FXCM GLOBAL SERVICES, LLC (“FXCM”), AND EACH OF ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “FXCM”) IS
WILLING TO LICENSE THE SOFTWARE (defined below) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”). THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND
FXCM. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND/OR USING THE SOFTWARE. BY USING THE
SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THE EULA AND AGREE TO THEM. IF YOU ARE AGREEING TO
THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO
BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND
BY THE TERMS, THEN YOU CANNOT USE THE SOFTWARE IDENTIFIED BELOW OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS
Software. Software is defined as downloadable FXCM platforms, trading
systems/signals and API’s, including but not limited to Trading Station II, Active Trader, Trading
Station Gateway, Strategy Trader, as well as any other software, updates or error corrections
provided by FXCM, and any associated data, media, files, user manuals, programming guides, signals,
trading strategies, messages, alerts and other documentation provided to you by FXCM or otherwise
disseminated by FXCM.
License. License is defined as a limited, revocable, non-sublicenseable,
non-exclusive, non-transferable right to use Software, granted to you.
GRANT OF LICENSE. FXCM grants you the right to install, use, access, display and run
the Software on any computer or mobile device, where applicable, that you own or control, for
personal, non-commercial use, unless you and FXCM have agreed otherwise in writing, and provided
that you comply with all terms and conditions of this EULA.
SCOPE AND LIMITATIONS. You may not rent, lease, lend, sell, redistribute, reuse,
retransmit, sublicense or exploit the Software including the Software text, graphics, video, audio,
codes, user interface design or logs. You may not copy (except as expressly permitted by this EULA),
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create
derivative works of the Software, any updates, or any part thereof including but not limited to the
Software text, graphics, video, audio, codes, user interface design or logs. Any attempt to do so is
a violation of the rights of FXCM. The terms of the EULA will govern any upgrades provided by FXCM
that replace and/or supplement the original Software, unless such upgrade is accompanied by a
separate license in which case the terms of that license will govern.
The Software is not intended for distribution to, or use by, any person in any country or
jurisdiction where such distribution or use would be contrary to local law or regulation. It is your
responsibility to ascertain the terms of the EULA and comply with any local law or regulation to
which you are subject. You shall not use or permit anyone to use the Software for any unlawful or
The information provided to you in the Software is the exclusive proprietary content of FXCM and
where applicable, its third party vendors, licensors and the affiliates thereof. Nothing in this
EULA shall provide you with any proprietary rights in the Software or any information provided to
you in the Software.
RISKS. As a condition to this License you understand and agree that your download
and/or use of the Software will expose you to risks associated with the download and/or use of
software that may not be compatible with your computer equipment. You hereby agree to accept such
risks, including, but not limited to, failure of or damage to, hardware, software, communication
lines or systems, and/or other computer equipment. FXCM expressly disclaims any liability with
respect to the foregoing, and you agree to fully indemnify, defend and hold harmless FXCM from any
and all damages, liabilities, losses, costs and expenses that may arise therefrom.
CONSENT TO USE OF DATA. You agree that FXCM may collect and use technical data and
related information, including but not limited to technical information about your computer, system
and application software, and peripherals, that is gathered periodically to facilitate the provision
of Software updates, product support and other services to you (if any) related to this EULA.
LINKS TO THIRD PARTY CONTENT. You may link to third party content through the use of
the Software. The third party sites are not under the control of FXCM and FXCM is not responsible
for the contents of any third party sites, any links contained in third party sites, or any changes
or updates to third party sites. Inclusion of any link does not imply an endorsement by FXCM of the
third party site.
Certain third-party information transmitted in the Software may require additional approvals by the
vendor or third party that supplies such information. You are responsible for making application to
and receiving such written approval by the required third-party and paying any fees or charges where
TERMINATION. The License granted to you under this EULA can be terminated by FXCM at
any time without notice, with or without cause. FXCM reserves the right to terminate your rights
under this License without notice from FXCM if you fail to comply with any term(s) of this EULA.
Upon termination of the License, you shall cease all use of the Software, and destroy all copies,
full or partial, of the Software.
You acknowledge that certain information is being supplied by third parties with whom FXCM has
entered into an agreement. In the event any agreement between a third party provider of information
or software and FXCM is terminated, FXCM will stop providing you with this information or software
immediately and without notice. Pursuant to the terms of Section 10, neither FXCM nor any third
party vendor or information provider with whom FXCM has entered into an agreement shall have any
liability to you in connection with such termination.
INTELLECTUAL PROPERTY. You acknowledge that the Software is protected by copyright
and other intellectual property laws. You further acknowledge that all right, title and interest
therein are the sole property of FXCM and its third party licensors, where applicable, and that you
receive no rights, title or interests in the Software except as expressly set forth herein. You
agree not to challenge either FXCM’s or any third party licensor’s rights in or otherwise attempt to
assert any rights in the Software, except those provided under this EULA.
NO WARRANTY: FXCM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SOFTWARE IS MADE AVAILABLE TO YOU “AS IS” AND “AS
AVAILABLE” AND FXCM DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. FXCM DOES
NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS, OR THAT YOUR USE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE. FXCM ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE
SOFTWARE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL RELATED TO THE SOFTWARE WILL MEET YOUR EXPECTATIONS. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY FXCM OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. FXCM
AND ITS THIRD PARTY CONTENT PROVIDERS, THIRD PARTY LICENSORS AND ANY AFFILIATES THEREOF DO NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE ACCURACY OR TIMELINESS OF ANY AND ALL INFORMATION
PROVIDED VIA THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY
NOT APPLY TO YOU.
LIMITATION OF LIABILITY: TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL FXCM,
ANY THIRD PARTY CONTENT PROVIDER, ANY THIRD PARTY LICENSOR OR ANY AFFILIATES THEREOF BE LIABLE FOR
PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES (“LOSSES”), ARISING OUT OF OR RELATED TO YOUR USE OR
INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT
OR OTHERWISE) AND EVEN IF FXCM, ANY THIRD PARTY CONTENT PROVIDER, ANY THIRD PARTY LICENSOR OR ANY
AFFILIATES THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, EXCEPT AS
OTHERWISE REQUIRED BY LAW, FXCM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM
A CAUSE OVER WHICH SUCH FXCM DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR
MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED
ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD,
EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND
OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO YOU. USE OF ANY THIRD-PARTY SOFTWARE WILL BE GOVERNED BY THE APPLICABLE
LICENSE AGREEMENT, IF ANY, WITH SUCH THIRD PARTY. FXCM IS NOT RESPONSIBLE FOR ANY THIRD-PARTY
SOFTWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR LOSSES RESULTING FROM YOUR USE OF SUCH
THIRD-PARTY SOFTWARE WITH FXCM’S SOFTWARE. FXCM MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH
GOVERNING LAWS AND JURISDICTION. Unless otherwise agreed, this EULA and it’s
enforcement is governed by the laws of the state of New York, without regard to principles of
conflicts of law, and shall inure to the benefit of FXCM’s successors and assigns, whether by
merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact
business with FXCM in New York or elsewhere. Unless a dispute would be governed by an applicable
arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state
courts located within the city and county of New York, NY and hereby waive any objection to the
convenience or propriety of venue therein. Provided however, that nothing herein shall prevent FXCM
from bringing any action in the courts of any other jurisdiction. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder
of this License shall continue in full force and effect.
Governing Language. Any translation of this License is done for local requirements
or for your convenience. In the event of a dispute between the English and any non-English versions,
the English version of this License shall govern, to the extent not prohibited by local law in your
Modifications to the EULA. FXCM reserves the right to change the terms and
conditions of the EULA at any time with or without notice by posting such changes on the Software.
You are responsible for regularly reviewing these terms and conditions for any modifications and
agree to be bound by the same.