THIS AGREEMENT is made by and between BuySide Global (“Vendor”) and (“Customer”). In consideration of the mutual agreements contained in this document, the parties, intending to be legally bound, agree as follows:
1. Vendor has conceived the Trading System or Indicators and hereby grants to Customer a limited, non-exclusive, non-transferable license to use the VENDOR software and intellectual property designated “the Licensed Software” (below) for Customer’s personal trading only. This license does not convey to Customer any interest in or to the Licensed Software, but only a limited right of use revocable by the terms of this Agreement. The Licensed Software shall be utilized by Customer only in accordance with this Agreement and shall not be copied into any other software (including any source code, object code or algorithms), modified or disclosed in any form by any media to any other person or party.
The Licensed Software includes the any trading system or indicator(s) provided to the customer by the Vendor. The aforementioned trading system or indicators will be configured to execute on one computer owned by the customer only, unless otherwise agreed upon in writing.
2. VENDOR will provide Customer with written documentation or verbal instructions pertaining to the Licensed Software.
3. Customer will be responsible for and obtaining and paying for a subscription to a data feed, and whatever else is necessary in order to use the Licensed Software, and to obtain a working version of charting software such as Ninja Trader.
4. VENDOR shall not be liable for, and neither Customer nor any person on behalf of customer shall hold or seek to hold VENDOR liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures and malfunctions, and other similar computer problems or defects. The Licensed Software is provided “as is,” and VENDOR disclaims and Customer hereby expressly waives, all warranties, express or implied, including any warranties or guarantees with respect to the Licensed Software, including without limitation, warranties of merchantability or fitness for a particular purpose. VENDOR shall not be liable to Customer or any third parties for any loss, cost, damage or other injury, (including but not limited to consequential, exemplary, special, indirect, incidental or punitive damages relative to loss of data, loss of use of any equipment or goods, network downtime costs, or for loss of profit or revenues arising there from) whether in contract or tort arising out of or caused in whole or in part by Customer’s use of or reliance on the Licensed Software or its content even if VENDOR is advised of the possibility of such damage. If some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the liability of VENDOR shall be limited in accordance with this Agreement to the extent permitted by law.
5. Customer understands and acknowledges that there is substantial risk in trading securities, commodities, futures, options and other instruments with or without the Licensed Software, and that past results are not necessarily indicative of future results or performance.
6. VENDOR makes no representations concerning the suitability of the Licensed Software for use by Customer. Customer should determine for himself or herself whether, and to what extent, the use of the Licensed Software is suitable for Customer
7. Customer will hold harmless and indemnify VENDOR and its officers, directors, employees and agents, from and against any and all losses, costs, damages and liabilities, including reasonable attorneys’ fees, resulting directly or indirectly from the use of the Licensed Software by Customer or Customer’s agents, including any claims brought against VENDOR that arise out of or relate to the use of the Licensed Software by Customer, or Customer’s agents.
8. Without the prior express written consent of VENDOR, Customer may not assign, sub-license, transfer, pledge, lease, rent or share Customer’s rights, duties or obligations under this Agreement to or with any person or entity, in whole or in part. This Agreement shall be binding upon and inure to the benefit of the respective parties, their legal representatives, successors and permitted assigns.
9. Customer represents and warrants the following as applicable: Customer is an individual trader, and will use the Licensed Software only to trade Customer’s personal and / or family account. For these purposes, a personal account is in the Customer’s name only, a joint account in the name of Customer and Customer’s spouse, or a Trust in the name of the Customer or Customer’s spouse. Customer agrees he will notify Vendor immediately if he is managing money, trading for others, offering trading related products or advice. BuySide Global reserves the right to terminate any licensing agreement in which customer engages in any of the aforementioned activities. Professional and institutional fee structure is 9x cost of license.
10. Customer acknowledges receipt of the BuySide Global Software and understands that all sales are final and non refundable.
11. License. If you have purchased a license to the Software, BuySide Global grants you a nonexclusive right and license to use the Software and the related documentation (the “Documentation”) as set forth in this Agreement. You may use the Software on a single computer. You may also use the Software on a second (portable or home) computer so long as only one copy is used at a time. You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. If you download the Software without physical delivery of Documentation, you may review the Documentation online, but you may not make further copies of the Documentation. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.
12. Copying, Transferring or Modifying Software. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the Software unless each user has an applicable license. You may not permit other individuals to use the Software except under the terms listed above. For the purposes of protecting BuySide Global trade secrets, you may not decompile, disassemble, reverse engineer or otherwise display the Software in human readable form. You may not modify, translate, rent, lease, distribute or lend the Software, and you may not sell to others the right to use the Software on your computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement.
13. Term. If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license are effective for a period of thirty (30) days from the date of installation of the Software.
14. Warranty Disclaimers. THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT BUYSIDE GLOBAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. BUYSIDE GLOBAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY BUYSIDE GLOBAL OR BY A REPRESENTATIVE OF BUYSIDE GLOBAL SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. Notwithstanding the above, you may have certain warranty rights which vary from state to state and which cannot be disclaimed by contract. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited by law.
15. Limitation of Liability. YOUR SOLE REMEDIES AND BUYSIDE GLOBAL’S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL BUYSIDE GLOBAL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL BUYSIDE GLOBAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that BuySide Global will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.
16. Export Control Laws. You agree to comply with all laws, rules and regulations applicable to the export of the Software or the Documentation. Specifically, you shall not export, re-export or transship the Software or the Documentation, or the direct product thereof, in violation of any United States laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17. Government Restricted Rights. The Software has been developed at private expense and is “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense.
Entire Agreement. This Agreement is the complete agreement between BuySide Global and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. If you have any questions concerning this Agreement, you may write to BuySide Global, Customer Service, at email@example.com
Since www.buysideglobal.com is offering non-tangible irrevocable goods, we do not issue refunds once the order is placed and the product is sent. As a customer, you are responsible for understanding this upon purchasing any item on our site.
Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner. Thank you for purchasing our products.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission. Futures and options trading have large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This document is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. If you decide to invest real money, all trading decisions should be your own.
There are no guarantees or certainties in trading. Reliability of trading strategies are in probabilities only. Trading involves hard work, risk, discipline and the ability to follow rules. If you are looking for guaranteed income, trading is not for you. Most people lose money with trading. A system can help you become consistent, but you have to stick to the system, AND develop your skill as a trader. The ability to be disciplined and control your emotions is even more important than any technical indicators a trader may use. BuySide Global, nor its principals, officers or employees are registered investment advisers, or brokers/dealers. By engaging in any material produced by BuySide Global, you agree that the information contained within is for educational and/or informational purposes only and is to be never construed as trading or investment advice.
No claims as to past, present or future profitability of our services or other BuySide Global systems are made, and there is no guarantee that the system will provide any profits to traders using the system, and may indeed cause such traders to incur losses.
CFTC RULE 4.41 – PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS, AND THIS DOES NOT GUARANTEE PROFITS OR PREVENTION OF LOSS. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE SIMILAR PROFITS DEPICTED IN ANY PRESENTATION OR PERFORMANCE REPORT.
Use caution and seek the advice of qualified professionals; check with your financial advisor, accountant, or attorney before acting on any of this information. Using any of the material developed by BuySide Global presumes you have fully read and understood the risks involved in trading futures/commodities as set forth in this disclosure. Testimonials are not indicative of future success and have not been independently verified.