EULA

End User License Agreement For Customers

Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.

By downloading the Software, you agree to be bound by this EULA. If you do not agree to be bound by this EULA, you must promptly return the Software. Before you download the Software from our website, we will ask you to give your express agreement to the provisions of this EULA. By agreeing to be bound by this EULA, you further agree that you will comply with the provision of this EULA.

AGREEMENT

1. Definitions

1.1 Except to the extent expressly provided otherwise, in this EULA:

Charges” means those amounts that the parties have agreed in writing shall be payable by the User to the Licensor in respect of this EULA;

Documentation” means the documentation for the Software produced by the Licensor and delivered or made available by the Licensor to the User;

Effective Date” means the date upon which the User gives the User’s express consent to this EULA, following the issue of this EULA by the Licensor;

EULA” means this end user license agreement, including any amendments to this end user license agreement from time to time;

Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

Licensor” means nascenttraders.com of Gujarat, India and its principal author Mr. Rakesh Solanki

Licensor Indemnity Event” has the meaning given to it in Clause 13.1;

Maintenance Services” means any subsequent upgrade or update in plugin/software/documentation

Minimum Term” means, in respect of this EULA, the period of 12 months beginning on the Effective Date

Services” means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA

Software” means plugins/software that the user have purchased from Licensor

Software Defect” means a defect, error or bug in the Software having an adverse effect on the appearance, operation, functionality or performance of the Software, but excluding any defect, error or bug caused by or arising as a result of

(a) any act or omission of the User or any person authorized by the User to use the Software;

(b) any use of the Software contrary to the Documentation by the User or any person authorized by the User to use the Software;

(c) a failure of the User to perform or observe any of its obligations in this EULA; and/or

(d) an incompatibility between the Software and any other system, network, application, program, hardware or software not specified as compatible in the Software Specification;

Software Specification” means the specification for the Software set out in the Documentation;

Source Code” means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code comprised of the Software;

Support Services” means support in relation to the use of the Software and the identification and resolution of errors in the Software, but shall not include the provision of training services whether in relation to the Software or otherwise;

Term” means the term of this EULA, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;

Update” means a hotfix, patch or minor version update to the Software;

Upgrade” means a major version upgrade of the Software;

User” means the person to whom the Licensor grants a right to use the Software under this EULA;

User Indemnity Event” has the meaning given to it in Clause 13.3.

Credit

This document was created using a template from SEQ Legal (http://www.seqlegal.com)

2. Disclaimer

2.1 All trades, patterns, charts, systems, indicator, software, plugin, codes, backtest reports etc. discussed or sold by nascenttraders.com are for illustrative purpose only and not construed as specific advisory recommendations. All ideas and material presented herein are for information and educational purpose only. Trading and investment in any market securities contain substantial risk and is not suitable for every investor. An investor could potentially lose all or more than the initial investment. Past performance is not necessarily indicative of future performance. The author of www.nascenttraders.com is not a financial advisor and not registered with any of the financial advisor license governing body neither of India nor any other country. So you are requested to consult with their own independent financial advisor with respect to any investment and trading decision.

2.2 Our Service may contain links to third-party websites or services that are not owned or controlled by nascenttraders.com.

2.3 nascenttraders.com has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that nascenttraders.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

2.4 We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

2.5 These Terms shall be governed and construed in accordance with the laws of Gujarat, India, without regard to its conflict of law provisions.

2.6 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

2.7 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

2.8 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. If you have any questions about these Terms, please contact us.

3. Term

3.1 This EULA shall come into force on the Effective Date.

3.2 This EULA shall continue in force up to the time the user continues to use the product or service from the licensor, subject to termination in accordance with Clause 15.

4. Licence

4.1 The Licensor hereby grants to the User from the date of supply of the Software to the User until the end of the term a worldwide, non-exclusive license to:

(a) install a single instance of the Software;

(b) use a single instance of the Software in accordance with the Documentation; and

(c) create, store and maintain up to 5 backup copies of the Software, subject to the limitations and prohibitions set out and referred to in this Clause 4.

4.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 4.1 in any condition. 4.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any license granted under this Clause 4 shall be subject to the following prohibitions:

(a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software;

(b) the User must not alter, edit or adapt the Software; and

(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.

4.4 The User shall be responsible for the security of copies of the Software supplied to the User under this EULA[ (or created from such copies)] and shall use all reasonable endeavours (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorised to use them under this EULA.

5. Source Code

5.1 Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any license of the Source Code.

6. Maintenance Services

6.1 The Licensor shall provide the Maintenance Services to the User during the Term.

6.2 The Licensor shall provide the Maintenance Services with reasonable skill and care.

6.3 The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the Licensor will not introduce any Software Defects into the Software.

6.4 The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the User in accordance with the instructions of the Licensor will not introduce any Software Defects into the Software.

6.5 The Licensor may suspend the provision of the Maintenance Services if any amount due to be paid by the User to the Licensor under this EULA is overdue, and the Licensor has given to the User at least 30 days’ written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.

6.6 The Licensor may terminate the Maintenance Services by giving to the User at least 30 days’]written notice expiring on or at any time after the first anniversary of the Effective Date.

6.7 If the Licensor stops or makes a good faith decision to stop providing maintenance services in relation to the Software to its customers generally, then the Licensor may terminate the Maintenance Services by giving at least 30 days’ written notice of termination to the User.

6.8 If the Maintenance Services are terminated in accordance with the provisions of this Clause 6:

(a) the User must pay to the Licensor any outstanding Charges in respect of Maintenance Services provided to the User before the termination of the Maintenance Services;

(b) the Licensor is not liable for any refund to the User any Charges paid by the User to the Licensor in respect of Maintenance Services that were to be provided to the User after the termination of the Maintenance Services; and

(c) the provisions of this Clause 6, excluding this Clause 6.8, shall cease to apply, but the other provisions of this EULA will continue notwithstanding such termination.

7. Support Services

7.1 The Licensor shall provide the Support Services to the User for installation of software or plugins on the users’ system but never provide any advice or recommendations to buy or sell any tradeable securities during the Term.

7.2 The Licensor shall provide the Support Services with reasonable skill and care.

7.3 The Licensor may suspend the provision of the Support Services if any amount due to be paid by the User to the Licensor under this EULA is overdue, and the Licensor has given to the User at least 30 days’ written notice, following the amount becoming overdue, of its intention to suspend the Support Services on this basis.

7.4 The Licensor may terminate the Support Services by giving to the User at least 30 days’ written notice expiring on or at any time after the first anniversary of the Effective Date.

7.5 If the Support Services are terminated in accordance with the provisions of this Clause 7:

(a) the User must pay to the Licensor any outstanding Charges in respect of Support Services provided to the User before the termination of the Support Services;

(b) the Licensor is not liable for any refund to the User any Charges paid by the User to the Licensor in respect of Support Services that were to be provided to the User after the termination of the Support Services; and

(c) the provisions of this Clause 7, excluding this Clause 7.5, shall cease to apply, but the other provisions of this EULA will continue notwithstanding such termination.

8. No assignment of Intellectual Property Rights

8.1 Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.

9. Charges

9.1 The User shall pay the Charges to the Licensor in accordance with this EULA.

9.2 All amounts stated in or in relation to this EULA are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the User to the Licensor.

10. Payments

10.1 Any payment done by the user for software/plugins is strictly charges for coding of software and indicator or system logic and backtesting and upgrade of software logic in the future as and when required by the author. It is never meant for any kind of trading advice or neither any recommendations to buy or sell any kind of securities including stock market, forex, commodities, bonds, index.

10.2 The Licensor shall issue a receipt for the Charges to the User after the confirmation of receipt of payment at the Licensor’s end.

10.3 The User must pay the Charges to the Licensor in advance for any purchase.

10.4 The User must pay the Charges by debit card, credit card, direct debit, bank transfer (using such payment details as are notified by the Licensor to the User from time to time).

10.5 If the User does not pay any amount properly due to the Licensor under this EULA, the Licensor may:

(a) charge the User interest on the overdue amount at the rate of 12% per annum (which interest will accrue daily until the date of actual payment and be compounded at the end of each named calendar month); or

(b) claim interest and statutory compensation from the User pursuant to the Late Payment of Commercial Debts (Interest) Act.

10.6 Payments made for books and subscriptions are strictly meant for the education of user, the author does not guarantee that any of the method, system, indicator or logic discussed in the books will work in practical trading. Because everything discussed in the books is best from the experiences and knowledge of the author of the books depending on the past, so past experiences may not be useful in the future and present time in actual trading. The author strictly discourage you for trading in any kind of tradable securities without advice of your financial advisor.

We strongly suggest to use free trial of plugins and software products before purchase. We assume that you have used the trial product and the customer is satisfied with the working of product and there is no issue from the customer side. Hence we do not issue refunds for plugins and software products once the order is confirmed and the product is installed. We recommend contacting us for assistance if you experience any issues installing or downloading our products.

If you have any questions about our Returns and Refunds Policy, please contact us at sales@nascenttraders.com

11. Warranties

11.1 The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.

11.2 The Licensor warrants to the User that:

(a) the Software as provided will conform in all material respects with the Software Specification;

(b) the Software will be supplied free of viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and

(c) the Software shall incorporate security features reflecting the requirements of good industry practice.

11.3 The Licensor warrants to the User that the Software, when used by the User in accordance with this EULA, will not breach any laws, statutes or regulations applicable under law.

11.4 The Licensor warrants to the User that the Software, when used by the User in accordance with this EULA, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.

11.5 If the Licensor reasonably determines, or any third party alleges, that the use of the Software by the User in accordance with this EULA infringes any person’s Intellectual Property Rights, the Licensor may acting reasonably modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights, providing that any such modification must not introduce any Software Defects into the Software and must not result in the Software failing to conform with the Software Specification.

11.6 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.

11.7 All of the parties’ warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.

12. Acknowledgements and warranty limitations

12.1 The User acknowledges that complex software is never wholly free from defects, errors, and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors, and bugs.

12.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.

12.3 The User acknowledges that the Software is only designed to be compatible with that software specified as compatible in the Software Specification; and the Licensor does not warrant or represent that the Software will be compatible with any other software.

12.4 The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to the Software; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the Licensor.

13. Indemnities

13.1 The Licensor shall not be liable for any damage or loss arising from the improper working of the software/plugins, trading system, indicator, education etc. The licensor is also not liable for any damage or loss of any kind arising from normal, abnormal working or misinterpretation from any of the product including but not limited to software, plugins, books, video etc.

14. Limitations and exclusions of liability

14.1 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.

14.2 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.

14.3 The Licensor will not be liable to the User in respect of any loss of capital, revenue or income.

14.4 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.

14.5 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.

14.6 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.

14.7 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the total amount paid and payable by the User to the Licensor under this EULA in the 12 month period preceding the commencement of the event or events.

14.8 The aggregate liability of the Licensor to the User under this EULA shall not exceed the greater of the total amount paid and payable by the User to the Licensor under this EULA.

15. Termination

15.1 The Licensor may terminate this EULA by giving to the User not less than 30 days’ written notice of termination, expiring at the end of any calendar month.

15.2 The User may terminate this EULA by giving to the Licensor not less than 30 days’ written notice of termination, expiring at the end of any calendar month.

15.3 Either party may terminate this EULA immediately by giving written a notice of termination to the other party if:

(a) the other party commits any breach of this EULA, and the breach is not remediable;

(b) the other party commits a breach of this EULA, and the breach is remediable but the other party fails to remedy the breach within the period of 30 days following the giving of a written notice to the other party requiring the breach to be remedied; or

(c) the other party persistently breaches this EULA (irrespective of whether such breaches collectively constitute a material breach).

15.4 Either party may terminate this EULA immediately by giving written a notice of termination to the other party if:

(a) the other party:

(i) is dissolved;

(ii) ceases to conduct all (or substantially all) of its business;

(iii) is or becomes unable to pay its debts as they fall due;

(iv) is or becomes insolvent or is declared insolvent; or

(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganization where the resulting entity will assume all the obligations of the other party under this EULA); or

(d) if that other party is an individual:

(i) that other party dies;

(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or

(iii) that the other party is the subject of a bankruptcy petition or order.

15.5 The Licensor may terminate this EULA immediately by giving a written notice to the User if:

(a) any amount due to be paid by the User to the Licensor under this EULA is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and

(b) the Licensor has given to the User at least 30 days’ written notice, following the failure to pay, of its intention to terminate this EULA in accordance with this Clause 15.5.

16. Effects of termination

16.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses 1, 4.1, 10.2, 10.4, 13, 14, 16, 17 and 19].

16.2 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.

16.3 Within 30 days following the termination of this EULA for any reason:

(a) the User must pay to the Licensor any Charges in respect of Services provided to the User before the termination of this EULA and in respect of licenses in effect before the termination of this EULA; and

(b) the Licensor must refund to the User any Charges paid by the User to the Licensor in respect of Services that were to be (but are not) provided to the User after the termination of this EULA and in respect of licences that were to be (but are not) in effect after the termination of this EULA, without prejudice to the parties’ other legal rights.

16.4 For the avoidance of doubt, the licences of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use the Software upon the termination of this EULA.

16.5 Within 10 Business Days following the termination of this EULA, the User must:

(a) return to the Licensor or dispose of as the Licensor may instruct all media in its possession or control containing the Software;

(b) irrevocably delete from all computer systems in its possession or control all copies of the Software.

17. General

17.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.

17.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

17.3 This EULA may not be varied except by a written document signed by or on behalf of each of the parties.

17.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this EULA.

17.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.

17.6 Nothing in this EULA shall exclude or limit any liability of a party for fraud or fraudulent misrepresentation, or any other liability of a party that may not be excluded or limited under applicable law.

17.7 Subject to Clauses 14.1 and 17.6, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

17.8 This EULA shall be governed by and construed in accordance with law.

17.9 The courts shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

18. Returns and Refunds Policy

We strongly suggest to use free trial of plugins and software products before purchase. We assume that you have used the trial product and the customer is satisfied with the working of product and there is no issue from the customer side. Hence we do not issue refunds for plugins and software products once the order is confirmed and the product is installed. We recommend contacting us for assistance if you experience any issues installing or downloading our products.

If you have any questions about our Returns and Refunds Policy, please contact us at sales@nascenttraders.com

 19. Interpretation

19.1 In this EULA, a reference to a statute or statutory provision includes a reference to:

(a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b) any subordinate legislation made under that statute or statutory provision.

19.2 The Clause headings do not affect the interpretation of this EULA.

19.3 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.