“FxFeed.io” Software Licensing Agreement

PLEASE READ THESE LICENSE CONDITIONS CAREFULLY BEFORE ACCESSING OR USING "FxFeed.io" FX DATA API SERVICE. BY ACCESSING OR USING THIS SERVICE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SERVICE.

§ 1 Grant of License

FxFeed.io ("Provider") grants you ("Customer") this non-exclusive license to use the FX Data API Service ("Service") available at https://api.fxfeed.io and data sourced from said API ("Data") subject to the restrictions set forth below

§ 2 Restrictions on Use

The following restrictions apply:

You may install and use one copy of the downloaded software program(s) as a dependency on a single application or codebase irrespective of the number of developers or users (including your customers) you have working with such application or codebase. You may not lend, rent, lease, or transfer this downloaded software to another party at any time.
You may not modify, reverse engineer, decompile, or disassemble the downloaded software.

§ 3 Copyright

The Service, including all Data provided through it, is owned by Provider or its suppliers and is protected by copyright laws and international treaties.

§ 4 Term

This license is effective until your subscription to FxFeed.io is canceled. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to cease all use of the Service and destroy any locally stored copies of data obtained from the Service.

§ 5 Notice of Non-renewal

Both the Provider and the Customer agree to provide written notice to the other party if they intend not to renew the subscription to "FxFeed.io" software. This notice must be given at least 30 days prior to the end of the current subscription term. The notice shall be delivered via email or any other written communication form agreed upon by both parties and must include all relevant details concerning the decision not to renew. Failure to provide timely notice of non-renewal will result in the automatic renewal of the subscription for the same term under the terms and conditions of this agreement unless otherwise terminated in accordance with § 4 of this Agreement.

§ 6 Limited Warranty

Provider assumes responsibility and warranty only for the delivery of FX data through its API Service. All faults occurring as a consequential result of Internet dissemination and the process of data transmission are at the customer's own risk. THIS SERVICE AND ALL DATA PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND WITH ABSOLUTELY NO WARRANTY WHATSOEVER. PROVIDER EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF THE DATA PROVIDED THROUGH THE SERVICE. THE DATA IS PROVIDED ON A BEST-EFFORT BASIS, AND PROVIDER MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE DATA WILL BE SUITABLE FOR ANY PARTICULAR PURPOSE OR MEET THE CUSTOMER'S REQUIREMENTS. Provider does not warrant that the functions contained in the Service will meet your requirements or that the operation of the Service will be uninterrupted or error-free. You assume full responsibility for the selection, use, and results obtained from the Service, including all decisions made based on the data provided. THE CUSTOMER ACKNOWLEDGES THAT ANY RELIANCE UPON OR USE OF THE DATA PROVIDED THROUGH THE SERVICE IS AT THEIR OWN RISK AND DISCRETION. PROVIDER SHALL NOT BE LIABLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES, OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR FOR ANY DELAYS OR INTERRUPTIONS OF SUCH DATA. Subject to any applicable legislation that prohibits the following exclusions, Provider MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such case, any implied warranties are limited in duration to thirty (30) days from the date of delivery of the Service. THE CUSTOMER AGREES THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE AND DATA REMAINS SOLELY WITH THE CUSTOMER TO THE MAXIMUM EXTENT PERMITTED BY LAW.

§ 7 Limitation of Remedies

Subject to any applicable legislation that prohibits the following limitations, Provider's entire liability and your exclusive remedy shall be, at Provider's option, the repair or replacement or the full refund of the downloaded software not meeting Provider's „Limited Warranty“. This remedy is not available if the failure of the Software or media is the result of misuse, abuse, or a failure to follow the operating instructions in the accompanying written materials. IN NO EVENT WILL Provider OR HIS SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and countries, do not allow the limitation or exclusion of liability for incidental or consequential damages or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

§ 8 IPR Indemnity

Despite clause 7 (Limitation of Remedies), Provider shall defend the Customer against any claim and indemnify the Customer against any award of damages or costs or any settlement negotiated by Provider arising from or incurred by reason of any infringement of any third party Intellectual Property Rights by the Customer's normal operation, possession or Use of Provider's Service, within the UK and/or European Union, provided that the Customer: notifies Provider promptly in writing of any alleged infringement and makes no admissions in respect thereof; and gives Provider information, assistance, and sole control of the defense and all related settlement negotiations. Reasonable out-of-pocket expenses incurred by the Customer in providing such assistance will be reimbursed by Provider. The indemnity set out in the paragraph above shall not apply where the infringement or alleged infringement arises from or is incurred by reason of: the Customer's use of the Service in a manner not approved or authorized by Provider; or the Customer's use of a deprecated version of the Service API without the consent of Provider; or the combination, or use, of Provider's Service and any equipment or software not supplied or approved in writing by Provider; or the Customer's use of Provider's Service other than as authorized under this Agreement. In the event that Provider's Service is held, or is believed by Provider, to infringe the Intellectual Property Rights of another, Provider shall have the option, at its expense to: modify Provider's Service (without materially detracting from its functionality) so as to avoid the infringement; or obtain for the Customer a license to continue to use Provider's Service; or replace Provider's Service with non-infringing substitutes provided that such substitutes do not entail a material reduction in functionality; or terminate the license for the infringing Provider's Service (or part thereof) and refund the Service Subscription Fees paid for such Provider's Service, pro-rated over the Subscription Term.

§ 9 Miscellaneous

The legal venue in respect of all disputes arising from this agreement is deemed to be Oslo, Norway as far as this is permitted by law.
Any alterations or amendments to this agreement shall be made in writing, the same applying to any cancellation of this clause stipulating written form.
This agreement shall be governed by, and construed in accordance with, Norwegian law.
This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary, a signed copy of this Agreement in pdf or through electronic signature is deemed to have the same legal effect as delivery of an original signed copy of this Agreement