SERSART LLC END USER LICENSE AGREEMENT (“EULA”)

SerSart LLC

Trade While on the Go

Now having a mobile phone with internet access allows you to get your trading done on the run. The mobile phone can be used to start and stop trades, monitor currency rates and accounts. That’s right - your cell phone now has the potential of becoming a mobile trading station in its literal sense. The mobile software behaves almost identically to the software you would use on your desktop computer, with one great advantage - you can take it anywhere! We hope, as one of our clients, you will enjoy and benefit from the unique services we provide. Should you have any comments or suggestions, do not hesitate to contact our customer support service.

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SERSART LLC END USER LICENSE AGREEMENT (“EULA”)

PLEASE READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT AND USING THE SOFTWARE. THIS SOFTWARE EULA IS A LEGAL AGREEMENT BETWEEN YOU AND SERSART LLC. BY USING THE SOFTWARE PROVIDED WITH THIS AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS CONTAINED IN THIS AGREEMENT. DO NOT USE THE SOFTWARE IF YOU DO NOT AGREE TO BE BOUNG BY THE TERMS OF THIS AGREEMENT. YOUR USE OF THE SOFTWARE IS CONDITIONED UPON COMPLIANCE WITH THESE TERMS.

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA. YOU AGREE TO SUBMIT ALL DISPUTES IN CONNECTION WITH THIS AGREEMENT TO THE COURTS OF THE STATE OF NEW YORK, COUNTY OF NEW YORK.

1. Definitions.

“Agreement”: the term “Agreement” refers to this End-User License Agreement between You and SerSart.
“Effective Date”: the term “Effective Date” refers to the date on which you accepted this Agreement. You are deemed to have accepted this agreement by clicking the ACCEPT button during the installation process or by downloading the Software.
“Intellectual Property Rights”: the term “Intellectual Property Rights” includes any and all intellectual property rights, including all copyrights, trademarks, patents, and trade secrets, trademark and trade dress.
“Software”: the term “Software” refers only to software distributed by SerSart and shall include SerSart Thunder MTS, all upgrades and changes to the Software and all documents accompanying the Software or made available to you by SerSart.
“You”: the terms “You” and “Your” refer to the End-user of the software. “You” and “Your” shall mean an individual, if used or downloaded by an individual, or an entity, if used or downloaded by an entity.

2. License Grants:

(a) Subject to the terms of this Agreement, SerSart hereby grants You a non-transferable, non-exclusive, license to install and use the Software on Your mobile device for your own personal use (if individual) or internal business use (if entity).

License Restrictions:

(a) You agree that You will only copy the Software into any machine as necessary to use it in accordance with this Agreement.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
(c) You may not sell, assign, rent, lease, sublease, act as an intermediary or provider, or otherwise grant Software rights to third parties.
(d) You may not modify the Software or create derivative works based upon the Software.
(e) You may not use the Software to develop any application having the same primary function as the software.

3. Proprietary Rights. The Software and all accompanying documentation are the proprietary rights of SerSart or its licensors. SerSart proprietary rights are protected pursuant to national laws and international treaty provisions, including copyright, trade secret, trade dress, patent and trademark laws. Ownership of Software and all copies, modifications, translations, and merged portions thereof shall at all times remain with SerSart or its licensors. You hereby acknowledge that no Intellectual Property Rights are transferred to You pursuant to this agreement and that You may not remove, obscure or make illegible any Intellectual Property indicators on the Software or accompanying documentation.

4. Terms and Termination.

Term: This Agreement shall be effective from the Effective Date until either You or SerSart terminates this agreement for the reasons set forth herein.

Termination by SerSart: SerSart reserves the right to limit, suspend, or terminate this Agreement thus prohibiting Your use of the Software and terminate Your User Account and/or User ID, if you are in breach of this Agreement, fail to comply with CFTC and NFA rules, if You are engaging in fraudulent or illegal activities, or for other similar reasons. You will be notified of the termination either by receiving a notice of termination forwarded to the email address You have provided, and/or by preventing Your access to the respective user account. SerSart reserves the right to eliminate information on user accounts that have been inactive for more than six (6) month.

Termination by You: You may terminate this Agreement at any time, with or without cause.

Consequences of Termination: Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the SerSart Software shall terminate, and (b) will cease any and all use of the SerSart Software.

5. Limitation of Liability. SerSart or its licensors shall not be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages. This includes but is not limited to liability for damages, loss of data, loss of business, damages of inability to use equipment, loss of profits or any other business interruptions arising out of the use of or inability to use the software. SerSart or its licensors limit their liability based on the following: tort liability, breach of contract, breach of warranty, products liability or otherwise. SerSart will not be liable in relation to any damage caused by the termination of this Agreement. SerSart will not be held liable to You for actual damages for any cause whatsoever. As the electronic trading system is provided by a third-party provider, to the extent not prohibited by law, SerSart shall not be liable for any losses or damages suffered or incurred from the use, operation, order execution or performance of main electronic trading platform. In addition, SerSart shall have no responsibility or liability for any direct, indirect, punitive, incidental, special or consequential damages that arise from any fault, inaccuracy, omission, delay or any other failure in main electronic trading platform. In addition SerSart in not liable for any connectivity issues with your mobile service provider and/or mobile device functionality errors.

6. No warranties. SERSART PROVIDE NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” AND NO REPRESENTATIONS ARE MADE WITH REGARD TO THE QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SERSART DOES NOT REPRESENT OR WARRANT THAT THE SERSART SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. SERSART MAKES NO WARRANTY THAT ANY SOFTWARE DOWNLOADED ONTO SUBSCRIBER'S DEVICE WILL BE COMPATIBLE WITH SERSART PLATFORM AND NEVER EXPLICITLY NOR IMPLICITLY GUARANTEE ANY LEVEL OF SERVICE. YOU HEREBY ACCEPT SUCH RISKS, INCLUDING BUT NOT LIMITED TO, FAILURE OF OR DAMANGE TO, HARDWARE, SOFTWARE, COMMUNICATION LINES OR SYSTEMS, AND/OR OTHER EQUIPMENT.

7. SerSart Disclaimer. This software and documentation constitute an unpublished work and contain valuable trade secrets and proprietary information belonging to SerSart. None of the foregoing material may be copied, duplicated or disclosed without the express written permission of SerSart. SERSART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE, AND WARRANTIES OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE SOFTWARE OR DOCUMENTATION. Under no circumstances shall SerSart be liable for incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, or related expenses which may arise from use of software or documentation, including but not limited to those resulting defects in software and/or documentation, or loss or inaccuracy of data of any kind. SerSart provides its service through Client’s electronic trading platform which is a third-party provider. Client should be aware that SerSart: a) does not endorse such third party platforms; b) has no control over the third-party platform performance, c) has no control over communication infrastructure and accessibility of Client’s main electronic trading platform d) is not responsible for any connectivity issues with your mobile service provider and/or mobile device functionality errors.

8. General Provisions.

Upgrades: SerSart at its sole discretion, reserve the right to add features or functions, or to provide programming fixes, updates and upgrades, to the Software. SerSart has no obligation to make available to You any subsequent versions of the SerSart Software. In the event you want to download install or use a new version of the Software You may have to enter into a renewed version of this Agreement.

Additional Support/Services: This Agreement applies to downloading, installing and using this Software. The use of any additional services which may be offered by SerSart may include additional charges and may be subject to the additional Terms of Service provided by SerSart.

New versions of the Agreement: SerSart reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the SerSart website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier by clicking on the accept button. The acceptance by You, or Your continued use of the SerSart Software shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement.

Entire Agreement: The terms and conditions of this Agreement constitute the entire Agreement between You and SerSart with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

Partial Invalidity: Should any term or provision in this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

Assignment by SerSart: SerSart may, at their sole discretion, assign this Agreement or any rights hereunder to any other party or affiliate, without giving prior notice.

Language: The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

BY DOWNLOADING AND USING SERSART THUNDER MTS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.