Impressum

 

Trinhof Limited    Nov. 6 - 2007

 

Trinhof Limited - End User License Agreement

 

IMPORTANT -- READ CAREFULLY BEFORE installing and USING THIS SOFTWARE:

 

This End-User License Agreement ("EULA") is a legal agreement between “you” (either an individual or a single entity)  and Trinhof Limited ("Trinhof")  covering your use of  Trinhof’s Software, user manual and related materials including electronically stored documentation on associated media or on our website (the "Software”). The term "Software" shall also include any upgrades, modified versions, and copies of the Software licensed to you by Trinhof.

 

Our Software is licensed and not sold.

 

By clicking on the "accept" button, downloading the Software, installing and/or using Trinhof Software you accept all the terms and conditions of this agreement. If you do not agree to the terms of this EULA, do not install and/or use our Software. If you have already installed this Software and do not agree to these terms, please uninstall the Software and immediately discontinue its use. You agree that your use of the Software acknowledges that you have read this license and understand it.

 

Grant of License

 

Trinhof grants the following rights to you:

 

 

Test License – Demoversion and Reduced Version (30 day evaluation period)

 

Trinhof grants you a non-exclusive and non-transferable right - limited to one 30 day evaluation period - for the internal, non-commercial use of the Software on a single computer. Trinhof grants you this test license only once for the same version of the same product.

 

Full License

 

If you want to use the Software after the 30 day evaluation period you have to pay the license fee for the full license. After receiving your payment Trinhof will send you a license key for the full license and grant you a non-exclusive, limited-transferable right of use for the full license use of the Software on a single computer. If you change the hardware configuration of  this computer you might have to repeat the activation process by getting a new license key-pair from Trinhof. Trinhof will not be liable for losses caused by this interruption of the Software’s functioning.

 

If the full license of the Software is installed on a network server or other storage device, you must purchase a license for each separate computer on which the Software is used. You may transfer the full license of the Software and all rights under this agreement to another party together with a copy of this agreement if the other party agrees to accept the terms of this agreement. If you transfer the Software, you must at the same time delete all copies of the Software on your computer.

 

Please use the 30 day evaluation period to thoroughly test the system (including the historical data feature)  because there is no money back guarantee. Since the Software is delivered by download the money back guarantee required by German law does not apply (§ 312 d IV BGB,  Widerrufsrecht - right to return a product within 4 weeks after purchase).

 

 

Intellectual Property Ownership

 

The Software is owned by Trinhof. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Trinhof and/or its licensors. The Software is protected by copyright laws and international copyright treaties. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Trinhof and/or its licensors.

 

You may copy the Software only for backup purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software.

 

 

License Restrictions, warnings, prohibited and recommended use (bestimmungsgemäßer Gebrauch) of the Software

 

 

 

You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human readable form. You may not modify, adapt, translate, rent, lease, loan, sublicense, assign, resell for proof, distribute, network the Software or create derivative works based upon the Software or any part thereof.

 

You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data.  The Software has no built in mechanisms for securing your data. If the Software receives or transmits messages from and to your broker (e.g. executions or orders) you shall be still solely responsible for the confidentiality and integrity of these messages and the content that you receive, transmit through or store via the Software. You shall be solely responsible for any authorized or unauthorized access to any of your accounts by any person or entity.

 

Trinhof does not warrant that the Software will be error free. Trinhof does not make any warranty as to any results that may be obtained by use of the Software. The Software may be inaccessible or inoperable for any reason, including, without limitation hardware and software malfunctions, periodic maintenance procedures or repairs which Trinhof may undertake from time to time, or causes beyond the reasonable control of Trinhof or which causes are not reasonably foreseeable by Trinhof.


You shall be solely responsible for providing, maintaining and  ensuring compatibility of the Software with all your other software and hardware including, without limitation, telecommunications and Internet connections, web browsers and other programs and services required to access and use the Software.

 

You acknowledge and agree that the entire risk arising out of the use or performance of the Software remains with you, to the maximum extent permitted by law.


 You are solely responsible for checking the accuracy and timeliness of the data received by the Software from Third party applications. Trinhof is not responsible for delivering data to your computer.

 

The Software relies on the correct functioning of the API (Application Programming Interface) of the data provider. Trinhof is not responsible for the availability of the API and the data flow received via this API. Third parties like brokers or data providers might decide to change their APIs, stop to provide their data in their current form or change their fees for the data subscriptions.  This is beyond Trinhof’s control and could happen anytime starting from the day you bought the Software.  Trinhof will try to adapt the Software

 

Due to international differences between local time and number formats it could happen, that all or only certain price data are stored in a wrong format (e.g. 1.3496 instead of 1.3496. The same could happen with date and/or time formats e.g. mixing up day and month 03/07/2007 instead of 07/03/2007. These problems could arise when the data are processed by the Software, when they are stored in the database or when they are retrieved from the database. Therefore you have to compare the data that have been processed and or stored by the Software with the actual market data before you make any investment decisions based on these processed data. Changes at your computer system like new program installations or version updates could also affect the formatting of date/time or numbers without you noticing it.

 

Another problem that could lead to wrong decisions are missing data which are not recognised as such by you or your analysis algorithms. That means that besides formal accuracy you have to make sure that the data behind your charts are also timely continuous.  

 

In order to receive data from the TWS and send commands to the TWS your computer has to be added to the list of trusted IP addresses in the TWS Configure-menu, that TWS allows to connect to itself via port 7496 without manually confirming the 'Accept incoming connection?' dialogue. This constitutes a potential risk, because another application could try to access the TWS via this door and place orders or read your portfolio data. You have to make sure that you are running a firewall that does not allow connections via port 7496 and check your computer for suspicious programs (Trojans etc.), which could try to access the TWS from your own computer. It is assumed that these programs that can hijack your computer can be bought, so this constitutes a real danger especially if it is known that your account has an open door which is not continuously controlled by a human.  The computer on which you run the Software should not be used for other internet-related activities like web browsing, instant messaging and email and you should not run other applications or programs (games, tools etc.) that you do not really trust on your computer.  So even when the Software and your associated programs seem to run smoothly you should not leave your computer alone with your account.l

 

Trinhof is not responsible, directly or indirectly, for the performance of your connection to your data provider or broker. 

 

Trinhof does not recommend using the Software for automated trading without human supervision.

 

 

Limitation of Warranty

 

Trinhof warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt) when used in the recommended way and with the recommended Software and hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software. Your sole and exclusive remedy for any breach of warranty is that Trinhof will at its option either refund you or replace your Software so long as you return the Software with a copy of your dated proof of purchase and a description of the problem.

 

Except for the express warranty of the original Software set forth above, this Software is provided "As-Is" and you accept the entire risk as to the quality and performance of the Software. To the maximum extent permitted by applicable law, Trinhof and its licensors, disclaim all other warranties, express or implied, by statute or otherwise, regarding the Software, including the fitness for a particular purpose, quality, merchantability, or their noninfringement. No oral or written information or advice given by Trinhof and its licensors, their respective employees, distributors, dealers or agents shall increase the scope of the above warranties or create any new warranties. The liability of Trinhof or its licensors under the warranty set forth above is limited to the amount paid by the customer for the product. Some states do not allow this exclusion of implied warranties, so the exclusion may not apply to you. In that event, any implied warranties are limited in duration to 90 days (or to the minimum period permitted by law whichever is longer) from the date of your purchase of the Software.

 

Trinhof and its licensors will have no responsibility of any kind to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in such data contained in the Software. Various information in the Software constantly changes, and the information in the Software is only current as of a particular date or time. You may not rely on the Software without confirming research from other sources, obtaining current information, separate analysis by you for your own particular investment or financial situation. Trinhof and its licensors can not warrant that the operation of the Software will be uninterrupted or error free, that the Software will meet your requirements. Trinhof, its licensors, officers, directors, agents, employees, distributors or dealers are not responsible for any financial losses due to the direct or indirect use of this Software.

 

You realize that there is risk in trading and that assets may be lost and are not insured.  Trinhof is absolutely not responsible, directly or indirectly, for your stock, future, option or other security order, purchase and sale actions. 

 

Disclaimer of Warranty

 

Except for the express warranty of the original Software set forth above, this Software is provided "As-Is" and you accept the entire risk as to the quality and performance of the Software. Trinhof does not warrant that the Software is error-free or will operate without interruption. Trinhof hereby disclaims

to the maximum extent permitted by applicable law all other warranties, whether express or implied, including without limitation warranties that the product is free of defects, merchantable, fit for a particular purpose and non-infringing. Trinhof makes absolutely no warranties with reference to third party vendor/broker Software and/or services.

 

 

Limitation of Liability

 

THIS SOFTWARE IS PROVIDED "AS IS" WITH ALL FAULTS. IN NO EVENT SHALL Trinhof OR OTHER AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING THE INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES).

 

You are required to take all reasonable measures to avoid and reduce damages subject to the provisions of this Agreement. Trinhof will not be responsible for any loss due to a bug or malfunction in the Software.

 

Under no circumstances, and under no legal theory, tort, contract or otherwise, will Trinhof or its licensors, be liable to you for any damages, including any lost profits, lost data or other indirect, special, incidental or consequential damages, arising out of the use or inability to use the Software or any data supplied, even if Trinhof, its licensors or authorized dealer has been advised of the possibility of such damages, or for any claim by any other party. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages so this limitation and exclusion may not apply to you.

 

If you bought the Software in Germany or Austria and usually reside in Germany or Austria then the aforementioned limitation of liability does not apply to you. In this case the following applies to you:

 

Trinhof’s  liability to you  is limited to damages  caused by intent and / or gross negligence. The aforementioned limitation of liability shall not apply to a culpably caused breach of material contractual obligations, to liability for assuming a specific guarantee, to any mandatory statutory liability, in particular, to liability under the German Product Liability liability and to liability for culpably caused personal injuries. Trinhof shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation

 

Where liability cannot be excluded but it may be limited, Trinhof’s liability and that of its suppliers shall be limited to the greater of 500 Euros (five hundred Euros) and the fees paid by you under this license.

 

 

Indemnification

 

You agree to indemnify, defend and hold Trinhof and the Trinhof staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of Trinhof ‘s Software.

 

Jurisdiction’s Limitations

 

As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability and/or  warranty will be limited as far as legally possible under the applicable legislation. 

 

Termination

 

If you breach this Agreement your right to use the Software will terminate immediately and without notice, but all provisions of this agreement except the License Grant will survive termination and continue in effect. Upon termination, you must destroy all copies of the Software.

 

Governing Law

 

This Agreement will be made in Germany and be governed exclusively by German law. The application of the UN Sales Convention (CISG) is explicitly excluded. Exclusive venue for both parties shall be the court that has jurisdiction for Trinhof in Germany.

 

Integration

This agreement is the complete and exclusive statement of the agreement between You and Trinhof which supersedes any proposal or prior agreement, oral or written, and any other communications between You and Trinhof in relation to the subject matter of this agreement. This agreement may only be modified in writing signed by an authorised officer of Trinhof.

 

Severability

 

If any provision of this agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force.

 

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.

 

 

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