End User License Agreement
 

This End User License Agreement (“EULA”) is an agreement between you the end user

(“You” or “User” interchangeably), Qartal Fx. its subsidiaries and

affiliates (“Licensor”). This EULA governs your use of Trading Platform and all related

software, Application Programming Interfaces (“API”), programs, documentation, and

updates and upgrades that replace or supplement the Software and are not distributed

with a separate license (together the “Software”). This Software is licensed to you free

of charge. You do not own this Software. By installing or using the Software, you

consent to be bound by this EULA. IF YOU DO NOT AGREE TO EACH AND EVERY

TERM OF THIS EULA, THEN YOU MAY NOT INSTALL OR USE THE SOFTWARE OR

IF IT HAS ALREADY BEEN INSTALLED THEN YOU MUST DELETE THE

SOFTWARE FROM YOUR COMPUTER AND/OR OTHER DEVICE(S).

The following terms and conditions govern all access to and use of the Software. By

installing and/or using the Software you accept without limitations or alterations, each

and every term and condition contained herein. THIS AGREEMENT IS A BINDING

CONTRACT AND INCLUDES TERMS THAT MIGHT LIMIT YOUR LEGAL RIGHTS

AND LICENSOR’S LIABILITY TO YOU. CONSULT YOUR ATTORNEY BEFORE

AGREEING IF YOU DO NOT UNDERSTAND ANY OF THE TERMS HERE.
 

1. GRANT OF LICENSE
 

1.1 Subject to Your acceptance and ongoing compliance with the terms of this EULA,

Licensor grants you a limited non-exclusive, non-transferable and revocable right and

license to install and use a copy of the Trading Platform in multiple computers and/or

supported devices. This license is restricted to your personal non-commercial use or if

User is a corporate entity for the use of its employees in the course of each individual’s

employment. This license permits you to make one copy of Software for backup or

archival purposes only. Any copying and/or redistribution or alternatively facilitating in

redistribution of the Software is strictly prohibited without the prior express written

consent by Licensor. You are acquiring no right to use, and shall not use, without

Licensor’s prior written consent, the terms or existence of this EULA, the names,

characters, artwork, designs, trade names, copyrighted materials, trademarks or service

marks, its affiliates, agents, vendors and licensors. Software is provided in object code

form only.
 

2. SCOPE OF LICENSE & LIMITATIONS
 

2.1 You shall not (a) use, copy, merge, make derivative works of or transfer copies of

the Software, except as specifically authorized in this EULA; (b) use the backup orarchival copy of the Software (or permit any third party to use such copy) for any

purpose other than to replace the original copy in the event that it is destroyed or

becomes defective; (c) rent, lease, sublicense, distribute, transfer, copy, modify or

timeshare the Software or any of your rights under this EULA, except as expressly

authorized in this EULA; (d) provide unauthorized third parties with access to or use of

the Software; (e) reverse engineer, disassemble, decompile or otherwise attempt to

access the source code of the Software, except and only to the extent that such activity

is expressly permitted by applicable law; or (f) use the Software after any termination or

cancellation of this license granted in Grant of License Section set herein.

2.2 The Software is not intended for distribution to, or use by, any person in any country

or jurisdiction where such distribution or use would be contrary to local law or regulation.

It is your responsibility to ascertain the terms of the EULA and comply with any local law

or regulation to which you are subject. You shall not use or permit anyone to use the

Software for any unlawful or unauthorized purpose.

2.3 Nothing in this EULA shall provide You with any proprietary rights in the Software or

any information provided in the Software including but not limited to any promotional

material.
 

3. THIRD PARTIES
 

3.1 The Software may provide you with the ability to access a variety of information,

market data feeds, DDE supporting data feeds, materials, trading strategies, trading

recommendations or any other content or offer for any type of services from third parties

(“Third-Party Content”), including plugins within the Software created by independent

third parties (“Software Plug-Ins”) and various sets of programming instructions and

standards that allow access to a web-based software application or Application

Programming Interface (“API”) tailored to the customized trading needs of Brokers

and/or Users and are designed specifically for the Software by licensed Vendors in

Licensor’s ISV network (“Software Compatible API”) and through links to other websites

and forums on which users or other third parties, themselves, may post Third-Party

Content. Whenever you access Third Party Content and/or Software Plug-Ins and/or

Software Compatible API, YOU PROCEED AT YOUR OWN RISK. You understand and

agree that such third parties are solely responsible for any such Third Party Content

and/or Software Plug-Ins and/or Software Compatible API and you further agree that

Licensor is not, and will not be, liable for any such Third Party Content and/or Software

Plug-Ins and/or Software Compatible API and/or other material posted and/or otherwise

provided by third parties. You further acknowledge that Licensor does not control the

third parties who provide Third-Party Content, Software Plug-Ins, and Software

Compatible API and Licensor does not necessarily (and is not obligated to) review or

screen any Third-Party Content, Software Plug-Ins, and Software Compatible API eitherbefore or after it becomes available through the Software, and cannot and does not

guarantee, attest to, verify, or otherwise warrant that any Third-Party Content Software

Plug-Ins, and Software Compatible API is or will be accurate; free from errors, defects

or harmful elements; consistent with what it purports to be; appropriate to fit your needs;

or otherwise safe or non-objectionable. You agree that Licensor shall not be held liable

for any trading activities or other activities that occur on any website you access through

Third Party Content, Software Plug-Ins or Software Compatible API. Licensor allows

these Third Party Content, Software Plug-Ins or Software Compatible API as a

convenience, and does not endorse and hereby disclaim liability from any and all

content or services offered by these Third Party Content, Software Plug-Ins or Software

Compatible API.

3.2 User hereby acknowledges and agrees that the Software may incorporate into, and

may incorporate itself, software and other technology owned and controlled by third

parties. The Software will only incorporate such third party software or technology for

the purpose of (a) adding new or additional functionality or (b) improving the technical

performance of the Software. Any such third party software or technology that is

incorporated in the Software falls under the scope of this EULA. Any and all other third

party software or technology that may be distributed together with Software will be

subject to you explicitly accepting a license agreement with that third party. User

acknowledges and agrees that he/she will not enter into a contractual relationship with

Licensor regarding such third party software or technology and User will look solely to

the applicable third party and not to Licensor to enforce any rights.

3.3 Licensor shall not be responsible to provide any support to any Software Plug-Ins or

Software Compatible API.
 

4. ACKNOWLEDGEMENT OF RISK BY USER
 

4.1 Risk Warning! User hereby affirms that he/she understands that trading in financial

instruments carries a substantial level of risk and may result in a loss of all invested

capital. It may be not suitable for all investors; please ensure that you understand your

investment objectives, level of experience, risk appetite and, IF NECESSARY, SEEK

ADVICE FROM AN INDEPENDENT AND PROFESSIONAL FINANCIAL ADVISOR.

4.2 User hereby affirms that he/she has investigated and understands the risk of loss

associated with online trading in financial instruments. Risk of loss includes but is not

limited to: (a) loss of computer connection to the internet, (b) computer hardware or

software failure of any kind, (c) poor performance of any trading strategies, systems,

trade plans, Software Plug-Ins, Software Compatible API or other components, (d) trade

execution failures, (e) the Software’s inability or failure to place protective broker stops

on any position, (f) Broker disconnections, (g) failure of the Software or system to

reconnect to a broker (g) errors or omissions in the Software, (h) inability of User toproperly configure and use the Software for any purpose, (i) Acts of God, and (j) any

other circumstance or failures not listed above that result in one or more losses. User

hereby affirms that nothing in the Software or Software Plugins or Software Compatible

API can reduce or remove any risk of loss mentioned herein.

4.3 In certain cases, the protections of your money transferred for purposes of trading in

financial instruments, may have impact in the event of the specific firm/company going

insolvent or bankrupt. The extent to which you may recover money may be governed by

specific legislation or local rules. In some jurisdictions, property/money which has been

specifically identifiable as your own property/money, will be appropriated in the same

manner as cash for purposes of distribution in the event of a shortfall.

4.4 You understand that commissions, fees and other charges may be applicable by

your Broker; as defined in Section 7.1 herein, and as such these charges will

affect/reduce the profit (if any), or increase the loss. Before trading in financial

instruments, you should make yourself aware of all charges for which you will be liable,

whether such charges are at predetermined amount or variable.

4.5 You understand that the profit or loss for transactions in foreign currency-

denominated contracts will be affected by the fluctuations in currency rates when there

is a need to convert from the currency denomination of the contract into another

currency.

4.6 You understand that Licensor does not guarantee access to the Software to be

available at all times, or in any given location at any specific time.

4.7 All transactions effected for your account(s) are at your sole risk and you shall be

solely liable under all circumstances. Licensor will not be held responsible for any

delays in transmission, delivery or execution of your request(s) due to malfunctions of

communications facilities or any other causes.

4.8 You understand that there is the risk that the financial instruments may be or

become the subject to tax and/or any other applicable due amount(s) as per legislation,

which will become your responsibility to carry out.

4.9 YOU SPECIFICALLY ACKNOWLEDGE THAT THE LICENSOR SHALL NOT BE

LIABLE FOR ANY TRADING LOSSES ARISING OUT OR RELATED TO YOU USING

OR NOT USING OF THE SOFTWARE, AND THAT THE RISK OF HARM OR DAMAGE

FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
 

5. GENERAL DISCLAIMERS

5.1 Licensor does not guarantee the accuracy, timeliness, completeness or correct

sequencing of the Software or any information or content included in them or provided

through them, or warrant any results from your use or reliance on the Software. The

Software, Software Plug-Ins, and Software Compatible API may quickly become

unreliable for various reasons including, for example only, changes in market conditions

or economic circumstances. Licensor is not obligated to update any information or

opinions contained in any materials of a third party or any Third Party Content, Software

Plug-Ins, and Software Compatible API in the Software, and Licensor may discontinue

or change any offering of Licensor at any time without notice. Without derogating from

the generality of the above, Licensor is not liable to any discrepancies between

information posted on any website or platform (whether or not owned by Licensor) and

any information extracted from your account.

5.2 You agree that Licensor will not be liable in any way for the termination, interruption,

delay or inaccuracy of the Software, Software Plug-Ins and Software Compatible API

regardless of the reason for the same and you will not have any claims against Licensor

in this respect.

5.3 Licensor will not be liable in any way to you in the event of failure of or damage or

destruction to your computer, data or records or any part thereof, or for delays, losses,

errors or omissions resulting from the failure or mismanagement of any communications

or computer equipment or software.

5.4 You understand that while the Internet and the World Wide Web are generally

reliable, technical problems or other conditions may delay or prevent you from

accessing or using the Software. Licensor shall not be liable, and you agree not to hold

or seek to hold Licensor or any of its agents liable, for any technical problems, Software

failures and malfunctions, communication line failures, equipment or software failures or

malfunctions, Software access issues, Software capacity issues, high Internet traffic

demand, security breaches and unauthorized access, any technical problems related to

services or products you receive from the broker or from other third parties, any issues

with trading platforms and terminals, internet service providers, other computer,

software or network related problems and defects and/or any other factors outside of

Licensor’s exclusive control.

5.5 Licensor does not represent, warrant or guarantee that you will be able to access or

use the Software, Software Plug-Ins or the Software Compatible API at times or

locations of your choosing, or that Licensor will have adequate capacity for the Software

as a whole or in any geographic location. Licensor does not represent, warrant or

guarantee that the Software will provide uninterrupted and error-free service and will not

be liable to any down-time (whether scheduled or not).5.6 The risk of loss in trading in all financial instruments, including but not limited to,

Forex, Binary Options, CFDs, and/or metals can be substantial. You should therefore

carefully consider whether such trading is suitable for you in light of your financial

condition. When trading on margin, you may sustain a total loss of the initial margin

funds and any additional funds that you may deposit with your broker to establish or

maintain a position in the market. Before deciding to trade and/or invest, you should

carefully consider your objectives, level of experience, and risk appetite. The possibility

exists that you could sustain a loss of some or all of your initial investment and therefore

you should not trade or invest money that you cannot afford to lose.

5.7 User acknowledge that certain features of the Software such as, but limited to, Risk

Management Bridge can still carry an exposure to risk despite the fact that they were

designed to reduce risk of trading and is provided to you “AS IS”, with all faults, without

warranty of any kind, without performance assurances or guarantees of any kind, and

YOUR USE IS AT YOUR SOLE RISK.

5.8 You fully understand and agree that the financial markets are subject to numerous

implicit and explicit risks, none of which Licensor can control or influence. You therefore

acknowledge and agree that all trading is solely at your own risk. You should be aware

of all the risks associated with trading and you should seek advice from an independent

and professional financial advisor before trading. You understand that there can be no

guarantee that your use of the Software or the information, strategies or

recommendations as displayed on plug-ins or any other Third Party Content, Software

Plug-Ins, or Software Compatible API disseminated by or on the Software will result in

profits. Further, you understand that your use of the Software or the information,

strategies or recommendations as displayed on any Third Party Content, Software Plug-

Ins, or Software Compatible API disseminated by or on the Software may result in

substantial losses.

5.9 Licensor is not a registered broker-dealer or an investment advisor. The Software do

not constitute and do not include any personal investment advice, which of necessity

must be tailored to your particular means and needs. All recommendations and/or

strategies provided on Third Party Content, Software Plug-Ins and Software Compatible

API are publicly available and provide specific predictions based on proprietary

software. The Software and any strategies and/or recommendations posted on it as

Third Party Content, Software Plug-Ins and Software Compatible API are for

informational purposes only and are provided without warranty of any kind, on a strictly

“as is” and “as available” basis.5.10 Licensor does not guarantee to provide any support or maintenance services of

any kind. You acknowledge that you are solely responsible for your own investment,

purchase or trading decisions, that the Software are only one tool amongst many that

you should use in making your investment, purchase or trading decisions and that

Licensor will not be responsible for any decision made or action taken based on

information strategies or recommendations as displayed on Third Party Content,

Software Plug-Ins or Software Compatible API provided by or disseminated through the

Software. Licensor do not and cannot guarantee that adherence to using the Software

will generate you profits. Licensor do not and cannot take responsibility for any losses to

your accounts. You must trade and take sole responsibility to evaluate all information,

strategies or recommendations as displayed Third Party Content, Software Plug-Ins and

Software Compatible API provided by the Software and use them at your own risk.

5.11 From time to time, acting reasonably, Licensor shall have the right to add to,

modify, or remove any component or feature of the Software without liability under this

EULA. Licensor, in its sole discretion, shall use reasonable endeavors to replace any

component of the Software with an equivalent where it deems practicable. User shall

accept such modifications as part of this EULA.
 

6. DISCLAIMER OF WARRANTIES
 

6.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE

SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT

WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR

GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE

ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH

YOU. LICENSOR DOES NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL

EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED

WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY,

SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,

NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY)

ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR

ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR

REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE

UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE

INTEROPERATE OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD

PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE

CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LICENSOR OR ANY

AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

7. RELATION TO BROKERS
 

7.1 A Broker is an individual or entity that User may have a contractual relationship with

to trade in the products and financial instruments the Broker offers at his/her system,

with either OTC or STP model, and that the Broker decides. The Software provided by

Licensor without any Feed or Liquidity Providers. Both the Feed and Liquidity Providers

are defined and configured based on the Broker’s specific setup at his/her sole

responsibility. The entire agreement that governs the relationship between us and any

Broker licensed by Licensor to sublicense the Software is available. User hereby

acknowledges that he/she understands that the relationship between the Broker and

Licensor is that of a Software Licensor/Software Licensee relationship only.

7.2 User hereby acknowledges that the Licensor and your Broker are separate legal

entities. There is no partnership or agency relationship between the Licensor and your

Broker. User hereby acknowledges and understands that Broker shall not represent that

he/she has any authority to assume or create any obligation, express or implied, on

behalf of the Licensor, nor to represent the Licensor as agent, employee, franchisee, or

in any other capacity. Both Broker and User hereby acknowledge and agree that the

Licensor is allowed to answer transparently any inquiry about Broker and/or User made

by any governmental or regulatory authority within the circumstances of this EULA.

7.3 Licensor shall not be liable for any actions or statements made by the Broker to the

User.

7.4 You are solely responsible for being in full compliance with any terms and

conditions, agreements, policies and guidelines imposed on you and your account by

the broker providing you a trading account and any trading services. You are solely

responsible for ensuring that you alone control access to your Broker account and to

ensure that no other person is granted access to trading in your account. In any case,

you alone remain fully liable for any and all positions traded on your broker account.

When subscribing to a product or service offered by the Broker, the User must follow all

the technical requirements in order to use the Software.

7.5 Licensor shall not be responsible for any damage or expense incurred by you as a

result of issues related to your engagement with the Broker, including, withoutlimitations, in case your account is suspended, blocked, closed, terminated, etc. or in

case of any errors, unauthorized transactions or other trading related issues, lack of

sufficient funds, software or hardware problems, etc. including if as a result of which the

Software cannot be used, are not functional or are not performing according to their

specifications.

7.6 Licensor shall not be involved in any dispute between you and your Broker and shall

have no liability in this respect. You shall fully indemnify Licensor for any damage, loss

or expenses incurred by Licensor in connection with the above.

7.7 Furthermore, we do not approve or endorse the Broker or any of its programs. Any

information, advice, views and opinions provided through Broker are expressly

attributed to the Broker and/or the speaker, and do not necessarily reflect the views or

opinions or its affiliates.

7.8 Licensor’s Software can be accessed through various brokerage services using

different platforms and other software tools with different characteristics and technical

definitions. Licensor shall not be liable to any problems or other issues resulting from

the above, including without limitations, with respect to different trade instruments

names (symbols), different spreads, lots, etc. You should consult your Broker with

respect to any such issues and make sure you take such issues into consideration in

making your trading decisions.
 

8. LIMITATION ON LIABILITY
 

8.1 It is hereby clarified that the Licensor, its managers, employees, shareholders and

any entity on its behalf, acting on the Software, do not claim to advise any person with

regards to whether or not the purchase, sale, holding or investment in any or all

financial instruments is worthwhile. Therefore, the information appearing on the

Software, it’s notices, its feed, data, plug-ins or other materials appearing therein,

including but not limited to Third Party Content, Software Plug-Ins or Software

Compatible API shall not be viewed as a recommendation or opinion on the subject,

and any person making a decision based on information appearing on the Software is

doing so at his/her own risk. The User proclaims that he/she is aware that nothing in the

Software can replace advice which takes into account his/her person information and

needs and/or any other person’s, and that investment in foreign currency can lead to

tremendous losses. The Licensor, its managers, employees, and anyone acting on its

behalf or through Third Party Content, Software Plug-Ins or Software Compatible API on

its Software, may have personal interest in any subject contained on the Third PartyContent, Software Plug-Ins or Software Compatible API available on its Software and it

is possible that they own foreign currency and/or options with respect to foreign

currency.

8.2 It is the User’s responsibility to verify that performance of the transactions and use

of the Software does not negate any law or rule which apply to him, and to fulfill any

legal obligation effective with respect to him/her and resulting from the use of the

Software, and shall not make any use of the Software which is against any law.

8.3 The User is solely responsible for all transactions performed in his account,

including all deposit and withdrawal transactions and is responsible for the safekeeping

of his account password. The User shall be solely responsible for any harm caused as a

result of an action or non-action by the User which will lead to inappropriate or

unwanted behavior in his/her account.

8.4 It is further clarified that the directors in the Licensor, its employees and agents, are

not responsible to any event of damage and/or expense caused to the User, including

without limitation loss of profit and/or any other damage, direct or indirect, and/or

circumstantial in connection with the performance of transactions over the Software,

and the User proclaims that he/she is personally responsible to any risk caused thereto

through the use of the Software.

8.5 Nothing in this Clause 8.5 excludes or limits the liability of Licensor for:

8.5.1 fraud or fraudulent misrepresentation;

8.5.2 death or personal injury caused by Licensor’s (or its employees’, agents’ or sub-

contractors’) negligence; or

8.5.3 any matter for which it is not permitted by law to exclude or limit, or to attempt to

exclude or limit, its liability.

Without prejudice to clauses 8.5.1 to 8.5.3 (inclusive), the following provisions set out

the entire financial liability of Licensor (including any liability for the acts or omissions ofits employees, agents and subcontractors) arising out of or in connection with this

EULA, whether in contract, tort, misrepresentation, under statute or otherwise,

howsoever caused including (without limitation) by negligence and also including

(without limitation) any liability arising from a breach of, or a failure to perform or defect

or delay in performance of, any of Licensor’s obligations under this EULA.

8.6 Licensor shall not be liable for any loss or damage caused to the User except to the

extent that such loss or damage is caused by the negligent acts or negligent omissions

of or a breach of any contractual duty by Licensor, its employees, agents or sub-

contractors in performing its obligations under this EULA and in such event Licensor’s

maximum aggregate liability arising out of or in connection with this EULA, whether in

contract, tort, misrepresentation, under statute or otherwise, howsoever caused

including (without limitation) by negligence and also including (without limitation) any

liability arising from a breach of, or a failure to perform or defect or delay in performance

of, any of Licensor’s obligations under this EULA, shall be limited to $1000 (one

thousand dollars).

8.7 Subject to Clause 8.5 and 8.6, Licensor shall not be liable to the other parties for

any:

8.7.1 indirect, consequential and/or special loss or damage;

8.7.2 loss of profit (direct or indirect);

8.7.3 loss of revenue, loss of production or loss of business (in each case whether

direct or indirect);

8.7.4 loss of goodwill, loss of reputation, or loss of opportunity (in each case whether

direct or indirect);

8.7.5 loss of anticipated saving or loss of margin (in each case whether direct or

indirect);8.7.6 wasted management, operational or other time (in each case whether direct or

indirect); and/or

8.7.7 liability of any of the other parties to third parties (whether direct or indirect),

arising out of or in connection with this EULA, whether in contract, tort,

misrepresentation, under statute or otherwise, howsoever caused including (without

limitation) by negligence and also including (without limitation) any liability arising from a

breach of, or a failure to perform or defect or delay in performance of, any of Licensor’s

obligations under this EULA.

8.8 Licensor shall not be liable in any way to the User for acting in accordance with the

terms of this EULA and specifically (without limitation) for acting upon any notice, written

request, waiver, consent, receipt, statutory declaration or any other document furnished

to it pursuant to and in accordance with this EULA.

8.9 Licensor shall not be required to make any investigation into, and shall be entitled in

good faith without incurring any liability to the User assume (without requesting

evidence thereof) the validity, authenticity, veracity and due and authorised execution of

any documents, written requests, waivers, consents, receipts, statutory declarations or

notices received by it in respect of this EULA.

8.10 Consequential Damages Waiver. Licensor shall not have any liability for incidental,

consequential, indirect, special or punitive damages or liabilities of any kind or for loss

of revenue, loss of business or other financial loss arising out of or in connection with

this EULA, regardless of the form of the action, whether in contract, tort (including

negligence), strict product liability or otherwise, even if any representative of a party

hereto has been advised of the possibility of such damages and even if any limited

remedy specified in this EULA is deemed to have failed its essential purpose.

8.11 Limitation of Liability is a material term of this EULA. User agrees that the

provisions in this EULA that limit liability are essential terms of this EULA. The foregoing

limitations of liability apply even if any remedies described in this EULA fail in their

essential purpose.

9. INTELLECTUAL PROPERTY
 

9.1 You agree that us or our affiliated entities and/or its licensor(s), as applicable, own

all right, title and interest in and to the Software, including, without limitations, to any

intellectual property rights in the above and including any inventions, ideas, know how,

patents and patent applications, software (whether object code or source code),

copyrights, trade secrets, databases, algorithms, robots, trading signals, strategies,

recommendations, processes, plans, data, information and any related documentation

and including to any enhancements, developments and improvements to the above.

9.2 All rights to any trade names, trademarks, service marks, logos, domain names, and

other distinctive brand features of Trading Platform (“Marks”) presented or included in

the Software are the property of their respective owners or license holders, as

applicable. Except as otherwise provided in this EULA, Licensor does not grant to you

any right, title or interest (including, but not limited to, any implied licenses) in or to such

materials or rights and nothing in this EULA gives you a right to use any Marks.
 

10. USER’S REPRESENTATIONS & WARRANTIES
 

10.1 User hereby represents and warrants that: (a) if User is a natural person, User is of

sound mind, legal age and legal competence (b) if User is not a natural person, 1. User

is duly organized and validly existing under the applicable laws of the jurisdiction of its

organization; 2. Performance of all obligations contemplated under this EULA and all

other transactions contemplated hereunder have been duly authorized by User; and 3.

Each person performing all other transactions contemplated hereunder on behalf of the

User, has been duly authorized by User to do so; and, (c) User hereby warrants that

regardless of any subsequent determination to the contrary, User is suitable to trade

OTC; and, (d) User is not now an employee of any exchange, any corporation in which

any exchange owns a majority of the capital stock, any member of any exchange and/or

firm registered on any exchange, or any bank, trust, or insurance company, and in the

event that User becomes so employed, User will promptly notify us, (e) User has read

and understands the provisions contained in this EULA, including, without limitation,

Licensor’s Risk Disclosure Statement, ISV, and Privacy Statement; and (f) User will

review this EULA; and (g) User agrees that in effecting any transaction he/she is

deemed to represent that he/she has read and understands this EULA as in effect at the

time of such transaction; and (h) User agrees to, and shall at all times comply with all

applicable laws, statutes and regulations and User hereby declares that the installation

and use of the Software and all other transactions contemplated hereunder, and

performance of all of User’s rights and obligations contemplated under this EULA andany other transaction contemplated hereunder, will not violate any statute, rule,

regulation, ordinance, charter, by-law or policy applicable to User (k) User shall

promptly inform Licensor of ay breaches or potential breaches by User of any term of

this EULA. USER MAY NOT USE THE SOFTWARE FOR ANY ILLEGAL ACTIVITY.

10.2 Licensor shall not be responsible for verifying and/or checking that User actually

have such knowledge and/or experience, nor shall Licensor be responsible for any

damage and/or loss incurred by User as a result of insufficient knowledge or

experience.

10.3 User hereby acknowledges that it is his/her responsibility to maintain in proper

order the appropriate computer hardware, operating system, sufficient back up means,

appropriate virus protection/security checks and pay any relevant third party software

programs to prevent damages and/or unauthorized access to his/her account on the

Software.

10.4 User hereby agrees to only use the Software and Software Compatible API for

lawful purposes and on the terms agreed upon in this EULA. User hereby represents

and warrants that he/she, and his/her Broker would be at all times when using the

Software and Software Compatible API in full compliance with all applicable anti-money

laundering laws and anti-terrorism laws. The Software shall not to be used where it is

illegal to use, and Licensor reserves the right to refuse or cancel services to anyone at

Licensor’s sole discretion. The Software does not constitute, and may not be used for

the purposes of, an offer and/or solicitation to anyone in any jurisdiction in which such

offer and/or solicitation is not authorized, and/or to any person to whom it is unlawful to

make such an offer and/or solicitation.
 

11. INDEMNITY
 

11.1 In return for the Grant of License as provided herein to install and use the

Software, User accepts all risk of loss as a result of such use or operation of the

Software, Software Plug-Ins, and Software Compatible API and agrees to indemnify and

hold harmless the Licensor, its directors, its officers, employees, heirs or assigns

against any and all losses suffered as a result of the use or operation of the Software,

Software Plug-Ins, and Software Compatible API . User agrees not to transfer, sell, or

provide Software to any other individual or entity, or trade another individual’s or entity’s

brokerage account or currency trading account using the Software, unless saidindividual or entity has agreed to be bound by the terms of this EULA.

11.2 USER HEREBY AGREES THAT LICENSOR SHALL NOT BE LIABLE TO USER,

HIS/HER HEIRS, SUCCESSORS OR ASSIGNS, FOR ANY DAMAGES

WHATSOEVER, UNDER ANY LEGAL THEORY WHATSOEVER, WHICH DAMAGES

MAY ARISE OUT OF, OR IN ANY WAY RELATE TO, THE USE OF THE SOFTWARE.
 

12. TERM & TERMINATION
 

12.1 The term of this EULA and the license granted to you will shall remain in effect in

perpetuity, for so long as User, his/her heirs or assigns operate a version of the

Software, or until it is terminated as provided in this Section. Without prejudice to any

other rights Licensor may have, the license granted under this EULA will terminate

automatically in the event you violate any provision of this EULA or if you terminate your

relationship with Licensor by un-installing the Software. In the event of termination, for

any reason, you shall delete the Software from your computer and/or devices and either

destroy any tangible media containing the Software or return it, Qartal Fx.

Co. incorporated. You understand that Licensor may discontinue technical and

customer support for this Software at any time without any recourse by you.
 

13. GOVERNING LAW & JURISDICTION
 

13.1 This EULA is governed by the laws of the Hashemite Kingdom of Jordan, without

reference to its principles of conflicts of laws. You expressly agree that exclusive

jurisdiction and venue for any claim or dispute with the Licensor relating in any way

to Your use of the Software resides in the Courts of Amman, Jordan. You hereby

irrevocably consent to the personal and exclusive jurisdiction and venue of these

Courts.
 

14. RIGHT TO COMPEL ARBITRATION
 

14.1 YOU AGREE TO PROCEED WITH ARBITRATION SHOULD LICENSOR ELECT

TO PROCEED IN SUCH MANNER; HOWEVER, YOU DO NOT HAVE THE SAME OR

SIMILAR RIGHT TO COMPEL ARBITRATION. IF YOU FILE A CLAIM IN ANY COURT

OF LAW, OR IF YOU AND LICENSOR HAVE A DISPUTE AND NO CLAIM HAS YET

BEEN FILED, IN EITHER CASE LICENSOR HAS THE ABSOLUTE RIGHT, SOLELY

IN ITS DISCRETION, TO COMPEL THAT DISPUTE TO BE HEARD AND RESOLVED

BY BINDING ARBITRATION. HOWEVER, IF LICENSOR DECIDES TO FILE A CLAIM,

YOU HAVE NO CORRESPONDING RIGHT TO COMPEL ARBITRATION. ANY SUCHARBITRATION BETWEEN YOU AND US WILL BE HANDLED AND CONDUCTED BY

AND PURSUANT TO THE RULES AND PROCEDURES OF THE DUBAI

INTERNATIONAL ARBITRATION CENTER (“DIAC”) USING A THREE MEMBER

ARBITRATION PANEL WITH YOU AND WE EACH CHOOSING ONE ARBITRATOR

AND THE TWO CHOSEN SELECTING THE THIRD. THE DECISION OF THE

ARBITRATORS WILL BE FINAL AND UNAPPEALABLE AND MAY BE ENTERED AS

A JUDGMENT IN ANY APPROPRIATE COURT OF LAW. TO THE EXTENT ANY

PROVISIONS OF THIS AGREEMENT ARE INCONSISTENT WITH DIAC RULES OR

PROCEDURES, SUCH PROVISIONS SHALL PREVAIL TO THE MAXIMUM EXTENT

DIAC RULES AND PROCEDURES PERMIT THE PARTIES TO STIPULATE AND

OTHERWISE AGREE TO SUCH MATTERS BY CONTRACT.
 

15. GENERAL
 

15.1 You acknowledge and agree that each provision of this EULA that provides for a

disclaimer of warranties or an exclusion or limitation of damages represents an express

allocation of risk, and is an integral part of this EULA.

15.2 Amendment. Licensor shall have the right, at any time and without prior written

notice to or consent from User, to add to or modify the terms of this EULA, simply by

delivering such amended terms to User by e-mail at the address provided to Licensor by

User or by requiring the User to accept an updated EULA upon accessing the Software.

User’s access to or use of the Software after the date such amended terms are

delivered to User shall be deemed to constitute acceptance of such amended terms.

15.3 Waiver. No waiver of any term, provision or condition of this EULA, whether by

conduct or otherwise, in any one or more instances, shall be deemed to be, or shall

constitute, a waiver of any other term, provision or condition hereof, whether or not

similar, nor shall such waiver constitute a continuing waiver of any such term, provision

or condition hereof. No waiver shall be binding unless executed in writing by the party

making the waiver.

15.4 Severability. If any provision of this EULA is determined to be illegal or

unenforceable, then such provision shall be enforced to the maximum extent possible

and the other provisions shall remain fully effective and enforceable.15.5 Force Majeure. If the performance of any part of this EULA by either party is

prevented, hindered, delayed or otherwise made impracticable by causes beyond the

reasonable control of either party, that party shall be excused from such performance to

the extent that it is prevented, hindered or delayed by such causes.

15.6 Language. It is the express wish of the parties that this Agreement and related

Schedules be drawn up in the English language.

15.7 Entire Agreement. This EULA constitutes the complete and exclusive statement of

the agreement between the parties with respect to the Software and supersedes any

and all prior or contemporaneous communications, representations, statements and

understandings, whether oral or written, between the parties concerning the Software.