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Webtrader Licence Agreement:
All rights and copyrights to the accompanying
software (the 'Software') including all its components, are owned
by Webtrade.net.au Pty Ltd,
ABN: 19 073 922 460 ('Webtrade') or its suppliers.
The Software is licensed, not sold. You
acquire only the right to use the Software and do not acquire any
rights of ownership in the Software.
Webtrade and its licensors shall at all
times retain all rights, title and interest in the Software and
reserve all rights not expressly granted within this agreement.
Information provided to the Software
and/or by the Software ('Information') and the Software shall remain
the property of Webtrade and/or Webtrade's suppliers.
Title, ownership rights, copyright and
intellectual property rights in the Software and in the Information
shall remain in Webtrade and/or its suppliers. Webtrade grants to
You a limited License, which permits You to install and use one
copy of the Software, on a single unique computer only.
You specifically acknowledge and agree
that:
(a) You may not permit any person other
than You to use the Software;
(b) You may not remove any product
identification, copyright notices, or other notices or restrictions
from the Software;
(c) You may not cause or permit any modifications, reverse engineering,
disassembly, translation, or decompilation of, or create derivative
works based on the Software;
(d) You may not transfer, sell or otherwise convey the Software
or the Client Access License to another party;
(e) You will not provide your Webtrade Account Code to any entity
other than entities listed as 'Webtrade Licensed Brokers' at www.webtrade.net.au
(f) You may not provide your Password to any other individual or
individuals;
(g) You may not permit concurrent use of the Software;
(h) You may not rent, lease, grant a security interest in, or otherwise
transfer rights to the Software;
(i) You may not permit any person other than You to use any Information;
(j) You will not permit the reproduction, redistribution and/or
retransmission of any Information;
(k) You will not use, or permit the use of the Information and/or
the Software for any purpose contrary to any rule, regulation, guideline
or request of any Webtrade recognised exchange or regulatory Logonority
(l) You will not attempt to use or permit the use of the Information
and/or the Software for any purpose contrary to any rule, regulation,
guideline or request of any Webtrade recognised exchange or regulatory
body.
(m) You will not change messages transmitted to or from the Software
(n) You will not delete and then re-install the Software without
prior approval from Webtrade.
In no event shall Webtrade or its suppliers
be liable for any damages whatsoever (including business interruption,
loss of profits, loss of information, or any other pecuniary loss)
suffered by You or any third party and arising out of the use of
or inability to use the Software, even if Webtrade has been advised
of the possibility of such damages.
Webtrade expressly disclaims any warranty
for the Software, which is provided to You 'as is' without warranty
of any kind, either express or implied, including, without limitation,
the implied warranties of merchantability or fitness for a particular
purpose or use. The entire risk arising out of the use or performance
of the Software remains with You.
Webtrade make no warranty, express or
implied, as to results to be obtained from use of the Information
and make no express or implied warranties of merchantability or
fitness for a particular purpose or use. Webtrade nor any of their
providers of Information shall have any liability for any delays,
omissions or inaccuracies in the Information, nor shall they be
liable for any third-party claims or losses of any nature, including,
but not limited to, loss of profits, punitive or consequential damages.
Without prejudice to any other rights,
Webtrade may immediately terminate the supply to You of the Information
without notice.
Should You breach this Agreement in any
way, then Webtrade shall be entitled to terminate your rights to
use the Software. You agree to comply with any request from Webtrade
to rectify any breach of this Agreement.
You also agree to pay Webtrades costs
and damages associated with your breach of this Agreement. Your
acceptance of these conditions expressly negate any conditions you
may have place on any order for the Software and provision of the
Software is subject to these conditions absolutely.
If any provision of this Agreement is
held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable.
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