End-User License Agreement (EULA)
License Terms and Conditions AzurITEC
This software is distributed under Commercial License version 5.1 February 05, 2018
Copyright (c) 2013 – 2018 Azur Investment Technologies, sas. All rights reserved.
Please read this License carefully before downloading and/or installing this software.
END-USER LICENSE AGREEMENT For Ninja-Addons softwares
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Azur Investment Technologies sas End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Azur Investment Technologies sas for the Ninja-Addons Technical Indicators for NinjaTrader software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Azur Investment Technologies sas, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use: Azur Investment Technologies sas grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed Windows 7, Windows 8/8.1 and Windows 10.
(b) Backup Copies: You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) Maintenance of Copyright Notices : You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution : You must not distribute registered copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly : You must not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental : You must not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services : Azur Investment Technologies sas may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws : You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under rover compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.
3. NO WARRANTIES
Azur Investment Technologies sas clearly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Azur Investment Technologies sas does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Azur Investment Technologies sas makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Azur Investment Technologies sas further disclaims any warranty or representation to Authorized Users or to any third party.
4. LIMITATION OF LIABILITY
In no event shall Azur Investment Technologies sas be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if Azur Investment Technologies sas has been advised of the possibility of such damages. In no event will Azur Investment Technologies sas be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Azur Investment Technologies sas shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
5. FULL RISK DISCLOSURE
FUTURES TRADING CONTAINS SUBSTANTIAL RISK AND IS NOT FOR EVERY INVESTOR. AN INVESTOR COULD POTENTIALLY LOSE ALL OR MORE THAN THE INITIAL INVESTMENT. RISK CAPITAL IS MONEY THAT CAN BE LOST WITHOUT JEOPARDIZING ONE’S FINANCIAL SECURITY OR LIFE STYLE. ONLY RISK CAPITAL SHOULD BE USED FOR TRADING AND ONLY THOSE WITH SUFFICIENT RISK CAPITAL SHOULD CONSIDER TRADING. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.
6. CFTC RULE 4.41
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
1. Definitions. This license “AzurITEC Commercial License version 4.0” (or a later version thereof) applies to any program or other content that the company Azur Investment Technologies sas and Ninja-Addons.com made available to the public free or not, on its website, outside content specified under the GNU GPL license.
As stated in this License:
2. “We”, “the Company” or “Website” means the company Azur Investment Technologies, sas – sas capital of 5000€ – RCS Frejus 799 879 267 – or Ninja-Addons.com commercial website used to sell or publish financial contents.
3. “You” or “Your” means an individual or a legal entity exercising rights under this License. For legal entities, “You” or “Your” includes any entity which controls, is controlled by, or is under common control with, You, where “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
4. “Personal Use” means use of binary code by an individual solely for his or her personal, private and non-commercial purposes. An individual’s use of binary Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.
5. “Software”, “Executable” or “Binary Code” means the final executable code obtained after compilation process by Azur Investment Technologies, sas as opposed to “Source Code”.
6. “Source Code” means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (binary code).
7. “Package” means an executable compressed archive containing resources like binary code, source code, pdf and other kind of files that we consider useful to install on your computer during the installation process.
8. “Stable version” means a release without any major bug known questioning the overall operation of the software.
9. “Update” means latest stable version developed by the company Azur Investment Technologies, sas, adding new features and/or a patch following the detection of a bug or malfunction.
10. “Machine ID” is a calculated identifier by the NinjaTrader platform, based on the particular hardware configuration of the computer. The MachineID is not unique, but the probability of having two computers with the same hardware configuration is very low.
1. Governing Law: The use of the Web Site Ninja-Addons.com and its content shall be governed by all applicable French legislation.
2. Dispute Resolution: Any litigation or other dispute resolution between You and Us relating to this License shall take place in France, and You and Us hereby consent to the personal jurisdiction of, and venue in, French courts with respect to this License.
3. Maximum amount of damages: Should the applicable law hold the company Azur Investment Technologies, sas, its owners or any party affiliated with it liable for damages, the maximum amount of damages acknowledged shall be no higher than Five Euros.
4. Entire Agreement: Governing Law. This License (in its French version) constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of France.
5. License Translation: The English version of this license is made only for translation purpose. The only valid license is the French version that you can get on simple demand at email@example.com
IV. Restrictions of Use - Return Policy
1. Ninja-addons.com contains copyrighted material which is owned by the company Azur Investment Technologies, sas including but not limited to: indicators, systems, strategies, software code, methodologies, techniques, trademarks, brand names, graphics, logos, PDFs and or any trading manuals. If You, as a customer, have purchased any materials from Ninja-Addons.com, you are forbidden from republishing, sharing, copying, selling, licensing, uploading, rebranding, unlocking or reproducing them. Any purchase of any software code or trading manuals, may not be incorporated into any competitor’s product code, website, or trading systems or strategies without our written warranty.
2. Delivery : Ninja-Addons.com will send an e-mail within the period of 48 hours of working day, provided that a valid email address and “NinjaTrader Machine ID” is received. During this time period, you can exercise your right of withdrawing the purchase of our product as defined in Chapter 3.3. In the event that the e-mail address and/or “NinjaTrader Machine ID” is invalid, the delivery may be delayed and/or the Ninja-Addons.com and Azur Investment Technologies, sas will not be liable.
3. Cancellation: You have the possibility to exercise your right of withdrawal without any reason or incurring penalty if product delivery has not begun. You cannot exercise your right of withdrawal when product delivery has started, which means the transaction is final. We emphasize that in accordance with the European Directive on consumer rights, particularly Article 16 section m, which states that “Member States do not provide the right of withdrawal (…) in terms of distance contracts (…) in relation to the following: the supply of digital content not supplied on a tangible medium if the performance has begun with the express prior consent of the consumer, which also acknowledged that he will lose its right of withdrawal.”. Therefore, by downloading the software, you acknowledge that you lose your right of withdrawal and no refund will be granted.
4. All software sales are final. We provide for each indicator, a Trial version of 14 days non-renewable. This version is the same as the paid version. After this trial period you are free to purchase the software or not. If you do not, you agree to uninstall all files, binary code and other resources contained in the installation package using the uninstaller provided by Ninja-Addons.com.
5. You shall not retain any copy of the content of the archive and you understand that after disabling your trial license, the use after the trial period is illegal and may have adverse effects on NinjaTrader platform and more widely in your trading. Azur Investment Technologies, sas cannot be held responsible for any subsequent financial loss if the expired trial version is used.
6. If after the trial period, you are satisfied and want to buy the software, you accept the fact that there is no return or credit possible, once the order is placed on the website and your credit card has been debited. You cannot return the product and request for a refund once we have provided the software and copyrighted material, as you can easily make a copy, which is illegal. Once you have ordered and your payment is received, all sales are final, whether or not you tried the sofwtare in its Trial version first.
7. License Authentication: To protect our software from illegal copying and unauthorized use, we perform a license authentication using the “NinjaTrader vendor Licensing”, as well as our own license manager on our server. This means that checking our license server will be performed each time you use our software. Personal information provided during this audit are your “NinjaTrader MachineID”, and your IP address. This means that an Internet connection is required to use our software. However, be aware that the fact of not having an Internet connection cannot constitute a valid reason for a refund. We remind you that a free trial period is available for every sofware.
8. Change of Machine ID: Each software is sold for a single end user, the use of which must be on a single computer. The MachineID provided when the software was purchased is the basis for the protection of our software, and is an effective way to limit the use to one and the same person. However, MachineID is based on the hardware configuration, and given the fact that the hardware may change, we allow a single change of MachineID per user, per calendar year. This is to prevent the resale of our software to a third party or any other use not in accordance with section 3.1. Beyond one change by calendar year, we exceptionally authorize an additional change. In this case, the company Azur Investment Technologies, sas reserves the right to request a processing fee given the degree of customization of the protection of our software, the time spent and the risk of seeing our product counterfeit.
9. Other Cost: The cost of the software or content in our website is limited to the content in the archive sent to the customer after the payment confirmation. In addition, the internet subscription, purchase or rental of NinjaTrader software or any other expenses related directly or indirectly to the use of our software is not inclusive fo the cost. These expenditures are expected in addition to the user and cannot be claimed to the company Azur Investment Technologies, sas or Ninja-Addons.com.
V. Software Products, Guarantees and Limitations
1. This software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the company Azur investment technologies or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
2. Guarantee: If for any reason the files of any software are found to be defective within 48 hours after downloading the software, Ninja-Addons.com replaces any corrupt software and works with the purchaser to resolve any issues. If we cannot resolve on our end, the purchaser will have to contact NinjaTrader software support and have them look at their trace and log files to fix the problem. Sometimes there could be a conflict with the user’s computer settings that may cause an issue. If after checking with NinjaTrader to resolve the issue and you are still unable to use our software, we will refund the purchase provided that you will agree to uninstall the software or content as described in Section 3.3. All costs incurred shall, however, be borne by the user.
3. Performance: The customers must determine to their extent, the use of the software and if it’s suitable to their level of trading. There are no warranties, guarantees or promises of any kind as to their performance, in present or future, as each trader has a different level of expertise. In no event shall Ninja-Addons.com and/or the company Azur Investment Technologies, sas be accountable for any or all financial losses or costs from the use of any of our software.
4. Versions: Some software are available in different versions according to the needs of each. Prices are calculated based on the features available in each version.
5. Free Update: We will provide every major and minor updates of the software (as defined in section 1.9) for free. In each update, the user will receive an email from the address provided in its profile, with a link to download the latest version and if necessary, the instructions to perform this update.
6. Support: We will provide technical support to our customers. The support means installing, uninstalling, setting, answering to various questions about the operation in the strict sense of the software and the various exchanges on any bug or software malfunctions. All matters relating to advice on trading and/or financial investment or even questions about our view on the evolution of one or more financial instruments are excluded from the scope of support. We guarantee a response within 72 hours of working days for each support request. Support is provided via e-mail, and exceptionally by Skype. We do not provide phone support.
7. Limitation: The company Azur Investment Technologies, sas is not intended nor have the permission to give financial advice nor do portfolio management for third parties. If, despite all our precautions, you read, understand, or interpret in our responses or on our web site, any tips or advice for trading in a broad sense, we strongly advise you not to follow it and not take it into account. Otherwise, you will be solely responsible of the consequences, may it be good or bad. We cannot be held responsible in any manner whatsoever for the results.
1. Trial Period : Ninja-Addons.com has developed a Trial version for most software. These versions are the same as paid versions, to try and get the idea of the usefulness of the software. We strongly recommend downloading the Trial before you purchase the paid version to avoid compulsive shopping. Please be advised that we do not make any refund once the paid version is purchased. During the trial period of consecutive 14 consecutive days (Sundays and holidays included), you are free to use the software for personal use and the restrictions described in Section 3. After this trial period you are free to buy the software or not. In any case, you agree to uninstall all files, binary code and other resources contained in the package using the uninstaller provided in the installation package.
2. Life Time License: Paid versions of our software are called “LifeTime” versions, ie the license and the rights granted hereunder will apply for a period of 10 years after the purchase (invoice date serves as referral). Azur Investment Technologies will maintain the licensing server during the Lifetime period so there is no interruption of service. After this period, Azur Investment Technologies is free to stop the licensing server implying an interruption of the use of the software. At any time during this period, Azur Investment has the right to terminate the license as described in section 5.3.The lifetime is a final sale and can’t be refund for any reason at any time.
3. Termination: All sales are final and the buyer can not ask for a cancellation or a refund as described in section 3.6. However, the company Azur Investment Technologies, sas reserves the right to terminate your license at any time, without refund, if unusual activity is detected. Unusual activity is described in section 3.1 and in particular but not only, the unlocking, deobfuscation and/or decompile, reverse engineering, or any other attempt to bypass the protection implemented in our software, whether for personal use, free trade or resale. Before proceeding with the termination, the company Azur Investment Technologies, sas will contact you by e-mail to notify and request you to stop. If, despite this, we detect an unusual activity again, we will terminate your license so that you can no longer use our software. We reserve the right to sue you for copyright infringement. Non-receipt of the notification e-mail is not a valid reason to cancel the termination.
4. Zero Bandits Tolerance: If you do as much as imply that you are encouraging people to use illegal or unofficial copies of software, your license will be terminated without prior notice, as noted above. Respect the work of others and we’ll respect you. If you don’t and act as a bandit, you’ll be treated as one.
5. Zero Hate Speech Tolerance: If you express hate speech against any member of our staff or a third person – including but not limited to derogatory comments about their gender, age, disabilities, ethnicity or religion – in any communication to Azur Investment Technologies, sas or Ninja-addons.com over any medium – including but not limited to the contact form on website, email, phone, letter – or communication referring to Azur Investment Technologies, sas or Ninja-addons.com to any publicly accessible medium – including but not limited to social media and third party forums – we reserve the right to terminate your license without refund and without any prior warning.
Copyright (c) 2013 – 2018 Azur Investment Technologies, sas. All rights reserved.