IMPORTANT PLEASE READ CAREFULLY
END USER'S LICENSE AGREEMENT (EULA)
BY USING "THE PRODUCT(S)",
AND/OR "THE SOFTWARE", THE END USER ("YOU") AGREE TO BE LEGALLY BOUND
BY THIS "END USER LICENSE AGREEMENT"(EULA).
By accepting this Agreement, you Agree to
the following:
1. AGREE TO NOT DISCLOSE
You agree that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of 4X-ROX.com. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of 4X-ROX.com. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with 4X-ROX.com.
4X-ROX.com grants to You a nonexclusive and
nontransferable license to use the 4X-ROX.com PRODUCT(S) and/or SOFTWARE in object code
form (.ex4) solely on central processing units owned or leased by You.
2. DESCRIPTION OF SERVICE
www.4X-ROX.com provides users with trading
products and software (known as "THE PRODUCT(S)" and/or "THE
SOFTWARE") which can be used to place trades on the users trading account(s).
Unless explicitly stated otherwise, any new features that augment or enhance THE
PRODUCT(S) or SOFTWARE, including the release of new www.4X-ROX.com Product and/or
Software updates, shall be subject to THE AGREEMENT. You understand and agree that THE
PRODUCT(S) and/or SOFTWARE are provided "AS-IS" and that www.4X-ROX.com assumes
no responsibility for any trading gains and/or losses that may occur, PRODUCT(S) and/or
SOFTWARE failure or any other issue related to use of the PRODUCT(S) and/or SOFTWARE.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of THE
PRODUCT(S) and/or SOFTWARE, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by www.4X-ROX.coms registration form (such
information being the "Registration Data"). If you provide any information that
is untrue, inaccurate, not current or incomplete, or www.4X-ROX.com has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
www.4X-ROX.com reserves the right to suspend or terminate your current or future use of
THE PRODUCT(S) and/or SOFTWARE (or any portion thereof).
4. SPECIAL ADMONITIONS FOR INTERNATIONAL USERS
Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the USA, Canada or the country in which you
reside.
5. INDEMNITY
You agree to indemnify and hold
www.4X-ROX.com, and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including reasonable
attorneys' fees, caused through use of THE PRODUCT(S) and/or THE SOFTWARE your violation
of THE AGREEMENT, or your violation of any rights of another.
6. NO REPRODUCTION, DISTRIBUTION, OR EXPLOITATION OF PRODUCT(S) AND/OR SOFTWARE
EXCEPT AS EXPRESSLY AUTHORIZED,
YOU WILL NOT: COPY, IN WHOLE OR IN PART, PRODUCTS(S) AND/OR SOFTWARE OR DOCUMENTATION;
MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE
PRODUCT(S) AND/OR SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS
OF THE PRODUCT(S) AND/OR SOFTWARE OR DOCUMENTATION.
7. MODIFICATIONS TO PRODUCT(S) AND/OR SOFTWARE
www.4X-ROX.com reserves the right at any time to modify or discontinue, temporarily or permanently, THE PRODUCT(S) and/or SOFTWARE (or any part thereof) with or without notice. You agree that www.4X-ROX.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of THE PRODUCT(S) and/or SOFTWARE.
You agree that www.4X-ROX.com, in its sole
discretion, may terminate your use (or any part thereof) of THE PRODUCT(S) and/or SOFTWARE
for any reason, including, without limitation, for lack of use or if www.4X-ROX.com
believes that you have violated or acted inconsistently with the letter or spirit of THE
AGREEMENT. You agree that any termination of your access to THE PRODUCT(S) and/or SOFTWARE
under any provision of THE AGREEMENT may be effected without prior notice. Further, you
agree that www.4X-ROX.com shall not be liable to you or any third-party for any
termination of your access to THE PRODUCT(S) and/or SOFTWARE.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. www.4X-ROX.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM www.4X-ROX.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
B. www.4X-ROX.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE OR OTHER INTANGIBLE LOSSES RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE PRODUCT(S) AND/OR SOFTWARE;
2. ANY OTHER MATTER RELATING TO THE PRODUCT(S) AND/OR SOFTWARE.
9. GENERAL INFORMATION
THE AGREEMENT constitutes the entire agreement between you and www.4X-ROX.com and governs your use of THE PRODUCT(S) and/or SOFTWARE, superceding any prior agreements between you and www.4X-ROX.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of www.4X-ROX.com to exercise or enforce any right or provision of THE AGREEMENT shall not constitute a waiver of such right or provision. If any provision(s) of THE AGREEMENT is/are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision(s), and all other provisions of THE AGREEMENT shall remain in full force and effect.
For purposes of this Agreement, you Agree to be bound by any and all applicable Laws of the United States of America. This Agreement, and all transactions contemplated by this Agreement, shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada, USA, and any and all applicable Federal laws of the United States of America.
I further agree that my name (as typed below) shall be considered by and 4X-ROX.com and myself to be a legal signature in any court of law, binding me to THE AGREEMENT.
10. VIOLATIONS
Please report any violations of THE AGREEMENT to 4xrox.com@gmail.com
The United States No Electronic Theft Act
(NET Act), a federal law passed in 1997, provides for criminal prosecution of individuals
who engage in copyright infringement, even when there is no monetary profit or commercial
benefit from the infringement. Maximum penalties can be five years in prison and up to
$250,000 in fines.
The NET Act also raised statutory damages by 50%. The NET Act amends the definition of
"commercial advantage or private financial gain" to include the exchange of
copies of copyrighted works even if no money changes hands and specifies penalties of up
to five years in prison and up to $250,000 in fines. It also creates a threshold for
criminal liability even where the infringer neither obtained nor expected to obtain
anything of value for the infringement.
The act raised the levels of statutory damages in civil cases to $750 - $30,000 per work (and up to $150,000 per work in case of willful infringement).
Effective Date: November 10, 2008
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