This is a legal and enforceable contract between you as the individual, the company or the legal entity that will be utilising the software (referenced below as “You” or “Your”) and OptionNET LLP ("OptionNET"). By installing the software, you are agreeing to be bound by and accept all the terms of this License Agreement. By clicking “I agree” or otherwise indicating assent electronically, or loading the software, you agree to all the terms and conditions of this License Agreement. If you do not agree to all the terms and conditions of this License Agreement, click the “Cancel” button or otherwise indicate refusal, make no further use of the software and contact OptionNET for information on how to obtain a refund.
OPTIONNET LICENSE AGREEMENT – OptionNET Explorer
1. GRANT OF LICENSE TO USE. The OptionNET Explorer product, data and documentation that accompany this License Agreement is referred to herein as "SOFTWARE." After your acceptance of this License Agreement OptionNET grants to you as an individual, a personal, non-exclusive, non-transferable license to use the SOFTWARE for the sole purpose of designing, developing, and testing your options strategies during the SERVICE PERIOD. The SERVICE PERIOD shall be the period for which you have obtained the rights to use the SOFTWARE as described in this License Agreement. OptionNET grants to you the limited right to use only one copy of the SOFTWARE on a single computer at a time in the manner set forth in this License Agreement. If you are an entity, OptionNET grants you the right to designate one individual within your organization to have the right to use the SOFTWARE in the manner provided above. OptionNET reserves all rights not expressly granted.
1a. BETA VERSIONS. If SOFTWARE is licensed as a beta version, the following also applies. This SOFTWARE is pre-release software and is provided on an "as is", unsupported basis. OptionNET shall have no obligation to correct errors or deliver updates to the SOFTWARE. This License Agreement does not entitle you to any maintenance or other services or any updates or new versions of the SOFTWARE or entitle you to receive the final, generally available version of such SOFTWARE should such version be made available by OptionNET .
1b. EVALUATION VERSIONS. If the SOFTWARE is licensed as an evaluation version, the following also applies. The license is valid for thirty (30) days after acceptance of the License Agreement.
2. COPYRIGHT. The SOFTWARE is owned by THJ Systems Ltd (“THJ SYSTEMS”) (a supplier to OptionNET) and is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording). You may not use or copy the SOFTWARE or any accompanying written materials for any purposes other than what is described in this License Agreement.
3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not copy, adapt, reverse-engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code or create any software whose expression is substantially similar to that of the Software or create derivative works from the SOFTWARE. You may not copy, adapt, reverse-engineer, decrypt, disassemble, modify, translate, make any attempt to discover the unencrypted data or create derivative works from the encrypted data files. OptionNET products are supplied for private and personal use only. If you intend to use OptionNET products for any commercial purposes (including but not limited to, writing a trading related newsletter/video/blog, providing education, trading within a commercial entity or on behalf of other individuals), prior permission must be obtained from OptionNET, which may incur additional fees. This includes use and publication of any screen shots, videos, printed or annotated images captured from OptionNET products. At all times, all published images of OptionNET products must be properly attributed and fully comply with the guidelines described here: https://www.optionnetexplorer.com/attribution.aspx
You shall comply with the rules and regulations which are applicable to each data source and governmental agencies having jurisdiction. You agree to execute and deliver to each data source all Agreements or other documentation required by each applicable data source and further agree to execute and deliver to OptionNET any amendments thereof or further documentation that may be required. OptionNET shall promptly terminate the supply of market data to you upon written request from its data source for any reason and without liability to you. You represent that you are not engaged in, and agree not to engage in, any unlawful transaction or business, and agree not to use or knowingly permit anyone to use the SOFTWARE or data for (a) any purpose or in any manner not authorised by this Agreement or (b) for any unlawful purpose or in any manner not in compliance with applicable laws, rules, or regulations of any federal state, or local government entity of England and Wales, United States or any foreign country, including all England and Wales and United States export laws. OptionNET reserves the right to cancel any order and issue a pro-rated refund of any monies paid without giving notice or reason. OptionNET reserves the right to remove any discounts from your renewal price which may have been previously applied to your account without giving notice or reason.
You agree to keep your username and password confidential and not to disclose it to anyone else, publish it, or allow anyone else to use it or grant anyone else access to the SOFTWARE using it. You acknowledge and agree that in addition to providing your unique username and password, OptionNET may implement technical measures that permit OptionNET to verify your compliance with the terms of this License Agreement. Any or all of the licenses granted herein may be terminated by OptionNET, with or without notice to you, if you violate or otherwise do not observe any of the terms, conditions or provisions of this License Agreement.
4. OWNERSHIP OF SOFTWARE. You own the magnetic or other physical media on which the SOFTWARE is recorded. However, THJ SYSTEMS retain title and ownership of the SOFTWARE recorded on the original disk and all subsequent copies of the SOFTWARE, regardless of the form or media in or on which the original and other copies exist. The SOFTWARE is licensed, not sold.
5. SOFTWARE FEATURES AND UPDATES. You shall have the right to receive new features to the SOFTWARE as OptionNET, in its sole discretion, makes such features available with the SOFTWARE and as provided to you during your SERVICE PERIOD. OptionNET continually strives to improve the usability and performance of its products and services. In order to optimise the SOFTWARE, OptionNET may, at its sole discretion and without notice, add, modify or remove features from the SOFTWARE at any time.
6. CONFIDENTIAL INFORMATION. Any business and technical information that OptionNET designates as confidential or proprietary, any reports provided by you to OptionNET and all information regarding the SOFTWARE including, but not limited to, the content of the SOFTWARE, your username and password and the results of your evaluation of the SOFTWARE constitute confidential information of OptionNET ("CONFIDENTIAL INFORMATION"). OptionNET, at its sole discretion, may disclose such CONFIDENTIAL INFORMATION. However, you may not disclose to any third party any CONFIDENTIAL INFORMATION, including, without limitation, the results of your evaluation of the SOFTWARE, without the prior written consent of OptionNET. Furthermore, you agree to limit access to CONFIDENTIAL INFORMATION to your authorised employees that have executed appropriate confidentiality agreements with you that protect the CONFIDENTIAL INFORMATION consistent with the requirements of this License Agreement. The restriction regarding disclosure of CONFIDENTIAL INFORMATION does not extend to any CONFIDENTIAL INFORMATION that you can establish: (a) is now or hereafter becomes generally available to the public other than as a result of your breach of this License Agreement, (b) is disclosed or made available to you by a third party without restriction and without any breach of confidentiality obligation, (c) was independently developed by you without access to or use of the CONFIDENTIAL INFORMATION, or (d) is approved for disclosure by OptionNET in writing.
6a. RIGHTS TO IDEAS AND MATERIALS PROVIDED TO OPTIONNET. You grant OptionNET and necessary sub-licensees permission to use and a grant of a worldwide, non-terminable, royalty-free, full assignable and transferable right and license in perpetuity to use materials you provide to OptionNET (including feedback and suggestions) or submit to OptionNET or any other party for review by the general public or any public or private community (collectively "Submissions") for all purposes of OptionNET, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to use the ideas, concepts, methods, designs, code you have submitted for evaluation and testing and for use, deployment, sub-licensing or other exploitation, and/or integration into an OptionNET product or service for evaluation, testing, use, deployment, sub-licensing and other exploitation; to publish your name in connection with your Submission; and the right to sublicense all such rights.
7. LIMITED WARRANTY. THE SOFTWARE, ACCOMPANYING WRITTEN/MULTI-MEDIA MATERIALS (INCLUDING INSTRUCTIONS FOR USE) AND DATA ARE PROVIDED "AS IS".
NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTIONNET EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DATA AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NEITHER OPTIONNET NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR DATA SHALL BE LIABLE UNDER ANY LEGAL THEORY FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS LOSSES, BUSINESS INTERRUPTION, LOSS OF GOODWILL) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DATA, OR ANY OTHER CLAIM BY ANY PARTY EVEN IF OPTIONNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU AGREE TO INDEMNIFY AND HOLD OPTIONNET, ITS SUPPLIERS (INCLUDING ANY PROVIDER OF DATA) AND THJ SYSTEMS, HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, OR LOSS YOU MAY SUFFER RESULTING FROM ANY CLAIMS BY END USERS OF THE SOFTWARE OR OF ANY WORK, FOR ANY REASON WHATSOEVER, INCLUDING ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DATA, OR ANY OTHER CLAIM BY ANY PARTY EVEN IF OPTIONNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
CUSTOMER REMEDIES. OptionNET's entire liability and your exclusive remedy shall not exceed the purchase price which you paid for the applicable SERVICE PERIOD. In no case shall OptionNET’s or its suppliers liability exceed this amount.
The disclaimers and limitations set forth above will apply regardless of whether you accept the SOFTWARE.
8. FAILURE TO ACCESS SOFTWARE. You agree that OptionNET and its suppliers including Data Suppliers are not responsible for your inability to access or log in to the Software or any websites controlled by OptionNET, either because of poor internet connections, use of incorrect username or passwords, and/or browser incompatibility. OptionNET and its suppliers will make every effort to ensure that servers remain operational with adequate performance and response times. However, there may be times when servers are down, or response times are slow due to network problems, power outages, regular maintenance or high traffic volumes. You agree that neither OptionNET, nor its suppliers are responsible or liable for any loss or damage caused by your inability to use or access the Software, whether or not caused in whole or part by negligence.
9. MAKING INVESTMENT AND TRADING DECISIONS OR INITIATING TRADES. All financial market and similar services, including the Software and Data, contain inaccuracies and mistakes and are incomplete in certain respects. You are strongly advised to verify pricing and all other relevant information prior to making any investment or trade. You fully assume the risk that errors or inaccuracies in the Software and/or Data may result in your reaching conclusions that you might not or would not have reached had such errors and/or inaccuracies not been present. Further, you fully assume the risk that errors may cause failures in the transmission of information through the internet or other channels, or inaccuracies in information being so transmitted, including but not limited to transmissions of orders to place trades to any Direct Access Brokers with which the Software is technically compatible. You agree that OptionNet, THJ Systems and Data Suppliers shall have no liability whatever for any consequences of such errors, inaccuracies or failures.
10. REFUND POLICY. Please make sure you want to purchase a subscription to the software before doing so. OptionNET Explorer is delivered as an electronic download and as such you have the right to withdraw from your transaction without charge until delivery of the product has started. Our services commence immediately when your electronic delivery has started or you login to our software (whichever is sooner), at which point your transaction is final and you will not have the right to cancel unless your download fails. However, we will extend our maximum assistance to you if you encounter any problems. You expressly agree that the performance of the contract shall begin prior to the expiration of the 14 days withdrawal period and you acknowledge that you will lose your right of withdrawal once the electronic software download has commenced or you login to our software (whichever is sooner). No prorated, partial or full refunds are offered. You accept responsibility for any reasonable costs that we incur in recovering any payments withheld from us for any subscriptions purchased.
11. GENERAL. You consent that any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be exclusively referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one, the seat, or legal place, of arbitration shall be London, England and the language to be used in the arbitral proceedings shall be English. The physical location of any arbitration hearings shall be England. The governing law of the contract shall be the substantive law of England. If any provision of this License Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this License Agreement and shall not affect the validity and enforceability of any of the remaining provisions. This License Agreement constitutes the entire agreement between the parties with respect to the subject matter of this License Agreement, and supersedes all prior agreements and understandings between the parties with respect to such subject matter.
12. RISK DISCLOSURE & PERFORMANCE DISCLAIMER STATEMENT: Trade at your own risk. The SOFTWARE and any accompanying information provided is intended for educational purposes only and neither purports nor intends to be, specific trading advice. It has been prepared without regard to any particular person's investment objectives, financial situation and particular needs. Information should not be considered as an offer or enticement to buy, sell or trade. You should seek appropriate advice from your broker, or licensed investment advisor, before taking any action. Past performance does not guarantee future results. Simulated performance results contain inherent limitations. Unlike actual performance records the results may under or over compensate for such factors as lack of liquidity. No representation is being made that any account will or is likely to achieve profits or losses to those shown. By purchasing OptionNET products you acknowledge and accept that all trading decisions are your own sole responsibility, and OptionNET or anybody associated with OptionNET including Andrew Mitchell and THJ SYSTEMS cannot be held responsible for any losses that are incurred as a result.
13. U.S. Government Required Disclaimer - Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to buy/sell futures, stocks or options on the same. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed. The past performance of any trading system or methodology is not necessarily indicative of future results.
14. 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.NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE, SUPPORT AND TEXTS. OUR COURSE(S), PRODUCTS AND SERVICES SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.