Please read the terms and conditions of this Agreement carefully. Capitalized terms used herein shall be defined as set forth in Section I of this Agreement.
"FxProSoft Ltd." means the company FxProSoft Ltd. which is the right-holder of the www.fxprosoft.com website.
"MetaQuotes" means the company MetaQuotes Software Corp.
"Market" means the FxProSoft Ltd.-controlled marketplace located at www.fxprosoft.com where registered Developers are allowed to distribute Products to Users.
"User" means You, being any person or entity registered with FxProSoft Market and given a permission to use FxProSoft Market in accordance with the terms and conditions as set forth herein.
"Product" means a computer software, as well as any revisions, updates and new versions thereof, written in the MetaQuotes Language 4 (MQL4) or MetaQuotes Language 5 (MQL5) programming languages, which is designed as an application that can be launched by the User in the corresponding Client Terminal MetaTrader 4 or MetaTrader 5 and the copyright for which is held by the Developer. Product's distribution kit shall be distributed in the Internet via the Market service in electronic form. No tangible media shall be delivered to the User.
"Product License" means a limited, personal, non-exclusive, ordinary, non-sublicensable and non-transferable license to the Product which is acquired by User from FxProSoft Ltd. via the FxProSoft Market service and grants the right to User to download, install and use the Product on his computer for purposes of trading in the financial markets and exclusively for use with the MetaQuotes Software that can be explicitly provided by MetaQuotes.
"Developer" means You, being any person or entity registered on www.fxprosoft.com as a Seller and allowed to distribute Products under this Agreement.
"You" means You as a FxProSoft Market User ('Your' and 'Yours' shall be construed accordingly).
"Payment Processor" means a payment system authorized by FxProSoft Ltd. to provide payment processing services related to financial transactions in FxProSoft Market that enable Developers with Payment Accounts to receive payments from the sale of Licenses to the Products distributed via FxProSoft Market, and permit Users with Payment Accounts to credit money to their Internal User Accounts on FxProSoft Market.
"Payment Account" means a financial account issued by the Payment Processor in its payment system pursuant to a separate agreement with a User or Developer whose use of the Payment Account must be approved by the Payment Processor.
"MetaQuotes Software" means the software which is developed by, and copyright of, MetaQuotes Software Corp., under the registered trademarks "MetaTrader", "MQL4", "MetaTrader 5" and "MQL5" together with any updates, upgrades, revisions, modifications, new versions and related components, including, but not limited to, the MetaTrader 4 and MetaTrader 5 Trading Terminals, MQL4/5 IDE, User Interface, Documentation and MetaQuotes Website.
"Client Terminal" means either MetaTrader 4 or MetaTrader 5 trading terminal which represents a trader's workstation and enables a trader to trade in the financial markets. In addition to its updates, upgrades, revisions and new versions, Client Terminal includes the following components:
"Rules" mean Market service rules and conditions that apply to Your use of the Market service, published or declared in addition to this Agreement.
"Effective Date" means the date on which this Agreement is entered into by clicking on the "Continue", "Accept" or a similar button in accordance with the procedure set out below.
"Additional Terms" means the terms and conditions that apply to Your use of the Software, Products and Website of FxProSoft Ltd., published or declared in addition to this Agreement.
"Affiliated Entities" means any corporation, company or other entities that directly or indirectly control the operation of FxProSoft Ltd., are controlled by FxProSoft Ltd. or that are together with FxProSoft Ltd. controlled by third parties. For purposes of this document, "to control" and "controlled by" shall mean the direct or indirect ownership of more than 50% (Fifty percent) of the issued and outstanding ordinary shares of a corporation, company or another entity.
"Content" means any content, including text, audio files, images, pictures, video and/or any other type of information or communication.
"Trademarks" means trademark and service mark names, logos, domain names and other distinctive features of trademarks of their respective owners (or license holders).
"Intellectual Property Rights" means patents, patent applications, designs, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, technology, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.
"MetaQuotes Website" means all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL addresses www.metaquotes.net, www.metatrader4.com, www.mql4.com and www.metatrader5.com (among other URL addresses) from which the MetaQuotes Software can be downloaded.
"FxProSoft Ltd. Website" means all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL address www.fxprosoft.com.
"FxProSoft Ltd. Online Materials" means materials available for downloading from the FxProSoft Ltd. Website, as well as any changes made by FxProSoft Ltd. at its sole discretion.
"FxProSoft Ltd. Advertising Materials" means any trademarks, names, brands, logos, banners and any other materials in any form belonging and/or used by FxProSoft Ltd. to promote the company, its products, services or activities.
"FxProSoft Ltd. Employees" means officers, directors, employees and representatives of FxProSoft Ltd. or Affiliated Entities, as well as any other persons employed by FxProSoft Ltd. or its Affiliated Entities.
"Account" or "FxProSoft ID" means an account with Login and Password created for Your use of FxProSoft Market.
"Login" means an identification code which, in combination with the Password, gives You access to Your Account.
"Password" means a code You select, which, in combination with the Login, gives You access to Your Account.
By clicking on the "Continue", "Accept" or a similar button or an appropriate link, You agree to the terms and conditions of this Agreement. You agree that Products are developed by third party Developers who are not related to FxProSoft Ltd.
You agree that FxProSoft Ltd. shall not be responsible for Products submitted to Market by third party Developers. Furthermore, some Product Licenses can be offered free of charge, while others are for a certain fee. You shall be solely responsible for payments pertaining to purchases made on Market.
User who has not agreed to be bound by the terms and conditions of this Agreement shall have no right to use the Market service.
Market is available for use by persons aged 18 and older.
If Developer discontinues the distribution of specific Products in Market, FxProSoft Ltd. will cease the use of the discontinued Products' Brand Features for such marketing purposes.
Product License forms a binding agreement directly between You and the Product Developer governing Your use of that Product. Unless otherwise specified in the End User License Agreement, the following limitations of rights to use the Product by the User shall apply: 1) You shall not sell, assign, sub-license, lease, rent, distribute, broadcast, export, import or otherwise transfer rights to use the Product or any component thereof to any third party; 2) You shall not undertake, cause, permit or authorize the modification, translation, creation of similar products, decompiling, disassembling, decryption, hacking of the Product, as well as creation of derivative works; 3) Except as explicitly authorized in writing by the Product Developer, You shall not distribute the Product in the Internet; 4) You shall be allowed 4 reinstalls of the Product distributed via Market on other devices.