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. SCOPE OF THIS AGREEMENT. This End-User License Agreement is made between GAIN Capital Group, LLC ('Company') and you ('User') governing your installation and use of the ForexTrader ('Software') by completing the registration process to open and hold a foreign currency trading account with Company. This Agreement protects both the installation and usage of the Software and any and all associated software components, media, user guides, and training or education materials, whether in electronic or paper form (collectively the 'Software Product') entered into when you complete the registration process to open said account with Company. RELATIONSHIP TO GAIN CAPITAL AND GAIN CAPITAL SERVICES. If you have a foreign currency trading account with GAIN Capital, you are a GAIN Capital customer and ForexTrader is an 'electronic service' within the meaning of GAIN Capital's Customer Agreement.
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Your use of ForexTrader is subject to the provisions of the Customer Agreement you executed with the Company in order to open a trading account with Company. You acknowledge and attest that ForexTrader, as an electronic advice, is not intended to provide investment, tax or legal advice. ForexTrader is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. User's access to ForexTrader is licensed and not sold. In the event a conflict arises between the rights and obligations conferred by this License Agreement and the Customer Agreement, the Customer Agreement will prevail. If you do not have a foreign currency trading account with Company, you are not a Company customer, and you acknowledge and agree that GAIN Capital owes you no duties and has made no representations of any kind whatsoever to you other than as may be set forth expressly in this Agreement. You also acknowledge and agree to the following terms and conditions:.
By making ForexTrader available to you, Company is not providing you with any investment, tax or other form of advice, and ForexTrader's sole purpose. Should you open a foreign currency trading account with Company in the future, your use of ForexTrader will be governed by the Customer Agreement and this License Agreement. Your use of ForexTrader will be in a manner not inconsistent with applicable laws and regulations;. ForexTrader incorporates market data and other information (collectively 'Market Data') that GAIN Capital receives from our agents, vendors or partners ('Third Party Providers').
GAIN Capital does not endorse or approve the Market Information and makes it available to you only as a service and convenience. GAIN Capital and our Third Party Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or (2) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither GAIN Capital nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither GAIN Capital nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by GAIN Capital to receive Market Information.
User agrees that from time to time, ForexTrader may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment (hardware) malfunctions, (b) software malfunctions, (c) periodic maintenance procedures or repairs which Company may undertake from time to time, or (d) causes beyond the reasonable control of Company or which causes are not reasonably foreseeable by Company. Company is not responsible, directly or indirectly, for the performance and/or reliability of the Third Party Providers or User's Internet Service Provider ('ISP'). User shall be solely responsible for providing, maintaining and ensuring compatibility with the Software, all hardware, electrical and other physical requirements for User's use of the Software including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the Software. ELECTRONIC SIGNATURE AND DELIVERY. ForexTrader includes important disclosures and information that are associated with ForexTrader's electronic content and services. When you click 'I agree' below you will be signing and consenting to signing ForexTrader License Agreement electronically and to electronic delivery of the disclosures and information contained in ForexTrader. OTHER EFFECTS OF YOUR SIGNATURE BELOW.
By clicking 'I agree' below, you will also confirm your understanding, acceptance and receipt of ForexTrader License Agreement and its terms and conditions and you will acknowledge and demonstrate that you can access ForexTrader and the other electronic disclosures and information associated with the Software Product. This is required in order to install ForexTrader. We will be creating an electronic record that you have downloaded ForexTrader, are using it, and that you have agreed to the terms of the ForexTrader License Agreement. If you do not agree to the terms of this Agreement, do not install or use ForexTrader and select 'Cancel' below. GRANT OF LICENSE.
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GAIN Capital grants you a non-exclusive, non-transferable license to install and use a copy of ForexTrader in multiple computers running a validly licensed copy of Windows© for which GAIN developed and designed ForexTrader. You acknowledge that GAIN Capital has granted this license to you for mutual consideration. This license is restricted to your personal use or if user is a corporate entity for the use of its employees in the course of each individual's employment for the limited purposes described in the user's guide and any training materials. This license permits you to make one copy of ForexTrader for backup or archival purposes only. Any copying and/or redistribution or alternatively facilitating in redistribution of ForexTrader is strictly prohibited without the prior express written consent by Company. You are acquiring no right to use, and shall not use, without GAIN Capital's prior written consent, the terms or existence of this Agreement, the names, characters, artwork, designs, trade names, copyrighted materials, trademarks or service markets of GAIN Capital, its affiliates, agents, vendors and licensors. ForexTrader is provided in object code form only.
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RESTRICTIONS ON USE.