All Users of any Forex Fusion software agree to be bound by the following “End User License Agreement”, “Profit Guarantee Conditions & Limitations”, and “Refund Policy”. This page will always contain the most up to date version of the agreement in effect, and all users understand and agree that it is their own responsibility to observe the current agreements as displayed here. For significant changes to the EULA, all users of record will be sent an email notification that the EULA has changed and direct them to make sure and visit this page to be sure and be up to date. This notification does not remove the obligation from each end user to always adhere to the current EULA in any and all circumstances. The EULA is also installed upon installation of the software. Use of the software and/or purchase of Forex Fusion products constitutes knowledge of and acceptance of this EULA.
Forex Fusion Software End User License Agreement (EULA) Terms & Conditions
- This is an agreement between Nyx Management LLC, a Limited Liability Company in the state of Florida, USA, and hereafter referred to as “Licensor” and Licensee, who is being licensed to use the Forex Fusion Software (hereafter referred to as “the Software”). Licensee is named and identified on the sales receipt for the Forex Fusion Product covered by this EULA by specific personal name and/or entity name associated with the use of the software. In the absence of a sales receipt, the Licensee is identified by name or entity name as correlating with the unique COMPUTER ID (CID) which is provided by the Licensee and which is recorded in the Nyx Management LLC records as the Licensee of record.
- Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
- This License permits Licensee to install the Software on more than one computer system, as long as the Software will not be used on more computer systems than currently specified by their license (the default maximum unless specified in subsequent written communication by Lessor is 3) and as may be adjusted from time to time in written (including email and web page postings) communication from Licensor. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
3.5 Licensee is specifically prohibited from ANY public broadcast or transmission of data, screen sharing, or publishing/sharing of “screens” that show, state, or otherwise display the contents of any of the Forex Fusion “Dashboard” indicators in ANY media or forum or manner in which any persons who are NOT also Licensees of the same Forex Fusion Software product may view them or the content or values in the dashboard. This may include but is not limited to screen sharing, webinar viewing, online forum posting, video broadcasting or publicly allowed accessing in any way by ANY other entity, individual, or group OTHER than the Licensee themselves. Licensee agrees that any such use shall constitute a material breach of this License Agreement and be cause for immediate and permanent revocation of End User License with no recourse or refund and cause for further legal and punitive action to recover compensatory damages that may have been caused to Licensor. Licensee understands, acknowledges, and agrees that breach of this agreement will cause significant financial damage to Licensor and broadcast of said “Dashboard” values or data in any form (including but not limited to visual, spoken, or in writing, and either online or offline, in text, photo, or video format) will result in punitive claims of at least $100,000 USD per breach occurrence, with possible additional legal, remedial, and injunctive relief agreed to in advance.
- This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium or digital files on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor’s knowledge Licensee’s use of this Software according to the printed documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of 60 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY AND THE BELOW STATED “100% RISK FREE PROFIT GUARANTEE” IN TOTAL REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL OTHER IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 60 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.
- In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee may contact Licensor via email at firstname.lastname@example.org for replacement of defective software files.
- Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
- Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
- Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee, with written notice to the email address on file with Licensor.
- Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
- This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
- This License Agreement is governed by the law of State of Florida USA applicable to Florida contracts.
- This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software
- Licensee acknowledges that this EULA may be amended from time to time by Licensor without notice to Licensee. Licensee acknowledges it is their own responsibility to be aware of any changes, and a current copy of the EULA including any amendments or revisions will always be available at http://forexfusion.com/software-eula/ (this page)
REFUND POLICY AND 100% RISK-FREE PROFIT GUARANTEE CONDITIONS & LIMITATIONS:
Any purchaser of Forex Fusion products understands and agrees that certain components of the product are supplied by 3rd party vendors, and for this reason, may not be returned or refunded fully. The current amount of paid in funds that will be “withheld” from ANY refund processed is $100 in order to cover these 3rd party items. The amount here will always reflect the current withheld amount in effect, and agreement to these terms is a condition to processing the transaction as an order.
Having stated that withholding exclusion to any refund amount and it being agreed to by the purchaser, any “FULL” Editions of Forex Fusion software (specifically exempting the “Test Drive” product) are offered for sale with the following “100% RISK FREE PROFIT GUARANTEE” subject to the below CONDITIONS & LIMITATIONS:
If the purchaser attempts to trade using the Forex Fusion components and keeps documented records of said trades for a 60 day period from the date of purchase, attempting at least 4 trades per week documented during this span, with notation that they were in fact Forex Fusion trades, they may supply this documentation to email@example.com if the documentation indicates that as a result of following the Forex Fusion rules and using the Forex Fusion tools the results would have resulted in a net loss. The “documentation” required must include (in addition to the trade details of each) for EACH trade at least 2 screenshots of the trade template screen (one for trade entry and one at trade exit) plus a screenshot of the dashboard if the product includes a dashboard, taken when the trade chart screen was first opened for that trade. After the documents and screenshots have been reviewed and validated, the purchaser will be refunded for the original paid price minus the withholding amount to allow for 3rd party non-returnable components, as described and quantified above. Refund will be made to account as directed by purchaser within 30 days of validation.
The purchaser understands and acknowledges that Forex Fusion expends significant time and resources to train and support customers, and that products are in large part educational and intellectual property. In accordance with this, the above stated “100% risk free profit guarantee” is the ONLY circumstance under which any refund is offered to the purchaser, and all conditions must be met to the satisfaction of Forex Fusion, including the documentation of the full 60 day period trades with minimum 4 trades per week annotated and verified as Forex Fusion trades using Forex Fusion rules and tools as explained in the accompanying media. REFUNDS ARE NOT OFFERED IN ANY OTHER CIRCUMSTANCE FOR ANY OTHER REASON AND WILL BE DENIED. Purchaser understands and accepts this as a condition of the purchase.
SPECIAL 100% MONEY BACK GUARANTEE TERMS FOR “TEST DRIVE” PRODUCT ONLY:
At any time for the stated term of a “Test Drive” and for 10 full calendar days after expiry of the Test Drive term, any purchaser may make a written request for a refund of the purchase price paid by email to firstname.lastname@example.org of the full “Test Drive” purchase price, no reason need be given. With 30 calendar days, customer will be refunded full purchase price using the original purchase method used by customer. Note that the “Test Drive” product has limitations and exclusions as to its included functionality and components (most notably exclusion of the “Forex Pro Toolkit” component).