License Agreement

The license agreement on the use of the trading algorithm “ELM EA”, posted on the website https://elm-ea.com/, as well as the forum https://elm-ea-forexforum.com/

Before using the trading robot “ELM EA”, in any version, on any supported MT4 or MT5 trading platform (hereinafter referred to as the “Program”), please read the terms of this license agreement (hereinafter referred to as the “License”, the “License Agreement”). Any use of the Program by you implies your full and unconditional acceptance of the terms of this License Agreement. If you do not accept the terms of the License Agreement in full, you may not use the Program for any purpose.

1. Subject of the agreement.

1.1 This License Agreement is made between the user (“User”), and the software provider website “elm-ea.com”, which is the holder of the exclusive rights to the Program (“Rights Holder”). The License sets forth the terms and conditions of the User’s use of the Program.
1.2. By copying the Software and installing it on User’s PC or VPS Server, the User expresses their full and unconditional consent to all terms and conditions of the License.
1.3 Use of the Program is allowed only under the terms of the License. If the User does not accept the terms of the License in full, the User has no right to use the Program for any purpose. Using the Program in violation (non-fulfillment) of any of the conditions of the License is prohibited.
1.4 Use of the Program under the terms of the License for personal noncommercial purposes is free of charge. The use of the Program on conditions and ways not stipulated by this License is possible only on the basis of a separate agreement with the Licensor at the price set by the Licensor.
1.5 The User’s use of the Program implies his consent to the use of technical information about the device, system and application software. The Rightholder has the right to collect and use the technical data and related information to improve the Program or to provide services or technologies to the User. The Rights Holder shall be entitled to use the information as long as such information is in a form that does not allow to identify the User personally.

Exclusive Rights to the Program

2.1 The exclusive right for the Program belongs to the Right holder.

3. Methods of using the Program

3.1 The Rightholder grants the User the non-exclusive right (simple (non-exclusive) license) to use the Program in the following ways:

3.1.1. to use the Program for its direct functional purpose, for which purpose to download, copy and install the Program on personal PCs and VPS servers of the User. The User is entitled to install the Program on as many trading accounts as the purchased ELM EA version allows.

Restrictions

4.1 The User may not modify, decompile, disassemble, decrypt or perform any other actions with the object code of the Program in order to obtain information about the algorithms used in the Program, create derivative works using the Program, or perform (allow to perform) any other use of the Program, without the consent of the Rightholder.
4.2 The User may not reproduce and distribute the Program for commercial purposes (for a fee), including as part of collections of software products, without the consent of the Rightholder.
4.3 The User may not distribute the Program in any form other than the form in which they received it without the consent of the Licensor.
4.4 If the user of the licensed version of ELM EA, does not have an adequate dialogue with the author of the project, or defames the reputation of the brand “elm-ea” without reason, as well as, for reasons related to their own experience in trading and / or broker work, execution of orders, manipulating trading conditions and/or server work, as well as program or resources that are auxiliary included in the ELM_EA project, the license may be disabled without any warning and communication to the person who has performed these actions.

5. Responsibility

5.1 The Program is provided on “as is” terms. The Licensor does not give any warranties regarding the faultless and uninterrupted operation of the Program or its separate components, correspondence of the Program to the specific purposes of the User, and also does not give any other warranties which are not directly specified in this License.

5.2 To the maximum extent allowed by the applicable law the Rightholder shall not be liable for any direct or indirect consequences of any use or impossibility to use the Program and/or damages to the User and/or the third parties caused by any use or impossibility to use the Program or its separate components, including possible errors or failures in its operation.

5.3 All claims related to use/failure to use the Program, as well as possible facts of violation of law and/or third parties’ rights as a result of using the Program, shall be sent to https://t.me/develonbot.

6. Special conditions

6.1 Performance of functions of the Program is possible only if there is an access to the Internet. The User independently obtains and pays for such access according to the terms and tariffs of their service provider or VPS server provider.
6.2 This Agreement constitutes the entire agreement between you and elm-ea.com regarding the Software and supersedes all prior agreements and representations, warranties or understandings between you and elm-ea.com (whether made negligently or innocently, but excluding those made fraudulently) regarding the same subject matter. “elm-ea.com” reserves the right to modify this Agreement at any time in its sole discretion.

7. Refund conditions

7.1 The conditions of refunding to the user are provided when any of the versions of ELM_EA algorithm has problems in its logic or operation code. That entails the corresponding errors in the function execution. This condition applies for 14 full days including holidays and weekends. After 14 days return conditions are excluded.
7.2 The agreement implies that the refund does not apply in cases where the broker artificially manipulates the prices of opening and closing orders.
7.3 The conditions of refunds do not apply to all licensed versions of ELM_EA which have already been released for sale or will only be released in the future.Regardless of the upgrade version and date of purchase.
7.4 Refunds do not apply to all licensed versions of ELM_EA that were purchased at discounts, regardless of sales periods or one-time (individual) promotions from the project’s author.This completely excludes refunds.
7.5 Refunds are not available to persons to whom elm-ea.com license version has been transferred or resold, regardless of the upgrade version or date of purchase.

8. Prohibition on Sale and Assignment

“elm-ea.com” does not recognize the transfer of the Software. Therefore, you may not transfer, buy, sell, trade, barter, trade, offer for sale, sell, license, assign or otherwise dispose of your rights, obligations or liabilities under the Agreement, in whole or in part, without the prior written consent of elm-ea.com. Any attempt to do so shall be deemed invalid and unenforceable. The established fact of this action will result in the disabling of the license.

9. Termination and Preservation of Terms
The agreement set forth herein shall remain in full force and effect until terminated by either party. You agree and acknowledge that you are not entitled to any refund of any amounts paid to elm-ea.com prior to any termination. You retain full discretion to terminate or rescind the License, if applicable, and to stop using the Software at any time, subject to the terms of this Agreement. Without prejudice to any other “elm-ea.com” rights, this Agreement will terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Software.

The parties agree that all correspondence related to this Agreement shall be written in English.

You may contact “elm-ea.com” at the following email address: on telegram – https://t.me/develonbot

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE ABOVE END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE SOFTWARE CONSTITUTES MY AGREEMENT TO COMPLY WITH THE END USER LICENSE AGREEMENT