These terms and conditions govern – together with the terms and conditions contained in the order form – the contractual relationship between INCLUDE Information Technologies GmbH and the user of the software AgenaTrader, hereinafter referred to as customer. Other terms and conditions do not apply.
2) Conclusion of the contract
The offers of INCLUDE Information Technologies GmbH are not binding and without engagement. The customer’s order shall be regarded as binding upon receipt of it by INCLUDE Information Technologies GmbH. If INCLUDE Information Technologies GmbH accepts the offer, an order confirmation will be sent to the customer. The contract is concluded after receipt of the order confirmation by the customer.
INCLUDE Information Technologies GmbH offers the software AgenaTrader and all related information to be downloaded at the following address: www.TradeEscort.com. After receipt of the payment, the customer receives his personal login details, including passwords and the license key to activate the software AgenaTrader according to the ordered functionality of the software.
4) User identification and password
The customer is responsible for the protection of his notified login details, passwords and the license key. The customer is in particular not authorized to provide third parties with the access to the AgenaTrader software by sharing his personal login details, passwords or license key. If you lose your user name and/or password or you have any suspicion that a third party might know your personal login details, please notify immediately INCLUDE Information Technologies GmbH. This can be done by e-mail, fax or letter.
The customer is fully liable for damages resulting from the transmission or disclosure of the user name/password to third parties.
5) Use of the product by the customer
An AgenaTrader software license entitles the customer to operate this license on one workstation. This license does not permit to operate simultaneously on different workstations.
6) Quality agreement
a) AgenaTrader is a software that provides a general open framework which allows to apply different approaches to the analysis of securities. With this software it is possible to combine and evaluate various technical analyses in a standardized and objective manner. AgenaTrader detect also trend signals for securities as well as buying and selling signals. INCLUDE Information Technologies GmbH offers no guarantee of success with regard to the accuracy of the signals. Moreover, INCLUDE Information Technologies GmbH assumes no responsibility for the correctness of the strategy, signals, stop and target components which are offered by INCLUDE Information Technologies via the website www.TradeEscort.com or by other third parties proposing this tool in the web shop.
b) If the customer buys or sells a security by means of an analysis proposed by the software or by means of an above-mentioned component, he does so at his own risk. The results of the AgenaTrader software replace in no case one’s own responsibility and the decision of the customer to buy or sell securities.
a) INCLUDE Information Technologies GmbH (licensor) grant the customer (licensee), during the term of validity of this agreement, a non-exclusive, non-transferable right to use the software and the related documentation.
b) The authentication of the user authorization is proofed by a licensing component which is included in the system environment of INCLUDE Information Technologies GmbH. A connection to the server is required from the licensee. If AgenaTrader, over the period of 2 weeks starting from the first failed attempt, is not able to establish a connection to the server, the licensor assumes that an intentional blocking of the license check has occurred and brought to the deactivation of the software to the free version. However, the licensor has the possibility to change this instruction and to unlock the software.
c) The customer is authorized to reproduce the delivered software for security purposes only. INCLUDE Information Technologies GmbH acquires all rights concerning these copies unless they were transferred to the customer according to 7 a). The customer is entitled to run the software on his computer in accordance with the terms of the contract.
d) The license for the software of AgenaTrader entitles the customer to use the software on one workstation. Simultaneous connections to the software on different computers are not permitted.
e) INCLUDE Information Technologies GmbH is the owner of all rights to the software, even if the customer modifies the software or connect it to his own software or to other software from third parties. 6 a) is not affected.
f) In case of termination of the contract, the customer is obliged to delete all existing copies of the software including the related documentation.
8) Warranty, Liability
a) In case of defects of the item, the customer has the right to demand a replacement. If subsequent performance fails, the customer may demand either reduction of the payment or withdraw from the contract.
b) In the event of minor negligence on the part of INCLUDE Information Technologies GmbH, of a legal representative or of an agent of INCLUDE Information Technologies GmbH, the liability of INCLUDE Information Technologies GmbH is restricted to the typically foreseeable damage in the event of infringements of material contractual duties. The liability of INCLUDE Information Technologie GmbH is shall be excluded in case of minor negligence.
c) By way of derogation from the rules laid down in 8 a) and b), INCLUDE Information Technologies GmbH is liable for damages from injury to life, limb or health, which result from an intentional or negligent breach of duty of INCLUDE Information Technologies GmbH or from an intentional or negligent breach of duty of a legal representative or person employed by INCLUDE Information Technologies GmbH.
The customer should be aware that INCLUDE Information Technologies GmbH stores electronically personal data for the purpose of contract management, accounting and statistical evaluation.
If the customer is a consumer, he has the right to cancel the order within two weeks. The withdrawal must be addressed to INCLUDE Information Technologies GmbH, Markersdorf 91, 3040 Neulengbach, AUSTRIA. The revocation period begins as for regard the delivery of goods on the day the goods are received by the recipient and on the day of the contract conclusion as for regard the service. The revocation shall require no explanation. It may be made in writing, on a permanent data barrier or by returning the goods. A timely dispatch of the revocation letter is sufficient in order to safeguard the deadline. The right of withdrawal expires when INCLUDE Information Technologies GmbH, with the consumer’s consent, has begun to install the AgenaTrader software or to retrieve the corresponding data, or when the customer has arranged it by himself.
11) Complaints/Customer service
Customer complaints can be addressed to INCLUDE Information Technologies GmbH, Markersdorf 91, 3040 Neulengbach, AUSTRIA. The customer service is accessible under the address provided in 1.
12) Severability clause
If parts of this agreement should be in conflict with applicable law, the agreement remains unaffected and the remaining provisions shall remain valid.
13) Final provisions
a) For contracts with dealers, legal persons under public law and special funds under public law, the place of fulfillment for delivery and payment as well as area of jurisdiction is agreed to be Vienna.
b) All legal relations between the parties are governed by the Austrian law with the exclusion of United Nations Convention for the Sales of Goods (Convention on Contracts for the International Sales of Goods - CIGS).