IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS OF JAM STRATEGY TRADING SOFTWARE (THE “SOFTWARE”). BY INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE.
1. License. If you have purchased a license to the Software, JAM Strategy Trading grants you a non-exclusive right and license to use the Software and the related documentation (the “Documentation”) as set forth in this Agreement. You may use the Software on a single computer. You may also use the Software on a second (portable or home) computer so long as only one copy is used at a time. You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. If you download the Software without physical delivery of Documentation, you may review the Documentation online, but you may not make further copies of the Documentation. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.
2. Copying, Transferring or Modifying Software. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the Software unless each user has an applicable license. You may not permit other individuals to use the Software except under the terms listed above. For the purposes of protecting JAM Strategy Trading’s trade secrets, you may not decompile, disassemble, reverse engineer or otherwise display the Software in human readable form. You may not modify, translate, rent, lease, distribute or lend the Software, and you may not sell to others the right to use the Software on your computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement.
3. Derived Works. As part of your license, JAM Strategy Trading provides protected access to some of the Software, referred to as ‘functions’ (the “Functions”). This includes Documentation on how to use the Functions in your own software. You may create new software based on these Functions for your personal use only. You may not sell, rent, lease, distribute or lend (commercially or otherwise) any new software derived from the Software without the prior written approval of JAM Strategy Trading. JAM Strategy Trading may refuse such approval.
4. Term. If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license are effective for a period of thirty (30) days from the date of installation of the Software.
5. Warranty Disclaimers. THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT JAM STRATEGY TRADING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
JAM STRATEGY TRADING DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY JAM STRATEGY TRADING OR BY A REPRESENTATIVE OF JAM STRATEGY TRADING SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY.
Notwithstanding the above, you may have certain warranty rights which vary from state to state and which cannot be disclaimed by contract. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited by law.
6. Limitation of Liability. YOUR SOLE REMEDIES AND JAM STRATEGY TRADING’S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL JAM STRATEGY TRADING BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL JAM STRATEGY TRADING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that JAM Strategy Trading will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.
7. Export Control Laws. You agree to comply with all laws, rules and regulations applicable to the export of the Software or the Documentation. Specifically, you shall not export, re-export or transship the Software or the Documentation, or the direct product thereof, in violation of any United States laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. Government Restricted Rights. The Software has been developed at private expense and is “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense.
9. Entire Agreement. This Agreement is the complete agreement between JAM Strategy Trading and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. If you have any questions concerning this Agreement, you may write to JAM Strategy Trading at support@JamStrategyTrading.com
Neither TradeStation Technologies nor any of its affiliates has reviewed, certified, endorsed, approved, disapproved or recommended, and neither does or will review, certify, endorse, approve, disapprove or recommend, any trading software tool that is designed to be compatible with the TradeStation Open Platform.
NOTHING ON THIS WEB SITE IS AN OFFER OR SOLICITATION OF SECURITIES OR INVESTMENT PRODUCTS OR SERVICES IN ANY JURISDICTION WHERE THEIR OFFER OR SALE OR PERFORMANCE IS NOT QUALIFIED OR EXEMPT FROM REGISTRATION.
Futures, stocks, and spot currency trading have large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, stocks, and forex markets. Don't trade with money you can't afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures, stocks or forex. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. Past performance of indicators or methodology are not necessarily indicative of future results.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.