3. You acknowledge that the ATS is provided by us on an “as is” and “as available” basis without any representations or warranties (whether express or implied), to the extent permitted by law, as to its compatibility, security and accuracy. The use of the ATS is done at your own discretion and risk.
4. This is a legal software license agreement between you (the licensee) and Daweda for the ATS product. Daweda hereby grants to the licensee a non-exclusive license to use the ATS and any related features included in the ATS.
5. the licensee is granted permission to access and use software working version for all the subscription period using his unique username and password (for online software). username and password may not be republished or shared any third party. licensee agrees not to copy, emulate, clone, rent, lease, sell, modify, de-compile, disassemble, otherwise reverse engineer, or transfer the licensed software program. any such unauthorized use shall result in immediate and automatic termination of this license. the licensee acknowledges that this license does not confer any proprietary rights to the licensee. furthermore, the licensee acknowledges that all copyrights to software are exclusively owned by Daweda.
6. Our trading service carries a high level of risk and is not suitable for everyone. You should not trade with us unless you understand the nature of the transaction you are entering into and the extent of your potential loss from a trade. You must satisfy yourself that it is suitable for you in the light of your circumstances, financial resources and investment objectives. If you are in any doubt you should seek independent advice. You trade entirely at your own risk. Our trading service is execution only. This means that we carry out your trading instructions. We do not provide you with any investment advice.
7. It is your responsibility to monitor your account at all times. It is important that you monitor your positions closely due to the speed at which profits or losses can be incurred. If you have working orders and open trades you should always be in a position to access and manage your account. You may do this on-line, 24 hours a day, 7 days a week. We can rectify mistakes, but only if you notify us as soon as possible and in any event within 24 hours of the trade.
8. Trading on our platform involves a fee which is taken from both parties to the trade. This fee is also taken when the counter party is an ATS. Our fees are set out on in our Terms and Conditions and are stated also on our trading platform. You should ensure that you aware of all the charges that apply to you and understand how our charging system operates before you commence trading with us.
9. To the fullest extent permitted by law, in no event shall we or any of our directors, employees or agents have any liability whatsoever to you or any other person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to your use of with any customized interface or third party equipment, hardware or software, or any form of interaction between any Software Trading Tools and your Account (including but not limited to API and/or FIX interactions.
10. Except as expressly provided otherwise, all information, software, documentation, materials, services and publication are provided “as-is” without warranty of any kind and Daweda hereby disclaims all warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose.
11. Daweda’s ATS carries a high level of risk and can result in losses that equal to the cash balance held on your account at any given time. The high level of risk means our trading service is not suitable for everyone. You must satisfy yourself that it is suitable for you in the light of your circumstances, financial resources and investment objectives. If you are in any doubt you should seek independent advice.
12. We are not responsible for ensuring compatibility with any Software Trading Tool or any Software Bridge. While we may introduce you to a provider of Software Trading Tools and/or a Software Bridge, you shall be solely responsible for obtaining any Software Trading Tools and/or Software Bridge that you want to use to access your account and any costs associated with acquiring them. We will not have any liability to you or any other person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to your use of any Software Trading Tools or Software Bridge.