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.
"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 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 with Market and allowed to distribute Products under the terms and conditions of this Agreement.
"You" means You as a Market Developer and 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 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, MQL 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:
(a) MetaQuotes Language 4 (MQL4) or MetaQuotes Language 5 (MQL5) are programming languages for the development of program applications launched in the MetaTrader 4 or MetaTrader 5 trading terminals, respectively. The program source code generation process requires the use of either .MQH, .MQ4 or .MQ5 text files created in the source code editor MetaEditor. Program applications that can be launched in the trading terminal are represented by .EX4 or .EX5 files generated as a result of compiling the corresponding MQL4 or MQL5 source code using the MetaQuotes Language Compiler;
(b) MetaEditor is an editor which is used to develop program code in MQL4 or MQL5 programming language and to further compile it using the MetaQuotes Language Compiler;
(c) MetaQuotes Language Compiler is a MQL4 or MQL5 source code compiler designed to create executable files that can be run in the Client Terminal;
"Agreement" means this Market Developer Distribution Agreement between FxProSoft Ltd. and the Developer, as well as updated, modified and/or amended future versions hereof as now or thereafter in effect.
"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 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 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 FxProSoft LTD. shall not be responsible for Products submitted to Market by You or any 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 transactions performed in Market.
Developer who has not agreed to be bound by the terms and conditions of this Agreement shall have no right to distribute Products via Market.
Market is available for use by persons aged 18 and older.
Product License forms a binding agreement directly between You and the User of the Product governing the use of Your Product by the User. Unless otherwise specified in the End User License Agreement, the following limitations of rights to use the Product by the User shall apply:
Your Products may be subject to User ratings to which You may not agree. You may contact FxProSoft LTD. if You have any questions or concerns regarding such ratings.
(a) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person,
(b) an allegation of defamation or actual defamation,
(c) an allegation of violation, or actual violation, of any third party's right of publicity or privacy; an allegation or determination that such Product does not comply with applicable law.
If You violate subclauses 1 or 2 of this clause VI.1 when removing a Product from Market, and an end user purchased such Product within a year before the date of takedown, at the request of FxProSoft LTD., You must refund to the affected end user all amounts paid by such end user for such affected Product, less the portion of the Transaction Fee specifically allocated to the credit card and payment processing for the associated transaction.
FxProSoft LTD. reserves the right to suspend and/or bar any Developer from Market at its sole discretion. In the event that Your Product is removed because it is defective, malicious, infringes intellectual property rights of another person, defames, violates a third party's right of publicity or privacy, or does not comply with applicable law, and an end user purchased such Product within a year before the date of takedown,
You agree that You are responsible for maintaining the confidentiality of any Developer credentials that may be issued to You by FxProSoft LTD. or which You may choose Yourself and will be solely responsible for all applications that are developed under such Developer credentials. FxProSoft LTD. may limit the number of Developer Accounts issued to You or to the company or organization You work for.
FxProSoft Ltd. reserves the right to change and revise this Agreement. Each time changes are made to this Agreement, FxProSoft LTD. will publish a revised version of the Agreement on the Website. The revised version of the Agreement shall be effective immediately upon publication. Your use of the Market service following any change to this Agreement will constitute Your assent to and acceptance of the revised Agreement.