Terms
Black Swan Web Site Agreement
The Black Swan web site (the "Site") is an online information service provided by the Black Swan team ("Black Swan Team"), subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
THE Black Swan Team MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is the Black Swan team. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to the Black Swan team a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to the Black Swan team by all means and in any media now known or hereafter developed. You also grant to the Black Swan team the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the Black Swan team for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Black Swan team.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of the Black Swan team. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by the Black Swan team, the Black Swan team does not operate, control or endorse any information, products or services on the Internet in any way. Except for Black Swan-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with the Black Swan team. You also understand that the Black Swan team cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE Black Swan Team PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND THE Black Swan Team SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. THE Black Swan Team DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. THE Black Swan Team HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE Black Swan Team BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF THE Black Swan Team OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE Black Swan Team's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Black Swan team makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Black Swan web site, please understand that it is independent from the Black Swan team, and that the Black Swan team has no control over the content on that web site. In addition, a link to a Black Swan web site does not mean that the Black Swan team endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless the Black Swan team, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of the Black Swan team and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between the Black Swan team and you for any purpose concerning this Agreement or the parties obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Black Swan team's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Black Swan team may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
End User License Agreement
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a binding legal agreement between you (either an individual or a single entity) and Black Swan Forex, its subsidiaries and affiliates, for the Black Swan software product identified above, which shall include computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also shall include any updates and supplements to the original SOFTWARE PRODUCT provided to you by Black Swan Forex. In the event of a disagreement between any terms and conditions accompanying the Software Product itself and this document, this document shall govern. By continuing with your installation, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. English shall be deemed the language that controls the terms of this EULA.
If you do not agree to ALL of the terms of this EULA, do not purchase, install or use the SOFTWARE PRODUCT, including evaluation versions thereof. THE VERY NATURE OF THIS SOFTWARE IS OF SYSTEM UTILITY AND IT MAY CAUSE IRREVERSIBLE CHANGES TO YOUR COMPUTER SYSTEM. IT SHOULD BE HANDLED WITH CARE, PRECAUTION AND UNDER PROFESSIONAL GUIDANCE. YOU SHALL SOLELY BE RESPONSIBLE FOR ANY CHANGES MADE BY THE PROGRAM TO YOUR COMPUTER SYSTEM. PLEASE DO NOT INSTALL OR USE THIS PROGRAM IF YOU DO NOT UNDERSTAND THE TERMS OF THIS AGREEMENT AND CANNOT PROPERLY INSTALL THIS PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold, and hence your acquisition or purchase is that of a license.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Applications Software. You may install, use, access, display, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer, workstation, terminal or other digital electronic device ("COMPUTER"). The license to RUN this software shall be for a term of 365 days from the date of activation. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS or by individuals or entities other than you. Reservation of Rights. All rights not expressly granted herein are reserved by Black Swan Forex.
2. SUBSCRIPTION PURCHASES:
If you are purchasing the Software on a subscription basis, then, unless your license is terminated earlier in accordance with the EULA, you agree to allow us to automatically renew your subscription on each anniversary date following your date of purchase by directly charging your credit card or debiting your debit card. If you have selected a method of payment other than a credit card or debit card, your subscription will only be renewed if you provide us with a valid payment prior to the anniversary of the date of purchase. You agree to provide us with current, complete, and accurate information for your billing account and will promptly notify us if there is any change in your billing address and, where you have paid by credit card, you will promptly notify us if there is any change to your credit card number, or credit card expiration date or if your credit card has been cancelled. You may terminate your subscription at any time by contacting our customer support team by emailing info@blackswanforex.com at least seven (7) days prior to any anniversary date by informing our customer support team that you would like to terminate your subscription. However, you will not be entitled to a refund of the one year minimum commitment, which is non-refundable. If you choose to cancel your subscription within the first ninety (90) days after your annual renewal, you are entitled to a full refund of the subscription fee paid for the annual renewal only, minus a five dollar ($5) cancellation fee. Past these ninety (90) days, your subscription is non-refundable. You may terminate your subscription at any time by contacting our customer support team by emailing info@blackswanforex.com seven (7) days prior to the next anniversary date of your subscription.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law. You may not use any portion of the SOFTWARE PRODUCT to create derivative products of any kind. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER. Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks or any intellectual property rights of Black Swan Forex. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. Support Services. Black Swan Forex may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Black Swan Forex policies and programs described in "online" documentation, and/or in other Black Swan Forex-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Black Swan Forex as part of the Support Services, Black Swan Forex may use such information for its business purposes, including for product support and development. Termination. Without prejudice to any other rights, Black Swan Forex may terminate this EULA immediately, without notice, if you fail to comply with any of the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. UPGRADES.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Black Swan Forex as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the SOFTWARE PRODUCT that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded SOFTWARE PRODUCT only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER.
5. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Black Swan Forex or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
6. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium, including but not limited to electronic download. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
7. BACKUP COPY.
After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Black Swan Forex solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed material accompanying the SOFTWARE PRODUCT.
8. U.S. GOVERNMENT RESTRICTED RIGHTS.
All SOFTWARE PRODUCT and documentation provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
9. REFUNDS.
If for any reason you are not entirely satisfied with this product you may cancel your subscription as per Part 2 of this document. The initial purchase fee is non-refundable.
10. EXPORT RESTRICTIONS.
You acknowledge that the SOFTWARE PRODUCT licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You agree that you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.