END-USER LICENSE AGREEMENT – IFEsolution/CFDsolution
This End-User License Agreement (the "EULA") is effective as of Effective Date: Submition of online form,
BETWEEN: Forex College (the "Company") a Sole Proprietor. Address: Hugo Street, Rant-en-Dal, Mogalecity, 1739, Gauteng.
This is a legally binding agreement between you (either an individual or single entity), referred to herein as "Licensee" and FOREX COLLEGE, and referred herein as the "COMPANY". This software entitled IFEsolution & CFDsolution Programs and all documents, support, services and material included in it are referred to herein as the "SOFTWARE" or the "DOCUMENTS". Installing, opening or using all or any portion of this software indicates Licensee's acceptance of all the terms and conditions of this End-User License Agreement referred to herein as "EULA" and that this agreement is equivalent to a written agreement signed by Licensee. By selecting the box "I AGREE" or performing a similar electronic function, Licensee is providing Licensee's acceptance of the terms of this agreement. This agreement is enforceable against Licensee and any legal entity that obtained the software and on whose behalf it is used. If Licensee does not agree to the terms of this agreement, please do not use this software.
IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH OFFER FOR SALE, LICENSE OR SUB-LICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS SOFTWARE OR THE DOCUMENTS IN HARDCOPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.
The use of this software is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all documents included in the Software and to the Software in its whole part or part of the Software. Licensee has deemed to have read, understood and accepted the terms of this EULA when Licensee install or use the Software.
1. PAYMENTS TO COMPANY
1.1 The Licensee agrees to pay the Company for the, Software license and any or all services or training offered by Company as per this Agreement Annexure A.
1.2 The Licensee chooses the full upfront payment as per Annexure A.
1.3 On signature hereof the Licensee agrees to make the Full Payment within seven (7) days, or in the case of EFT's or Bank Deposit's, as stated on Invoice.
1.4 Payments shall be made Online via our Payment Portal, MonsterPay in South-African Rands (ZAR). (As per Annexure A). OR
1.5 In the case of EFT / Bank Deposit, Licensee will be invoiced using the current USD/ZAR exchange rate and EFT's will be to a South-Africa Bank Account.
1.6 If the Licensee fails to make any payment to the Company under this Agreement on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
a) If the payment is Seven (7) days past due, lock the account and all services and obligations will be suspended. Locked accounts will be unlocked and services be restored only upon receipt of all payments due.
b) Restrict access to all or any of the Classroom Session.
c) Suspend the performance or further performance of its obligations under this Agreement without liability to the Licensee.
d) Suspend (by notice in writing) the Licensee's right to use the Software until payment in full is made (and the Licensee shall so comply with such suspension), and
e) Charge the Licensee interest (both before and after any judgment) on the amount outstanding on a daily basis at the rate of 15.5% per annum, such interest to be calculated from the date or last date of payment thereof to the date of actual payment (both dates inclusive) compounded quarterly. Such interest shall be payable on demand.
1.7 All assessment fees to qualify for the Certificate of Completion are included in this agreement.
1.8 The provisions of this Section shall survive the termination of this Agreement.
2. LIMITED LICENSE. Licensee is granted a limited non-exclusive license to install the Software on two (2) individual computers for Licensee's own use provided that such computer does not render the Software accessible to other users through local or internet networks or other methods. Only the individual that installed the Software, as indicated by the user information provide when installing the Software, will have the license to use the Documents. Use by any other person, company, affiliate, corporation, Limited Liability Company, trust, or other separate legal entity will require a separate license. This includes companies that may be affiliated to Licensee by ownership or otherwise. The license granted herein shall remain in effect perpetually, but shall terminate upon Licensee's use of the Software beyond the scope licensed herein or upon Licensee's violation of any term or condition hereof. All protection with which the Company is provided under this EULA shall survive the termination of
Licensee's license to use the Software.
3. PROPRIETARY RIGHTS. The Company retains all titles, ownership, and intellectual property rights in the Software, including but not limited to all supporting documentation, files, marketing material, images, multimedia and applets. The Software is protected by copyright and other intellectual property laws and by international treaties. The Software may include security measures designed to control access and prevent unauthorized copying and use. Licensee agrees not to interfere with any such security components. The Company permits Licensee to download, install and use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this EULA. Use of third party material included in the Software may be subject to the terms and conditions typically found in the party's own license agreement.
4. CONFEDENTIALITY. Each party agrees that it shall not disclose to any third party any information concerning the licenses, trade secrets, methods, process or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this EULA, without the prior written consent of such party. This obligation shall survive the cancelation or other termination of this EULA. The Software contains trade secrets and proprietary know-how that belong to the Company and is being made available to Licensee in strict confidence. ANY USE OR DISCLOSURE OF THIS SOFTWARE, OR ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS EULA, MAY BE ACTIONABLE AS A VIOLATION OF THE COMPANY'S TRADE SECRET RIGHTS.
5. NON-TRANSFER OF RIGHTS. Licensee may not rent, lease sell, sublicense, assign or transfer Licensee's rights in the software, or authorize any portion of the software to be copied onto another individual or legal entity's computer.
6. ALLOWED USAGE. Upon fulfilling Licensee's obligations towards properly installing and registering the Software or obtaining a valid Software license key, Licensee are permitted to do the following:
6.1 Disclose any final executed Document reflecting a consummated transaction or executed agreement to the SEC (or any other security regulation agency) where necessary as part of a required securities law filing and other government agencies as part of a required filing.
6.2 Licensee may make one copy of the original media on which Licensee obtained the Software solely for backup or archival purposes. Licensee may not otherwise make copies of the Software. Licensee agree that any copies of the software which Licensee make pursuant to this EULA shall bear all copyright, trademarks and other proprietary notices included herein by the Company and, except as expressly authorized herein, Licensee shall not distribute the same to any third party without Company's prior written consent.
7. OPERATING ENVIRONMENT. The Software, and each module or component and function thereof, shall be capable of operating fully and correctly on the combination of computer equipment ("Hardware") the programming language and the Operating System specified in Annexure A.
8. RESTRICTIONS. Licensee may not: (i) modify or create any derivative works of the Software or documentation, including customization, any modifications or enhancements, translations or localization without Company's express written consent; (ii) reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of the Software, or the underlying ideas or algorithms of the Software; (iii) attempt to gain unauthorized access to Documents, Company servers or any other service, account, computer system or network associated with the Software or with Company, it's affiliates, agents, partners and customers; (iv) remove or alter any trademark, logo, copyright or other proprietary notices or symbols in the Software; (v) block, disable, or otherwise affect any advertising, banner window, tab, link to websites and services, or other features that are part of the Software; (vi) incorporate. Integrate or otherwise include the Software or any portion thereof into any software, program or product; (vii) provide false information when registering the Software; (viii) digitally transmit or make available the Software or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via public network such as the Internet; (ix) use the Software in any way that violates this EULA or any law; or (x) authorize or assist any third party to do any of the things described in this section.
9. PUBLICITY. Licensee shall not refer to the existence of this EULA in any press release, website, advertising or any publicly distributed or accessible material, without the prior written consent of the Company.
10. ADDITIONAL FEATURES & CONTENT. Certain portions of the Software may be locked or unavailable in the free version if any. In order to upgrade the Software or use additional content and features Licensee must (i) provide valid registration information and (ii) pay a license fee to obtain a valid Software license key. All software license key holders are subject to the terms and conditions of this EULA.
11. SOFTWARE LICENSE KEY. Certain features or content of the Software may require the purchase of a Software license key. Licensee agrees not to attempt to, and not to, control, disable, modify or remove any component of the Software license key protection system. Licensee also agrees not to access, attempt to access, copy, share or distribute the license key for any purpose.
12. SOFTWARE UPDATES. By using the Software, Licensee consent to receiving software updates, modifications, and/or patches that address issues such as security, interoperability, and performance. Licensee's use of the updates shall be governed by this EULA unless Licensee is asked to agree to a new EULA at the time of download installation.
13.1 SOFTWARE IMPROVEMENT PROGRAM. By participating in the Company's Software Improvement Program, Licensee allow Company to collect anonymous information relating to Licensee's use of the Software, such as the frequency of Licensee's use of the Software and of certain features, and information on errors occurring during Licensee's use of the Software. This anonymous usage data will be used to diagnose performance issues and improve the reliability of the Software and its features. This data will not be tied to any information that would personally identify Licensee.
13.2 PERSONAL INFORMATION. During the installation process, or at some time thereafter, Licensee may be asked to provide certain information that will be used to personalize certain Documents, send Licensee Company information via email or mail, and customize some information presented to Licensee through the Software. Both personal and non-personal information collected by the Company is safeguarded according to the highest privacy and data protection
14. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, COMPANY AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR THE INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES DOE LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
15. DISCLAIMER OF WARRANTY. LICENSEE ACCEPT THE SOFTWARE "AS IS" AND WITH ALL FAULTS (IF ANY). COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE CONTENT OF THE DOCUMENTS, AND LICENSEE'S USE OF THE DOCUMENTS, OR THE SUITABILITY OF THE DOCUMENTS TO MEET LICENSEES SPECIFIC NEEDS. THERE MAY BE LAWS APPLICABLE IN SOUTH AFRICA THAT NEEDS TO BE ADDRESS. The Company makes no warranties with respect to the Documents as described above and as such should be no reason for Licensee to bring any grievance against Company. However, if Licensee do bring any action, claim, suit, threat or demand against Company, and Licensee do not have substantially prevail, Licensee shall pay Company's entire attorney fees and cost attached to such action. In the same token, if Company is forced to take legal action to enforce this EULA or any of its rights described herein or under any law, Licensee will pay Company's attorney fees and cost.
16. VIOLATIONS OF THIS EULA. The Company reserve all rights not specifically granted to Licensee above. The Company will have the right to proceed against Licensee in the event that Licensee infringes against the Company's rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. Licensee acknowledges and agrees that the Company's damages in the event of Licensee violation of this EULA will be substantial and that the Company will suffer irreparable harm in such event. As such, the Company shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
17. TERMINATION. The Company shall have the sole and exclusive right to immediately terminate this EULA and suspend Licensee license to use the Software should Licensee fail to perform any obligation required under this EULA, engage in any activity that the Company deems harmful to its well-being or if Licensee become bankrupt or insolvent. This EULA takes effect upon Licensee's signature here on and on Licensee's installation of the Software and remains effective until terminated. Upon termination of this EULA by the Company, Licensee shall return to Company the original and all hard copies, and uninstall the Software in the prescribe manner as form time to time available, and supply Company with the unique Uninstall Code.
18. WAIVER & SEVERABILITY. The Company's waiver of any breach of this EULA shall not constitute an amendment to this EULA or Company's waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balances of this EULA, which will remain valid and enforceable according to its terms.
19. RESTRICTED RIGHTS LEGEND FOR GOVERNMENTAL USE. The Company in its whole, like any Software, Documents, or other information that is downloaded through accessing the Company's website, partner websites and download sites for and on behalf of South Africa, its agencies and/or instrumentalities ("South Africa Government"), is provided with Restricted Rights.
20. ELECTRONIC NOTICES. Licensee consent that the Company may provide Licensee with information and notices regarding the Software about the Company via the email address Licensee designated when installing the Software or thereafter. The Company may provide notices to Licensee via (i) email if Licensee has provided company with a valid email address, or (ii) by posting the notice on the company's website or the Software download site which Company owns and operates. Licensee may withdraw Licensee's consent for electronic notices.
21. AMENDMENTS. The Company reserves the right to unilaterally amend all offers, pricing terms or other matters pertaining to the Software, Company's website or this EULA. No course of dealing or trade usage shall be deemed to amend the terms of this EULA.
22. CANCELLATION AND CANCELLATION FEES
22.1 The Licensee is entitled to cancel this contract within seven days. This cancellation must be conveyed in writing and must be received by FOREX COLLEGE within this seven (7) day period, at e-mail email@example.com.
22.2 A cancellation fee of R1,500.00 (ZAR) will be payable by the Licensee to the company on cancellation of this product, if any payments was already made to the Company.
22.3 The Unique Deactivation Code for the ESD (Electronic Software Download) Products must be provided by the Licensee to the Company within this seven day period.
22.4 All promotional and other items received from the Company need to be returned to the Company in unused and pristine condition at expense of the Licensee. All items will go through a diagnostic check prior to a refund being made.
22.5 No cancelation will be accepted if any or all classroom sessions were attended OR now show at scheduled classroom sessions, without proper notification.
23. GOVERNING LAW. This EULA shall be governed by and construed under the laws of South Africa. Licensee consent and agree that all legal proceedings relating to the subject matter of this EULA shall be maintained in the Magistrate courts Sandton sitting with in the Province of Gauteng, South Africa.
24. COMPLETE AGREEMENT. This EULA contains the entire agreement of the Parties hereto with respect to the matters covered hereby, and no other agreement, statement or promise made by any Party hereto, which is not contained herein, shall be binding or valid. In addition, if any term or provision of this Agreement or the application thereof
to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced as written to the fullest extent permitted by law.
25. Forex Trading & CFD's Trading Risk Disclaimer: Trading foreign exchange carries a significant level of risk to the capital you invest. Therefore, you should only trade money that you can afford to lose. The trading of these products may not be suitable for all investors or traders. You must ensure that you fully understand the risk involved and seek independent advice if necessary. All responsible care has been taken to ensure that the information included in this website is accurate and complete and all opinions expressed provide no guarantee of profits for any investor or trader in Forex College. Forex College will accept no liability for any loss which directly or indirectly may arise from this information. None of the information provided constitutes investment or trading advice.
26. COMPANY INFORMATION As per Annexure A Email completed form to EMAIL: firstname.lastname@example.org SUBJECT: IFE EULA Agree Full-time. FOREX COLLEGE and the Software are the registered trademarks of Forex College, a Sole Proprietor in South-Africa.