Last revised: 01-June-2008
END USER LICENCE AGREEMENT
This agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety. Please note that the Agreement constitutes a legally binding agreement between you and the creators of Thinking Stuff's Auto-Trading Machine, its distributors, directors, licensors, contributors and agents ("Us" or "We").
PAST PERFORMANCE NO GUARANTEE
Past performance is no guarantee of future earnings. Markets can, and do, change personality.
Any investments, trades, or otherwise made in light of the information provided to you by this Software, are committed at your own risk, financial or otherwise.
DISCLAIMER
The product is provided "AS IS" with all faults. To the extent permitted by law, we hereby disclaim all warranties, whether express or implied, including without limitation warranties that the product is free of defects, merchantable, fit for a particular purpose, non-infringing, nor other program limitations. You bear entire risk as to selecting the product for your purposes, using the information provided by this product for trading purposes, and as to the quality and performance of the product. This limitation will apply notwithstanding the failure of essential purpose.
Regardless of our efforts to provide you with service of the highest quality, we make no warranty that the Thinking Stuff's Auto-Trading Machine Software ("the Software"), the Thinking Stuff website ("the Site"), nor the webservice used to verify Subscription levels, will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses of bugs.
LIMITATION OF LIABILITY
Except as required by law, we will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this agreement or the use of or inability to use the product, including without limitation damages for loss of goodwill, work stoppage, loss of business, loss of profits or investment, loss of data, computer failure or malfunction, or the like. Even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. The liability under this agreement will not exceed the fees paid by you under this licence (if any).
PERSONAL RESPONSIBILITY
Before risking real money, you must test your trading system(s) and this Software in demonstration accounts, where no money is at risk, until you are personally satisfied that (a) the trading system(s) are profitable; and (b) that this Software works in a way that you expect and trust. These steps are to be performed after each new release of the Software, as with each new release comes the possibility of new bugs being introduced.
By allowing this Software to trade in your real live account with your real money, you agree that you have performed all steps necessary in order to minimise your risk, and will in no way hold us responsible for any losses, monetary or otherwise.
TIMELINESS OF ALERTS
Alerts are sent via email and/or SMS. While the vast majority of emails and SMS messages arrive at their destination within seconds of having been sent, sometimes they can take hours and even days to arrive. Such delays are simply the nature of the Internet, and are in no way the fault of the Software.
COPYRIGHT
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
SUBSCRIPTIONS
This Software works on a subscription basis. That is, a subscription payment is made, and then, after a certain amount of time, that subscription expires unless a further payment is made. Unless you have chosen to use the Trial Version of the Software, the check to determine which modules you have subscribed to is performed each time the Software is started, and then at least once every 24 hours after that.
Because your subscription details are stored on a centralised server, you must be connected to the Internet whenever the subscription level check is performed. i.e. whenever the Software is started, and at least once every 24 hours after that. You can disconnect within the 24 hours, but if there is no connection when the check is being performed, the Software will revert to its Trial Version mode.
There are several modules, all of which are considered separate, and all of which require their own subscription payments. You may subscribe to any combination of the modules.
TRIAL VERSION
The Software will run in its Trial Version mode if (a) you select that option when starting the Software; (b) you are not actually subscribed to any modules; (c) you have no connection to the Internet when your subscription level is being checked; or (d) the webservice that determines subscription levels is not functioning.
The Trial Version of the Software can be used for an unlimited time, but some features will be crippled.
VERIFICATION
Subscriptions are tied to a particular hard-drive (HDD). The hard drive brand-name and serial number will be sent to the webservice which determines subscription levels.
If you want to install the Software on a different computer, or different hard-drive in the same computer, you simply need to send us the brand-name and serial number of both the old and new hard-drives. The Software will then work on your new computer (or hard-drive), but not the old one.
If you are worried about us knowing your hard-drives brand-name and serial number, please think of a car. A car has an engine, and that engine has an identifying number (or serial number). Knowing that engine's serial number does not gain you access to the car. It is the same with the hard-drive.
PRIVACY
None of your information will be provided to any third party, for fee or otherwise.
The exception to this rule will be if a law enforcement or other government agency requests the information, and has a legally valid basis for their request.
See the following webpage for the full Privacy Policy:
http://www.thinkingstuff.com/privacy-policy.aspx
DATABASE
You have full access to the database where the Software stores its data. You therefore have the ability to view and change any of the data stored, including administrative data and tables that the Software needs in order to work correctly. Do not change anything. Should you require our support, and it is determined that the fault came about because of changes you have made to that administrative data and/or tables, you will be charged a fee of US$250 per hour (rounded up to the nearest hour). The Software allows for multiple databases to be created and used. If you want to experiment, please create a database especially for that purpose.
PARTNERSHIPS
Because you have full access to the database, you have the freedom to create software which works off the Software's data structure, and/or off the data downloaded by the Software. We are open to partnerships, however creative the arrangement.
PROHIBITED ACTIONS
Except as permitted above, you shall not, nor allow others to, in whole or in part, emulate, sub-licence, distribute, sell, transfer, exploit, alter, modify, adapt or translate the Software nor decompile, dissemble or reverse engineer the same nor attempt to do such thing.
PERSONAL USE
Unless in the possession of written consent from us, the Software is currently intended solely for your personal use. Commercial use of the Software, or using the Software as part of a business plan from which you earn money (such as, but not limited to, using the Software to perform automatic trading in another person's account for fee or commission), is strictly forbidden without this written permission. Please contact us for further information.
TERMINATION
You agree that upon discovery of prohibited use by you, or that you have engaged in fraudulent, unlawful or improper activity while using the Software, or that you have failed to comply with the terms and conditions contained herein, any Subscriptions shall be cancelled, with any Subscription payments forfeited. In such event, you must destroy all of your copies of the Software.
AMENDMENT
We reserve the right to change this Agreement at any time with or without notice (although we will make all efforts to notify you) and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Software shall be deemed to attest to your agreement to any amendments to the Agreement.
GOVERNING LAW
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of Queensland, Australia. Each party irrevocably agrees that the relevant courts of Queensland shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
SEVERABILITY
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
POSTGRESQL DATA BASE MANAGEMENT SYSTEM
http://www.postgresql.org
Portions Copyright (c) 1996-2005, PostgreSQL Global Development Group
Portions Copyright (c) 1994-1996 Regents of the University of California
Permission to use, copy, modify, and distribute this software and its documentation for any purpose, without fee, and without a written agreement is hereby granted, provided that the above copyright notice and this paragraph and the following two paragraphs appear in all copies.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
TA-LIB
http://ta-lib.org
TA-Lib Copyright (c) 1999-2006, Mario Fortier
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither name of author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
GNWIZARD
http://www.codeproject.com/KB/vb/GNWizard.aspx
Copyright (c) 2005/6 Gary Noble
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by Gary Noble"
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GARY NOBLE OR ANY CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
OTHER PROJECTS
The Software also includes the following open source projects:
ZedGraph
http://www.codeproject.com/KB/graphics/zedgraph.aspx
InformationBox
http://www.codeplex.com/InfoBox
PopupNotifier
http://www.codeproject.com/KB/cpp/PopupNotifier.aspx
Cheat's Outlook Bar
http://www.codeproject.com/KB/menus/CheatsOutlookBar.aspx
Data Access Layer
http://www.codeproject.com/KB/database/data_access_layer.aspx