your EULA rights will expire, unless You obtain a new License from TIGER.TRADE.
6.1. If the SOFTWARE is labeled with “Update” or “Enhanced Functionality” mark, then restrictions placed on Your rights to use the SOFTWARE and the scope of Your License may include (without limitation) the following:
6.1.1. You must have a License for a previous version (in case of update) or renewal rights (in case of enhancement of functionality) of the SOFTWARE designated by TIGER.TRADE as SOFTWARE for which such an update or enhancement of functionality has been released for it to be used.
6.1.2. SOFTWARE that is labeled with “Update” or “Enhanced Functionality” mark replaces or modifies the product that was the basis for Your eligibility for the relevant update or feature enhancement.
6.1.3. You may use the resulting updated or enhanced product only in accordance with the terms of the EULA accompanying such update or enhancement.
6.2. If the SOFTWARE is labeled with the “Update” mark, You acknowledge that any obligation that TIGER.TRADE may be bound by, which implies support for the corresponding version of the updated SOFTWARE, will cease from the moment that the corresponding update is no longer available.
7.1. TIGER.TRADE may provide You with technical support, service, or professional services from TIGER.TRADE in connection with the SOFTWARE (“Support Services”), where TIGER.TRADE has the appropriate capacities.
7.2. Any additional code, information and any SOFTWARE component provided to You as part of the Support Services are considered part of the SOFTWARE and are subject to the terms of this EULA.
8.1. Except for the Limited Software, the SOFTWARE provided under this EULA is provided on a pay-back basis. The remuneration under this EULA is the License price set by TIGER.TRADE and indicated on the page: https://www.tiger.trade/prices. To purchase a License, You can use one of the offered payment methods after clicking the "Buy now" button under the selected License.
8.2. You cannot change the License after the order processing has been completed. You can, however, return the License. To apply for a refund and receive the remainder of the License price (in proportion to the remaining period of use before the refund date), You need to provide TIGER.TRADE with the following information at firstname.lastname@example.org: Your username and email address, the date of Your purchase and the reasons for the return. TIGER.TRADE processes return requests within 5-10 business days. Once a refund has been made, a confirmation email is sent and the date that such email is sent is considered the date of the respective refund.
8.3. In the event of termination of this EULA in accordance with Article 14.2 or otherwise due to Your fault, the price of the License paid by You will not be refunded.
9.1. No proprietary or exclusive rights in any Intellectual Property Rights of TIGER.TRADE (including the SOFTWARE and any patents, trademarks, or copyrights of TIGER.TRADE) are transferred to You. You may not, in any way, whether during or after the EULA, use or claim that You have any right to any name, logo, trademark, industrial design or utility model, which are owned by TIGER.TRADE, or to any name, logo, trademark, industrial design or utility model that is similar.
9.2. The SOFTWARE contains valuable information constituting a trade secret and confidential information owned by TIGER.TRADE and is protected by copyright laws, including, without limitation, the laws of the Russian Federation, the norms of international agreements and the applicable laws of the country in which the SOFTWARE is used or where it was received.
9.3. All property and proprietary rights in content that is not contained in the SOFTWARE, but which can be accessed using the SOFTWARE, belong to the respective content owners and may be protected by applicable copyright and other intellectual property laws and international treaties. This EULA does not grant you any Intellectual Property Rights.
10.1. UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS ARTICLE 10 (DISCLAIMER OF WARRANTIES), AND EXCLUDING ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR CLAIMS THAT CANNOT BE EXCLUDED OR LIMITED BY THE LAW APPLICABLE TO EULA, SOFTWARE, INCLUDING, WITHOUT RESTRICTIONS, UPDATES, EXTENSIONS AND ADDITIONS ARE PROVIDED TO YOU ON “AS IS” BASIS AND TIGER.TRADE DOES NOT PROVIDE ANY WARRANTIES OR REPRESENTATIONS AND DOES NOT REPRESENT ANY CONDITIONS OR REQUIREMENTS (EXPRESS OR IMPLIED, WHETHER BY VIRTUE OF LAW, COMMON LAW, BUSINESS CUSTOMS, PRACTICE OR OTHERWISE) IN RELATION TO ANY MATTER OR CIRCUMSTANCE, INCLUDING, WITHOUT LIMITATION, ANY GUARANTEES OF NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, MARKETABILITY, INTEGRITY, GOOD QUALITY OR SUITABILITY FOR A PARTICULAR USE, OR THAT THE SOFTWARE WILL NOT HAVE ANY ERRORS OR WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL WORK AS EXPECTED IN CONJUNCTION WITH ANY OTHER SOFTWARE OR HARDWARE.
10.2. TIGER.TRADE DOES NOT AND CANNOT GUARANTEE THE PERFORMANCE OR RESULTS THAT YOU CAN OBTAIN USING THE SOFTWARE. YOU YOURSELF BEAR ALL RISKS RELATED TO THE QUALITY AND OPERATION OF THE SOFTWARE. FURTHERMORE, TIGER.TRADE MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THIRD PARTY SOFTWARE PRODUCTS THAT MAY BE PROVIDED WITHIN THE SOFTWARE.
11.1. TIGER.TRADE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY DAMAGE, INTERRUPTIONS IN WORK, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, ETC., CLAIMS OR EXPENSES OF ANY NATURE, OR ANY INDIRECT, INDIRECT, SECONDARY, SPECIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS OR LOST REVENUE AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE OR ANY DAMAGE CAUSED BY POSSIBLE ERRORS OR DEFECTS IN THE SOFTWARE, EVEN IF TIGER.TRADE WAS AWARE OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR EXPENSES, AND TIGER.TRADE IS NOT RESPONSIBLE FOR THE PRESENTATION OF ANY CLAIMS BY THIRD PARTIES.
11.2. THE ABOVE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE APPLICABLE JURISDICTION. TIGER.TRADE'S AGGREGATE LIABILITY FOR AND IN CONNECTION WITH THE SOFTWARE IS LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID FOR THE SOFTWARE (IF ANY).
12.1. You agree that You may not export or re-export the SOFTWARE in violation of any export regulations contained in the laws of the country in which such SOFTWARE was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited by the applicable law from receiving the SOFTWARE.
13.1. If the SOFTWARE was obtained in any member state of the European Union or Switzerland, this EULA will be governed by and construed in accordance with the laws of Switzerland.
13.2. If the SOFTWARE was obtained in Russia or any other CIS country, this EULA shall be governed by and construed in accordance with the laws of the Russian Federation.
13.3. If Article 13.2 applies, and You are an individual entrepreneur (being a person who carries out activities without forming a legal entity or any partners and who is independently responsible for all actions taken by him within the framework of the relevant activities), then all disputes related to this EULA, are subject to the exclusive jurisdiction of the Moscow Commercial (Arbitrazh) Court (Russian Federation). If Article 13.2 applies and You are an individual, then all disputes relating to this EULA are subject to the exclusive jurisdiction of the Butyrskiy District Court of Moscow (Russian Federation).
13.4. If the SOFTWARE was obtained (purchased) in any country other than those countries specified in Articles 13.1 – 13.2, this EULA shall be governed by and construed in accordance with the laws of Switzerland, unless otherwise provided by the mandatory rules of the laws of the country, from which You received (purchased) the SOFTWARE.
14.1. Unless otherwise provided by this EULA, this EULA is effective indefinitely from the date You first express Your consent, as stated at the beginning of the EULA, or for as long as permitted by the applicable law. Where the applicable law requires the specification of a specific term for this EULA, this EULA will remain in effect for the longest possible period, but in any event at least as long as the SOFTWARE copyright is in effect, in which case this EULA will automatically terminates without sending additional notice from the moment of expiration of such period.
14.2. Without prejudice to any other rights, TIGER.TRADE may terminate this EULA if You fail to comply with the terms of this EULA. In such event, You will be obliged to destroy all copies of the SOFTWARE and all its component parts and remove the SOFTWARE from Your Computer.
14.3. You may terminate this EULA by destroying all copies of the SOFTWARE and all its component parts and removing the SOFTWARE from Your Computer.
14.4. Such termination does not relieve You of Your obligation to pay the fee for the SOFTWARE License. The definitions and clauses 4, 8–14 continue to be in effect after termination or expiration of this EULA, regardless of the reason for this, which, however, does not imply or create any continuing right to use the SOFTWARE after termination or expiration of the term of this EULA.
15.2. In case of any claims or orders against You in connection with Your use of the SOFTWARE, You must immediately notify TIGER.TRADE in writing about them within 3 business days from the moment You become aware of them.
15.3. You are obliged to take all necessary actions in order for TIGER.TRADE to be able to take part in the relevant proceedings or hearings or to assume the functions of defense against the specified claims or claims in courts or arbitration courts, and You are also obliged to provide TIGER.TRADE with full cooperation and provide all information that TIGER.TRADE deems to be useful or necessary to defend its position or settle related claims or claims, immediately (and in any case no later than within 7 days) after receiving a relevant request from TIGER.TRADE.
15.4. If any part of this EULA is held void or unenforceable, this will not affect the validity of the remainder of the EULA, which will remain valid and enforceable under its terms.
BY ACCEPTING THIS EULA, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THE EULA SET FORTH ABOVE, AND ACKNOWLEDGE THAT BY USING THE SOFTWARE, I AGREE TO THE TERMS OF THE EULA AND UNDERTAKE TO BE BOUND BY THOSE TERMS.