Terms and Conditions – Software
This agreement applies as between you, the User of our Software and/or Software Components and TWOFOX Limited, the developer of said Software and/or Software Components. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your completion of the registration process and installation of Our Software and/or Software Components on your Computer. If you do not agree to be bound by these terms and conditions, then you are expressly forbidden from using the Software and/or Software Components and you must uninstall and discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Software after the date such revised Terms and Conditions are posted. If you do not agree to the amended Terms and Conditions, then you are should notify us immediately, requesting that your access, or subscription, to our Software, and/or Software Components is terminated, you must also uninstall and discontinue use immediately.
Our Software and/or Software Components are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to use our Software and/or Software Components from those locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1. Definitions and Interpretation
In addition to the Definitions and Interpretations listed in the Terms and Conditions Agreement, the following terms shall have the following meanings:
- “Associated Software”
- means any software with which our Software and/or Software Components interact, including, but not limited to, Charting Software and the Computer Operating System;
- means any documentation, electronic or printed, provided by TWOFOX Limited to assist in the configuration and/or support of Software or Services offered by TWOFOX Limited;
- “Software” / “Software Component”
- means any software or component part, provided by TWOFOX Limited, including, but not limited to compiled dynamic link libraries, compiled executable files, source code, chartbook template files, study collection files, and mathematical and/or logic expressions as they related to the aforementioned software;
- “Software Agreement”
- means this Terms and Conditions – Software Agreement in its entirety; and
- means the Terms and Conditions Agreement, www.twofoxtrading.co.uk/resources/legal/terms-and-conditions, a copy of which can be requested by emailing firstname.lastname@example.org.
2. Intellectual Property
2.1. The Software and/or Software Components provided to You, the User, by Us, TWOFOX Limited, unless otherwise indicated, is the property of TWOFOX Limited. By using the Software and/or Software Components, You acknowledge that it is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2. The Software and/or Software Components provided to you, by us, is provided “as is”, for your information and personal use only, subject to sub-clause 2.3, You may not reproduce, aggregate, republish, upload, post, copy, publicly display, encode, decompile, reverse-engineer, transmit, translate, distribute, store, sell, licence, exploit for any commercial purpose whatsoever or in any other fashion re-use Our Software and/or Software Components unless otherwise indicated on the Website or unless given express written permission to do so by TWOFOX Limited.
2.3. A limited licence is granted to and use Our Software and/or Software Components, the details of which will be governed clause 3 and/or by any specific purchase / supply agreement between You, the user and, Us, TWOFOX Limited.
2.4. TWOFOX Limited reserves all rights not expressly granted to You in and to our Software and/or Software Components.
3.1. The user is granted a non-transferrable licence to use our Software and/or Software Components for non-commercial purposes, provided that the terms of this Software Agreement are adhered to at all times.
3.2. Licence(s) granted in relation to our Software and/or Software Components are time limited, with the exception of the lifetime licence, and may include, but not be limited to:
i. Trial, limited to one per product per user and expiring after not more than 15 days, unless otherwise specified in advance, and in writing by TWOFOX Limited, any licence granted under these terms shall expire immediately upon completion of the Trial period;
ii. Monthly, unless renewed or granted as part of a recurring subscription, any licence granted under these terms shall expire no later than 1 calendar month or 31 days after the initial grant of licence;
iii. Annual, unless renewed, any licence granted under these terms shall expire no later than 1 calendar year or 365 days after the initial grant of licence; and
iv. Lifetime, any licence granted under these terms shall not expire, however, TWOFOX Limited does not guarantee that the Software and/or Software Components will be available indefinitely, nor do we guarantee that all features and/or functionality will be supported indefinitely, either by Us or by any Associated Software.
3.3. The User must validate each Software and/or Software Component licence prior to the use, failure to do so will disable the software until such time as the licence/licences has/have been validated. This validation may be performed manually by TWOFOX Limited upon provision of requested information from User, or via the relevant user profile section found at www.twofoxtrading.co.uk. Once initially validated, the licence is then automatically checked each time the Software and/or Software Component is used.
3.4. Should the Software, and/or Software Component licence be linked to Associated Software, then the user is permitted to install the software on multiple computers, provided that the Software and/or Software Component is used accordance with the relevant term and conditions of use for the Associated Software. In all other cases, the user may install the software on multiple computers, provided that the quantity in use simultaneously does not exceed the licenced quantity.
3.5. You are prohibited from creating additional user accounts, using alternate identities, fictitious or otherwise, with the express purpose of subverting the Trial licence restrictions.
4.1. TWOFOX Limited may, at our sole discretion, provide updated versions of our Software and/or Software Components at any time and for any reason.
4.2. We use the following methodology for determining the Software and/or Software Component version #.#.#.# = Product.Major.Minor.Incremental
4.3. Software and/or Software Component updates are classified using the following terminology:
i. Incremental, bug fixes or small change to functionality often either imperceptible to user or require no action from the user;
ii. Minor, small changes to functionality that are visible to, and require action from, the user, for example adjustment of parameters, may also apply where new components are added that are largely similar to those that already exist within the Software and/or Software Component;
iii. Major, larger changes to functionality that are visible to, and always require action from, the user, also applies where new components are added that are very different to those that already exist within the Software and/or Software Component; and
iv. Product, all major changes to source code and/or functionality that is beyond the scope of a Major version update.
4.4. Users holding valid licences are entitled to receive updated Software and/or Software Components up to and including Major updates, with the exception of Lifetime licence holders, who will receive updates for 1 calendar year or 365 days after the initial grant of licence, after such time updates will be provided at the sole discretion of TWOFOX Limited.
4.5. Product level updates may, solely at the discretion of TWOFOX Limited, be released to users under the existing licence terms, however, upon such an update release, we reserve the right to re-evaluate the licence terms accordingly.
5.1. TWOFOX Limited will via our Website, and at our sole discretion, provide users with instructions and/or documentation to support the use of our Software and/or Software Components.
5.2. Should the user require additional support, in any format, including, but not limited to, email, writing, telephone, video conference or remote computer access, this will be provided in limited quantity and at our sole discretion, provided the user has a valid licence for the particular Software and/or Software Component. Lifetime licence holders will only be provided with additional support for 1 calendar year or 365 days after the initial grant of licence, subsequent to which, additional support becomes chargeable in accordance with sub-clause 5.3.
5.3. User support beyond what we, at our sole discretion, deem to be reasonable, will be available, however this will be chargeable at a rate to be negotiated with the user, or at no less than £50 per hour, in 15 minute increments. Payment for additional support is always required in advance.
6. Term and Termination
6.1. This Software Agreement shall remain in full force and effect whilst you continue to use our Software and/or Software Components.
6.2. Without limiting any other provision of this Software Agreement, TWOFOX Limited reserves the right to, at Our sole discretion and without notice or liability, deny access to and use of the Software and/or Software Components, to any person or persons for any reason or for no reason, including, but not limited to, breach of any representation, warranty, or covenant contained in this agreement or of any applicable law or regulation.
6.3. If we suspend or terminate your access to our Software and/or Software Components for any reason, You are hereby prohibited from registering and/or creating a new account using your own name, a fictitious name, a borrowed name, or the name of any third party, whether on behalf of yourself or said third party.
6.4. In addition to suspending or terminating your account, We reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal or injunctive redress.
Last Updated 13th April 2021