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End-User License Agreement (EULA)

Last revised: 31 March 2023


You must accept this End-User License Agreement (EULA) before downloading, installing and using our software.

Overview

This EULA agreement is a binding agreement, entered into by and between Trading Conceiver, registered domain tradingconceiver.com, ("Trading Conceiver") and you, and is made effective as of the date you download, install or use the software Trading Conceiver ("Software") or from the date of your electronic acceptance.

This EULA agreement sets forth the general terms and conditions of your use of the Software, provides a license to use Trading Conceiver Software, and contains liability disclaimers. This EULA agreement’s terms also apply to any Software update, upgrade, internet-based service, and support service for the Software. Your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge and agree to be bound by this EULA agreement.

The terms "we", "us" or "our" shall refer to Trading Conceiver. The terms "you", "your", or "User" shall refer to any individual or entity who accepts this EULA agreement, uses our Software, or has access to our Software. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Trading Conceiver may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Software after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.

BY DOWNLOADING /INSTALLING /USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR SOFTWARE.

Eligibility

Our Software is available only to Users who can form legally binding contracts under applicable law.

By downloading or using this Software, you represent and warrant that you are recognized as being able to form legally binding contracts under applicable law, e.g. you are of the legal age of majority in your country of residence. If you are entering into this agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement.

If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

License Grant

Subject to the terms of this EULA Agreement, Trading Conceiver hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Trading Conceiver Software on your own non-commercial use devices in accordance with the terms of this EULA agreement. The Software is being licensed to You and You hereby acknowledge that no title or ownership of the Software is being transferred or assigned to You and this EULA agreement is not to be construed as a sale of any rights of the Software.

You are permitted to download the Trading Conceiver software on a unlimited number of devices, typically PCs or laptops, under your control.

If you want to unlock all the features of the application, you must purchase a license ('Purchased License'). Further restrictions apply to the Purchased License.

Purchased License

Timed License. Our license model is based on timed licenses, i.e. licenses that have a fixed-duration or an expiration date. After the expiration date, you need to buy a new license.

Personal. The license is personal and non-transferable. Only one natural person, an individual, can use it. You can not share it with other persons, not even in time-sharing. If you are a company or a legal person, you must buy one license per employee that will use it.

Purchase. When you purchase a license, it is stored on our servers.

Installation. In order to use the license on your computer, you must first install it. Trading Conceiver will automatically contact our servers and install the license.

Computers. Although the license is personal and non-transferable, we allow the use of the same license by the same legitimate user (natural person) on a limited, reasonable and undisclosed number of computers, utilized by such individual, where the number is determined at our sole discretion.

Activation. The very first time you install a license on any computer, you activate it. So the activation takes place the very first time you install a new license. When you install the same license on a second computer, or install it a second time on the same computer in case of problem, the license had already been activated and is already in the activated mode.

Validity Period. The validity period is counted from the date when you activate the license, i.e. when you install it the first time. If you install the license on a second computer, it means the license had already been activated and the validity period has already started.

Refund policy. You can find our refund policy on a separate document, both in the application and in the web site.

Account. In order to purchase a license, you are required to create a user account, so that only you can install the license. You are responsible for all activities that occur under your account.

Restrictions on Use

Without first obtaining the express written consent of Trading Conceiver, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Software.

You are not permitted to:

  • edit, modify, alter, adapt, or otherwise change the whole or any part of the Trading Conceiver software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble, attempt to derive the source code of, decrypt or reverse engineer the Software or attempt to do any of the listed actions,

  • copy, reproduce, duplicate, resell or distribute in any medium any part of the Software, except where expressly authorized by Trading Conceiver,

  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device or user at any time,

  • remove or alter Trading Conceiver trademarks or notice of copyright or logos or legal notices or proprietary notice included in the Software or related assets,

  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software and the purchased license,

  • use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Trading Conceiver,

  • use any proprietary information or interfaces of Trading Conceiver or other intellectual property of Trading Conceiver in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application,

  • use a previous version of the Software with the intent to exploit vulnerabilities in the license enforcing algorithm,

  • use the service to try to gain unauthorized access to any service, data, account or network by any means,

  • use the Software in any way which breaches any applicable local, national or international law,

  • use the Software for any purpose that Trading Conceiver considers is a breach of this EULA agreement.

Trading Conceiver reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.

By using our Software you acknowledge and agree that your use of the Software, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules and regulations.

Intellectual Property

No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. Trading Conceiver shall retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Trading Conceiver.

In addition to the general rules above, the provisions in this Section apply specifically to your use of Trading Conceiver content used in a Software (Trading Conceiver content). Trading Conceiver content used in this Software, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Trading Conceiver in perpetuity, and are subject to copyright, trademark, and/or patent protection.

Trading Conceiver content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Trading Conceiver. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this EULA agreement.

Collection and Use of Your Information

You acknowledge that when you download, install, use the Software, purchase and install a license, Trading Conceiver may use automatic means to collect information about your Device and about your use of the Software. The information collected about your computer can be, for instance, but not limited to, hardware configuration or operating system characteristics and settings. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Software or certain of its features or functionality.

All information we collect through or in connection with this Software is transmitted to our servers through the internet, either upon explicit user request or sometimes automatically in the background, without notification to the user. It is then stored in our servers.

Trading Conceiver may use such information to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. The licensor reserves the right to monitor the use of the Software and the license at any time.

This information is subject to our Privacy policy, that you can find on the web site. By downloading, installing, using, purchasing and installing a license and providing information to or through this Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Updates

Trading Conceiver may from time to time, in its sole discretion, develop and provide Software updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates").

Updates may also modify or delete in their entirety certain features and functionality. As a corollary updates are not guaranteed to be backward compatible.

You agree that Trading Conceiver has no obligation to provide any Updates and that errors in the application will not necessarily be corrected. You also agree that Trading Conceiver has no obligation to continue to provide or enable any particular features or functionality.

Based on your Device settings, when your Device is connected to the internet either:

  • the Software will automatically download and install all available Updates; or

  • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Software or portions thereof may not properly operate should you fail to do so.

Sometimes, Trading Conceiver might force an update to the latest version, without user consent.

You further agree that all Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.

Disclaimer of Warranties

SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND Trading Conceiver MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.

Trading Conceiver MAKES NO WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

Trading Conceiver MAKES NO WARRANTIES THAT OPERATION OF THE SOFTWARE WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY, IS AT YOUR SOLE RISK AND DISCRETION.

NO ORAL OR WRITTEN ADVICE PROVIDED BY Trading Conceiver OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. IN PARTICULAR, THE USER MANUAL AND THE WEBSITE IN GENERAL DESCRIBING Trading Conceiver, ARE INTENDED ONLY TO SHOW HOW TO USE THE SOFTWARE, THEY ARE NOT A SPECIFICATION OR A STANDARD, SO THEY DO NOT IMPLY ANY GUARANTEE ABOUT THE FUNCTIONALITY OR PERFORMANCE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. Trading Conceiver DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Trading Real Money

Although Trading Conceiver is a very powerful tool, the only thing it actually does is to simulate what would have happened in the past if the trading system you conceived had been applied to the historical data you provide. That and trading real markets with real money are completely different things.

Trading the markets with real money involves other aspects not contemplated nor addressed by Trading Conceiver, like fundamental analysis of the underlying stocks or markets, risk management assessment, risk propensity, diversification of the investments, asset allocation, psychology of investing, just to name a few.

Moreover, simulated results are surely different from what would happen in the real world. This is for a variety of reasons, like slippage (different trade execution price than intended because the price skips that value very fast), low volumes (you can't trade at the desired price because no one is willing to buy or sell your stocks at that price). Different outcomes arise also because of different tax and fee policy applied than those used by Trading Conceiver.

Always remember the old adage stating that past results don't imply future results. If a trading algorithm performed well in the past, that doesn't mean it will do so even in the future. It could seem obvious, but Trading Conceiver can make computations only in the past, not in the future.

Finally, remember that all software have bugs, and Trading Conceiver is no exception. So there could be bugs in the computations leading to wrong results.

Trading real markets is risky and could result in considerable loss. Most non-professionals lose their money trading by themselves. That is why usually consulting a professional financial advisor is the best choice.

If you decide to trade real money, you do so solely at your own risk. You and you alone are responsible for your trading or investment decisions.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Trading Conceiver, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF MONEY, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, AND INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Trading Conceiver OR ANY OTHER PARTY, EVEN IF Trading Conceiver IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IN NO EVENT SHALL Trading Conceiver’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE LICENSE, IF ANY.

THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SOFTWARE. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.

Indemnity

You agree to protect, defend, indemnify and hold harmless Trading Conceiver and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Trading Conceiver directly or indirectly arising from (i) your use of the Software; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Termination

This EULA agreement is effective from the date you first download, install or use the Software and shall continue until terminated. You may terminate this Agreement by deleting the Software and all copies thereof from your Device.

This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

The Software may contain mechanisms to disable or terminate Customer’s access to or use of the Software upon the breach or termination of Customer’s license thereto.

Compliance with Local Laws

Trading Conceiver makes no representation or warranty that all the content available on this Software are appropriate in every country or jurisdiction and use of this Software from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules and regulations.

Governing Law

This EULA agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Italy, court of Monza (MB), to the exclusion of conflict of law rules.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability

Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Contact Information

If you have any questions about this EULA agreement, please contact us




This EULA was created using Termshub's EULA Generator.