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Customer Agreement

Septa Fx Global Ltd Software End User License Agreement

  • Forex capital markets, ("Septa Fx Global Ltd"), and each of its affiliates and subsidiaries (collectively, "Septa Fx Global Ltd") is willing to license the software (defined below) to you only upon the condition that you accept all of the terms contained in this end user license agreement ("eula"). This eula is a legal agreement between you and Septa Fx Global Ltd. Read it carefully before completing the installation process and/or using the software. By using the software you acknowledge that you have read the terms of the eula and agree to them. If you are agreeing to these terms on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to these terms. If you do not have such authority, or if you do not wish to be bound by the terms, then you cannot use the software identified below or any other media on which the software is contained.
  • The Company is registered and regulated and governed by the Law of England and Wales. Any legal claims will be a subject of the court hearings. Company’s legal address is Suite 71- 75 Shelton Street, Convent Garden, London, WC2H 9JQ, United Kingdom.

Definitions

  • Software- Software is defined as downloadable Septa Fx Global Ltd platforms and API's, including but not limited to Trading Station, Active Trader, as well as any other software, updates or error corrections provided by Septa Fx Global Ltd, and any associated data, media, files, user manuals, programming guides, signals, messages, alerts and other documentation provided to you by Septa Fx Global Ltd or otherwise disseminated by Septa Fx Global Ltd.
  • License- License is defined as a limited, revocable, non-sub licensable, non-exclusive, non-transferable right to use Software, granted to you.

Scope And Limitations

  • You may not rent, lease, lend, sell, redistribute, reuse, retransmit, sublicense or exploit the Software including the Software text, graphics, video, audio, codes, user interface design or logs. You may not copy (except as expressly permitted by this EULA), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof including but not limited to the Software text, graphics, video, audio, codes, user interface design or logs. Any attempt to do so is a violation of the rights of Septa Fx Global Ltd.
  • The terms of the EULA will govern any upgrades provided by Septa Fx Global Ltd that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 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. The information provided to you in the Software is the exclusive proprietary content of Septa Fx Global Ltd and where applicable, its third party vendors, licensors and the affiliates thereof.
  • Nothing in this EULA shall provide you with any proprietary rights in the Software or any information provided to you in the Software.

Risks

  • As a condition to this License you understand and agree that your download and/or use of the Software will expose you to risks associated with the download and/or use of software that may not be compatible with your computer equipment.
  • You hereby agree to accept such risks, including, but not limited to, failure of or damage to, hardware, software, communication lines or systems.
  • And/Or other computer equipment.
  • Septa Fx Global Ltd expressly disclaims any liability with respect to the foregoing, and you agree to fully indemnify, defend and hold harmless.
  • Septa Fx Global Ltd from any and all damages, liabilities, losses, costs and expenses that may arise there from.

Links To Third Party Content

  • Septa Fx Global Ltd does not make any express or implied warranties about the Septa Fx Global Ltd sites, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Septa Fx Global Ltd sites are made available to you "as is" and "as available" and Septa Fx Global Ltd does not warrant that any defects or inaccuracies will be corrected.
  • Septa Fx Global Ltd does not warrant that the Septa Fx Global Ltd sites will meet your needs, or that they will be uninterrupted, timely, secure or error-free. Septa Fx Global Ltd also makes no warranty that the results obtained from the use of the Septa Fx Global Ltd sites will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Septa Fx Global Ltd sites will meet your expectations.

Disclaimer and limitation of liability

  • You may link to third party content through the use of the Software. The third party sites are not under the control of Septa Fx Global Ltd and Septa Fx Global Ltd is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites.
  • Inclusion of any link does not imply an endorsement by Septa Fx Global Ltd of the third party site. Certain third-party information transmitted in the Software may require additional approvals by the vendor or third party that supplies such information.
  • You are responsible for making application to and receiving such written approval by the required third-party and paying any fees or charges where applicable.

Termination

  • The License granted to you under this EULA can be terminated by Septa Fx Global Ltd at any time without notice, with or without cause. Septa Fx Global Ltd reserves the right to terminate your rights under this License without notice from Septa Fx Global Ltd if you fail to comply with any term(s) of this EULA. Upon termination of the License, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software. You acknowledge that certain information is being supplied by third parties with whom Septa Fx Global Ltd has entered into an agreement. In the event any agreement between a third party provider of information or software and Septa Fx Global Ltd is terminated, Septa Fx Global Ltd will stop providing you with this information or software immediately and without notice.

No Warranty

  • Septa Fx Global Ltd does not make any express or implied warranties about the software, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The software is made available to you "as is" and "as available" and Septa Fx Global Ltd does not warrant that any defects or inaccuracies will be corrected. Septa Fx Global Ltd does not warrant that the software will meet your needs, or that your use will be uninterrupted, timely, secure or error-free. Septa Fx Global Ltd also makes no warranty that the results obtained from the use of the software will be accurate or reliable, or that the quality of any products, services, information, or other material related to the software will meet your expectations. No oral or written information or advice given by Septa Fx Global Ltd or its authorized representative shall create a warranty. Septa Fx Global Ltd and its third party content providers, third party licensors and any affiliates thereof do not make any express or implied warranties regarding the accuracy or timeliness of any and all information provided via the software. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
  • Furthermore, except as otherwise required by law, Septa Fx Global Ltd will not be liable to you or anyone else for any loss resulting from a cause over which such Septa Fx Global Ltd does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
  • Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
  • Use of any third-party software will be governed by the applicable license agreement, if any, with such third party. Septa Fx Global Ltd is not responsible for any third-party software and will have no liability of any kind for losses resulting from your use of such third-party software with septa Septa Fx Global Ltd’s software. Septa Fx Global Ltd makes no warranty of any kind with respect to such third-party software.

Consent To Use Of Data

You agree that Septa Fx Global Ltd may collect and use technical data and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to this EULA.

Intellectual Property

You acknowledge that the Software is protected by copyright and other intellectual property laws. You further acknowledge that all right, title and interest therein are the sole property of Septa Fx Global Ltd and its third party licensors, where applicable, and that you receive no rights, title or interests in the Software except as expressly set forth herein. You agree not to challenge either Septa Fx Global Ltd's or any third party licensor's rights in or otherwise attempt to assert any rights in the Software, except those provided under this EULA.

Governing Laws And Jurisdiction

Unless otherwise agreed, this EULA and it's enforcement is governed by the laws of the state of England and Wales, London, United Kingdom, without regard to principles of conflicts of law, and shall inure to the benefit of Septa Fx Global Ltd's successors and assigns, whether by merger, consolidation, or otherwise. Provided however, that nothing herein shall prevent Septa Fx Global Ltd from bringing any action in the courts of England and Wales jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Governing Language

Any translation of this License is done for local requirements or for your convenience. In the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

Modifications to the EULA

Septa Fx Global Ltd reserves the right to change the terms and conditions of the EULA at any time with or without notice by posting such changes on the www.septafx.com website. You are responsible for regularly reviewing these terms and conditions for any modifications and agree to be bound by the same.