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SOFTWARE LICENSE AGREEMENT  

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.


Single User License Grant: Maximus Ltd. ("Maximus") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Maximus software ("Software") in object code form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by Maximus


Multiple-Users License Grant: Maximus Ltd. ("Maximus") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Maximus software ("Software") in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer for which Customer has paid a license fee ("Permitted Number of Computers"); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate) and (ii) for which Customer has received a product authorization key ("PAK"). Customer grants to Maximus or its independent accountants the right to examine its books, records and accounts during Customer's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to Maximus the appropriate licensee fee for the additional computers or users. At Maximus's option, Maximus may terminate this license for failure to pay the required license fee.


Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.


EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.


Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Maximus. Customer agrees 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 Maximus. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Maximus.


This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Maximus if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.


Refund Policy
By purchasing or using the Software, you acknowledge that you have exercised due diligence in ascertaining that the Software will run on your intended system. You further acknowledge that the Software meets your requirements and expectations, having reviewed the Software's operation on the demo web sites based on the Software.


For the versions of Software that do not have any refund specifically included in the terms of sale or in the Software package, all sales are final. Once the product is delivered as described in the "Distribution" section of the License, you may not claim any refund. In case you cancel your order prior to delivery of the Software, you may claim refund, however, banking and/or processing fees will apply.


For the versions of Software that contain a money-back guarantee provision in the terms of sale or in the Software package, the User has the right for a refund within the timeframe specified in the terms of sale or in the Software package purchased. To claim a refund, the User agrees to provide a written statement detailing the reasons of the refund request. The Owner may offer the User to resolve the issue(s) that have caused the User to request the refund, or may issue the refund. In the latter case, banking and/or processing fees will apply.


The Owner may also issue a refund to the User as the Owner's initiative. In the event a refund is issued, your License is terminated and you agree to destroy all copies of the Software and all installations of the Software.


Distribution
The Software is distributed in one of the following ways:
1. Email attachment. In this case, all of the Software's files will be packed into an electronic archive and attached to the electronic mail message sent to the electronic mail address designated by the User. The Software is considered delivered whenever such message is delivered into the designated mailbox.
2. Downloadable package. In this case, the Owner provides the User with a link to a location containing the electronic archive with the Software. The Software is considered delivered when the User accesses the package by any the network protocol.
3. Installation. In this case, the User provides the Owner with all information and access rights required for the Owner to successfully install the Software on User's server. The Software is considered delivered once the installation is successfully completed.

Limitations of Liability
In no event shall Maximus be liable fir any damages to you or any other party whether arising out of contract or from tort including loss of data, profits or business, or other special, incidental, exemplary or consequential damages, even if Maximus has been advised of the possibility of such loss or damages. Maximus cumulative liability shall not exceed the license fee paid, if any, for use of this Software and Documentation. This section shall survive termination of this License.


General
This agreement is governed by the laws of Russia.


 
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copyright (c) 2007 Maximus ltd.
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Neither TradeStation Technologies nor any of its affiliates has reviewed, certified, endorsed, approved, disapproved or recommended, and neither does or will review, certify, endorse, approve, disapprove or recommend, any trading software tool that is designed to be compatible with the TradeStation Open Platform.