PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE CONTENT OF THIS WEB-SITE OR USING ANY SERVICES OR PRODUCTS IT PROVIDES. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS (SUBJECT TO CHANGE WITHOUT NOTICE) PLEASE REFRAIN FROM ACCESIING THIS WEB-SITE.

BY ACCESSING, USING, EXPLORING, CONSULTING THE WEB-SITE OR DOWNLOADING JAVA APPLET VIA A BROWSER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT OR YOU WANT TO CONTACT US FOR ANY REASON, PLEASE DIRECT ALL CORRESPONDENCE TO info@dukascopy.com.

WE ARE COMMITTED TO THE EQUAL OPPORTNITIES POLICY.

1. GRANT OF LICENSE

Dukascopy® Trading Technologies (hereinafter referred to as “LICENSOR”) and the End User (hereinafter referred to as “LICENSEE”) hereby conclude a legally binding agreement.

Subject to the terms and conditions of the End User License Agreement (hereinafter referred to as “EULA”), Licensor hereby grants to Licensee non-exclusive, non-transferable, worldwide license for personal, non-commercial, temporary use of and access to the Dukascopy® Web-site (including - without limitation and qualification – all the Web-sites containing the word “Dukascopy”), all the publications, images, materials, java applets, any other data or information it contains, Dukascopy® Market Machine (that consists of Dukascopy® Deal Station and Order Delivery System) and any other service or product distributed by Licensor as well as all the future updates, enhancements and sequels (hereinafter referred to as “CONTENT”). Certain parts of Content are expressly identified within Content as freely available for integration and limited modification within the Licensee’s Web-site and/or associated facilities (hereinafter referred to as “SITE”) on the basis of non-commercial use. Licensee’s right to modify any offered Content part shall be limited to modifying only to fit the format, look and feel of the Licensee’s Web-site.

Licensor reserves the right to define the limits of non-commercial use of Content or any part thereof. All the forms of use that fall outside this definition shall be considered as instances of commercial use. Licensor may publish the definition of non-commercial use of Content or any part thereof on the Dukascopy® Web-site.

To obtain commercial license (that is offered free of charge for a limited time period) please e-mail requests to info@dukascopy.com.

2. LICENSE RESTRICTIONS

Licensee may not sell, rent, lease, sub-license, assign, lend, publish, market or in any way distribute to the third party, translate, port, adapt, modify, reverse-engineer, decompile, disassembly, store for commercial use any part of Content or any derivatives thereof, use source or object code or otherwise use Content.

Licensee may not use or access Content or integrate any part thereof provided (in Licensor’s sole judgement) such action may have an adverse effect on Licensor’s goodwill, reputation, trademark or public image due to use in a way that is (or integrated with materials that are) morally objectionable, violent, erotic, pornographic, sexist, racist, profane, unlawful or that give rise to civil liability.

Licensee expressly agrees to display Licensor’s copyright or trademark notice (as stated in Section 8 “Trademark information”) on the same Web-page that will be easily identifiable (by an objective observer) as part and parcel of any part of Content used by Licensee.

Licensee may not alter or remove any copyright or trademark notice or proprietary legend contained in or on any part of Content.

All rights that are not expressly granted in EULA are retained by Licensor.

3. DISCLAIMER

Licensor does not own or develop Content but it has an exclusive right to sub-license the use of and access to Content and is a representative of its proprietors and developers. Licensor makes no claims or representations concerning Content. Content is constantly being developed and provided “AS IS”, “AS AVAILABLE”, “WITH ALL ITS FAULTS” and - to the extent permitted by law - is offered without any covenants or any express, implied or statutory warranties including (without limitation and qualification) any warranties as to accuracy, functionality, performance, merchantability, quiet enjoyment, system integration, data accuracy, non-infringement of intellectual property rights or fitness for any particular purpose and any warranties arising from trade usage, course of dealing or course of performance.

Neither Licensor nor any other party (including - without limitation and qualification – proprietors, management, developers, employees, affiliates, agents, representatives, contractors, communications service providers or any third party) monitors, controls, or guarantees quality, accuracy, completeness, timeliness, truthfulness, reliability, absence of any virus, adequacy or availability of Content (including but not limited to information, text, graphics, links or other items obtained through access, use, consultation or exploration of Content) and shall have any liability, contingent or otherwise, for any direct, indirect, incidental, consequential, special, exemplary or punitive or any other damages including (without limitation or qualification) loss of profit, investment, trading losses or any other economic loss resulting from provision (or lack of provision) of Content, regardless of cause or form of action, whether in tort, contract, strict liability, statutory liability or otherwise, and whether or not such damages were foreseen, unforeseen or foreseeable, even if Licensor has been advised of the possibility of such damages.

Without limiting the foregoing, in the event these terms and conditions, or any part thereof, shall be held invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction Licensee expressly agrees that the Licensor’s liability shall not exceed the amount equivalent to $1 (one US dollar).

Part of Content involves the use of Java technology. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.

No information or material in Content is to be relied upon for the purposes of making and/or communicating (or refraining from making and/or communicating) investment decisions or any other type of transactions. Licensee shall undertake an independent research, obtain specialist advice (applicable to the Licensee’s particular situation) and always refer to alternative sources of information (including – without limitation and qualification – the price quotes, market news, etc.) before relying upon any information whatsoever found in Content. Licensee expressly agrees that s/he has received a fair warning and assumes the entire risk of loss in using Content.

4. INDEMNIFICATION

Licensee expressly agrees to indemnify and hold Licensor and/or any other third party harmless from any claims, fees (including – without limitation and qualification – legal fees), liability, losses resulting from provision (or lack of provision) of Content, breach of EULA provisions, or third party rights (including – without limitation and qualification – intellectual property rights).

5. RESIDENCE AND LEGAL RESTRICTIONS

Content provision is not aimed at residents of jurisdictions from which for whatever reason the access to and use of Content or any part thereof is either prohibited or strictly regulated. Licensee subject to such restrictions may not access and use Content or any part thereof.

Due to plethora of international regulations and their constant increase inability of small internet business to comply with all regulatory requirements of various legal systems around the world shall not be construed as willful act and is purely coincidental.

Licensor is committed to business transparency and is willing to offer all necessary co-operation to the competent state authorities which may be willing to access and/or monitor Licensor’s business activity and/or its customer database.

Licensor takes upon itself a voluntary obligation to satisfy all the legitimate requests received from the authorities of any state. However, provided such requests result into considerable for Licensor’s business administrative or legal expenses Licensor may ask the authorities to cover such expenses.

6. PRICE QUOTES

The quotes are a result of an original form of data compilation and high degree of creativity based on implementation of a statistical method which is unique. The quotes provide Licensee with a new type of real-time data feed with original properties in terms of format, frequency, noise elimination, etc. and represent a novel and creative solution for the new generation of automatic intelligent trading systems.

The names of the stock-exchanges (e.g. NYSE, NASDAQ) are used within Content solely to inform Licensee where a particular instrument can be traded. No stock exchange provides Licensor with market data unless expressly stated to the contrary.

The quotes represent a range of values resulting from an award-winning and patented Dukascopy® method of market data filtration. The filtration is performed by monitoring and processing the data obtained from the traders using Dukascopy® Market Machine, and also by comparison of the received information with the data obtained from the alternative sources. The actual value achieved is an optimum price forecast for a ten-second period. In determining the forecast the ever fluctuating market prices were tamed by the method of data processing that reduces price noise effects.

Licensee that consults the price quotes expressly agrees to arrange and use simultaneous access to the alternative sources of market data. Only being able to compare the quotes provided with the same quotes from the alternative sources Licensee can ascertain that s/he is presented with an objective view of the market.

7. OWNERSHIP OF INFORMATION

Publications, any other information including (without limitation and qualification) images of people or places displayed in Content are either the property of Licensor or used with permission.

Licensee or other third parties shall not use such information without a prior written consent. Improper use of this information may violate communications regulations and laws pertaining to privacy and intellectual property rights.

8. TRADEMARK INFORMATION

All trade and service marks, logos and any other marks, whether registered or unregistered, shown in Content are the property of their respective owners.

Except as expressly specified in these terms and conditions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trade secret, trademark, copyright or any proprietary rights of Licensor or any third party.

By integrating any part of Content within Site, Licensee expressly agrees to include the following acknowledgment on the same Web-page that will be easily identifiable as part and parcel of any part of Content used by Licensee: “Powered by Dukascopy®.”

When writing about, quoting, mentioning or otherwise referring to any part of Content (or the statistical or analytical method of data processing used) in any written form or Site, Licensee expressly agrees always to use the word “Dukascopy®” (starting with the capital letter, scripted in italics and including USPTO registered trademark symbol). The trademark shall be used as a descriptive adjective.

When making references to Content, the names of the authors and the titles of the sources shall be immediately followed by the only word “Dukascopy®” (starting with the capital letter, scripted in italics and including USPTO registered trademark symbol).

The breach of the aforementioned provisions will be considered by the authors as the breach of their intellectual property rights.

9. LINKS TO OTHER WEB-SITES

Licensor is neither affiliated with nor sponsored by any company, stock-exchange or any other organisation mentioned in Content unless expressly stated to the contrary. No Web-site referred or hyper-linked to within Content is affiliated with, sponsored or promoted by the Licensor unless expressly stated to the contrary.

Licensor has not reviewed all of the sites which are linked to its Web-site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. The Licensor is not responsible for the contents of any site linked to it; and the Licensee’s connection to any such linked site is at Licensee’s sole risk.

10. USE OF DEMOS

Demos shall be used by the Licensee only for the purposes they are offered for and in strict accordance with the instructions given, their use and availability may be limited in time.

11. MISUSE OF DUKASCOPY® TECHNOLOGY BY THE THIRD PARTIES

Licensor shall not be held responsible for any misuse of Dukascopy® technology by the third parties including (without limitation and qualification) any type of activity that gives rise to legal liability. Licensee that has accessed and used Content or any part thereof via third party Web-site or associated facilities shall do so at Licensee’s sole risk. Licensor does not and cannot monitor, endorse, influence or control third parties’ Web-sites or the services they offer.

12. TERMINATION OF USE

Licensor, in its sole discretion, reserves (among others) the right to change, refuse or discontinue the provision of Content to Licensee without offering any reason. If Licensee breaches any EULA provision the agreement shall be automatically terminated. Termination of EULA is subject to Section 22 “Survival”.

13. BANKRUPTCY

In bankruptcy Licensor shall have the right to reject any license agreement thereby terminating all Licensee’s rights under it. Any legal provision in applicable jurisdiction that has effect of preserving Licensee’s rights (such as Section 365(n) of the US Bankruptcy Code) is expressly excluded.

14. INFORMATION

Licensee expressly agrees that Licensor will treat all communications from Licensee including (without limitation and qualification) data, questions, comments, suggestions or submissions as non-confidential and non-proprietary. The communications may be used for any purpose including (without limitation and qualification) reproduction, transmission, disclosure, publication, broadcast, and posting. Licensor may use, without obligation to Licensee of any kind, any ideas, concepts, techniques, or “know-how” contained in Licensee’s communications, for any purpose whatsoever, including (without limitation and qualification) developing, manufacturing and marketing products and services.

15. PRIVACY

Licensee authorises Licensor to disclose the Licensee’s confidential information when it is necessary for business purposes (e.g. to set up the Licensee’s account), required by law, court order or regulatory authorities. For further details see Privacy Statement.

If Licensee chooses not to register and provide personal information, Licensee would still be able to use most of Content. However, Licensee would not be able to access the area or facilities within Content that require registration.

16. ENFORCEMENT RIGHT

Licensor may at its sole discretion resort to legal proceedings and/or other lawful means to enforce the Licensee’s compliance with this agreement. Failure to do so does not constitute a waiver of the Licensor’s rights.

17. JURISDICTION

EULA shall be governed by and construed in accordance with the laws of British Virgin Islands or Canton of Geneva/Switzerland. Any disputes arising out of or in connection with these terms and conditions will be resolved exclusively by the competent Courts of British Virgin Islands or Canton of Geneva/Switzerland. You agree to submit to the jurisdiction of such Courts for all purposes.

18. FORCE MAJEURE

Licensor's failure to provide Content and perform any of its contractual or legal obligations as a result of conditions beyond its control such as (without limitation and qualification) war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of its legal obligations.

19. TAXATION

Licensee shall pay any taxes on transactions that may occur using Content or any part thereof. Licensor shall not be held responsible for the Licensee’s tax evasion.

20. SECURITY

Once Licensee has registered with Licensor, Licensee is solely responsible for the safekeeping of the Licensee’s registration details and may not permit third party use of the Licensee’s user ID and password.

21. MISCELLANEOUS

This is the exclusive and entire Agreement that supercedes all other representations oral and written. If any provision of EULA is declared invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable, the remaining provisions of this Agreement shall remain in effect.

22. SURVIVAL

All sections with the exception of Section 1 “Grant of License” shall survive the termination of EULA and apply – to the extent permitted by law - in perpetuity.

23. TECHNICAL RECOMMENDATIONS

The Content with all its facilities may only be used provided certain hardware and system recommendations have been met:

(i) Operating System: Windows 98/NT 4.0/ ME /2000/XP; (ii) Browser: IE 5.5 or higher with either Java 1.1 or Java 1.4 (Browser must be JavaScript-enabled); (iii) Internet connection: 56 Kb/s or higher; (iv) CPU: 450 MHz or higher; (v) RAM: 128 Mb or higher; (vi) Web-site is optimised for the Screen Area of 800x600 pixels or higher and 256 colours or higher.