ChaosHunter Trader User License Agreement
Ward Systems Group, Inc. licenses ChaosHunter Trader software under the following terms and conditions, which you should read carefully before installing the software. Your installation or use of ChaosHunter Trader indicates acceptance of these terms and conditions.
1. TITLE AND LICENSE. Title and full ownership rights to ChaosHunter Trader shall remain with and are hereby retained by Ward Systems Group, Inc. You may use ChaosHunter Trader on several computers so long as you, solely, are the only operator of this software on all such computers at all times. It may not be used in a multi-user environment by more than one user. A multi-user license may be obtained from Ward Systems Group, Inc. at reduced rates. You may not rent or sublease ChaosHunter Trader, but you may transfer ownership permanently provided you do not retain any part of the software or documentation, and the new owner accepts the terms and conditions of this agreement.
2. INTERNET CONNECTION REQUIRED. ChaosHunter Trader requires a live Internet connection during ChaosHunter Trader startup and each time a new trading model is added. You agree that it is your responsibility to assure that your software or hardware firewalls allow ChaosHunter Trader to make all such connections. At the first logon on any computer a valid serial number and password are required. You acknowledge and accept that hardware and software difficulties may sometimes temporarily prevent ChaosHunter Trader from starting, and you agree to assume this risk.
3. LIMITED WARRANTY. ChaosHunter Trader is warranted to operate substantially as described in the accompanying documentation for a period of 30 days. If you are not satisfied with ChaosHunter Trader you may request a refund within 30 days from receipt. You must also send Ward Systems Group, Inc. a letter or email stating that all copies of the software in any form have been removed. Shipping costs (if any) will not be refunded, and credit card or bank processing fees incurred by Ward Systems Group will be deducted from the refund. After 30 days, there will be no refund at all.
ChaosHunter Trader cannot reasonably be expected to operate on hardware, operating systems versions, or brokerage interfaces that did not exist when the last release of ChaosHunter Trader was created. New versions may render ChaosHunter Trader obsolete, so you must first verify that ChaosHunter Trader will run on new versions when upgrading your computer, operating system, or brokerage platform in the future. Contact Ward Systems Group, Inc. to see if new releases of ChaosHunter Trader are available for your planned upgrades in the future. Ward Systems Group, Inc. reserves the right to require purchase of any such new release.
Financial trading comes with substantial risk of loss, including possible loss of principal and other losses, even when using computerized trading methods, formulas, and systems. Success of a formula or trading method in the past does not guarantee or even imply success in the future. The use of any trading system or strategy does not and cannot guarantee that you will make profits, increase profits or minimize losses. Additionally, trading results based upon hypothetical or historically-tested trading systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can completely account for the level of risk present in actual trading. There is no guarantee that your hypothetical trading results, even if tested against historical data, will produce comparable actual trading results. In fact, there are frequently sharp differences between hypothetical or historically-tested performance results and the actual results subsequently achieved by any particular trading system or strategy. You agree that you understand the risks.
The remedy for breach of this warranty is limited to refund of purchase price. Ward Systems Group, Inc. will not be liable for any consequential, special, direct, indirect, incidental, or other similar damages or claims from the use of ChaosHunter Trader or any services provided therewith even if Ward Systems Group, Inc. or its agents have been advised of the possibility of such damages.
Ward Systems Group, Inc. provides ChaosHunter Trader without any other warranties, expressed or implied, written or oral, including warranties for fitness for a particular purpose. In fact, Ward Systems Group, Inc. makes no warranty that ChaosHunter Trader will make adequate predictions, classifications, or trading models for any purpose. The entire risk as to the applicability, quality, and performance of ChaosHunter Trader rests with you.
4. HACKING AND PIRACY. Any attempts to use a false serial number, hack, reverse engineer, deconstruct, distribute your software to others, distribute your serial number and password to others, or any other attempts to circumvent our software protection authorization process will result in the termination of your license and the forfeiture of your right to a refund. Any such attempt may also constitute grounds for legal and criminal action.
5. USING THE SOFTWARE TO MAKE INVESTMENT AND TRADING DECISIONS OR TO INITIATE TRADES. All software, including ChaosHunter Trader, contains errors, and all financial market and similar databases and services contain inaccuracies and mistakes and are incomplete in certain respects. You are strongly advised to verify pricing and all other relevant information prior to making any trade or investment. Once trading is initiated, failures in hardware or software may terminate the connections between ChasHunter Trader and the brokerage. Upon resumption of the connection there may be lost trades and fills, and ChaosHunter Trader and the brokerage may then be unsynchronized with respect to positions, trades, and fills. ChaosHunter Trader does not attempt to remedy these conditions, and you will be required to inspect positions and remedy any inconsistences manually. YOU, SOLELY, FULLY ASSUME THE RISK THAT ERRORS OR INACCURACIES IN THE SOFTWARE AND/OR THE DATA MAY RESULT IN YOUR REACHING CONCLUSIONS THAT YOU MIGHT NOT OR WOULD NOT HAVE REACHED HAD SUCH ERRORS AND/OR INACCURACIES NOT BEEN PRESENT. FURTHER, YOU, SOLELY FULLY ASSUME THE RISK THAT SOFTWARE AND/OR HARDWARE ERRORS MAY CAUSE FAILURES IN THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR OTHER CHANNELS, OR INACCURACIES IN INFORMATION BEING SO TRANSMITTED. YOU AGREE THAT WARD SYSTEMS GROUP SHALL HAVE NO LIABILITY WHATEVER FOR ANY CONSEQUENCES OF SUCH ERRORS, INACCURACIES OR FAILURES.
6. CHOICE OF LAW. This Agreement shall be deemed to have been made in the State of Maryland and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of Maryland, USA. Venue for any dispute shall be proper only in Frederick County, Maryland.
7. GENERAL. If any provision herein is held to be unenforceable or void, that provision will be deemed to be deleted and shall not affect the validity of the Agreement or any other provision, each provision being severable and independent. This Agreement constitutes the entire understanding regarding ChaosHunter Trader, and any prior communications, advertising, or representations, including all requirements in your purchase order, are superseded. You agree that Ward Systems Group, Inc. is not bound by any terms or conditions in your purchase order or other prior agreements or requirements of your company. This Agreement may only be modified in writing between you and Ward Systems Group, Inc. Questions concerning this Agreement should be directed to Ward Systems Group, Inc.