Paper-Trader Stock Market Simulator

Terms of Use

IMPORTANT: YOU MUST READ THESE TERMS AND CONDITIONS BEFORE EITHER PURCHASING OR INSTALLING THE PAPER-TRADER SOFTWARE. BY PURCHASING OR INSTALLING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS.

THIS IS A SIMULATION PROGRAM WHICH ALSO PROVIDES FACTUAL INFORMATION. THE SOFTWARE DOES NOT PROVIDE YOU WITH FINANCIAL ADVICE AND IS FOR EDUCATIONAL PURPOSES ONLY. BY PURCHASING OR INSTALLING THE SOFTWARE YOU AGREE AND ACKNOWLEDGE THAT THE SOFTWARE DOES NOT PROVIDE FINANCIAL ADVICE AND YOU WILL USE IT FOR SIMULATION AND EDUCATIONAL PURPOSES ONLY.

IF YOU REQUIRE ANY FINANCIAL ADVICE WHATSOEVER IN RESPECT OF ANY OF THE TRANSACTIONS CONTEMPLATED BY THIS SOFTWARE OR OTHERWISE, CONSULT A LICENSED AND APPROPRIATELY QUALIFIED FINANCIAL ADVISOR.

Paper-Trader End User Licence Agreement

AGREEMENT

1    Grant Of Licence

1.1 This End User Licence Agreement (the “Agreement”) is a legal agreement between you, (the “End User”, a term which includes references to “you” and “your”, whether you are an individual or an incorporated body) and Seagreen Investments Trust (“Seagreen”) to use the Software and the Documentation by way of licence;

1.2  Seagreen hereby grants to you a limited, non-exclusive and personal licence to use the Software for the purposes described in the Documentation;

1.3 By installing or using any of the Software you agree to be bound by the terms, conditions, restrictions and limitations of this Agreement.

2     No Provision of Financial Advice, Services or Products

2.1 This Software is a education and training program which provides access to factual information. The Software or Seagreen do not provide financial advice, services, products or recommendations;

2.2 You or any other person must not rely on the Software, Documentation or any Third Party Resource as being financial advice or the provision of financial services;

2.3 Seagreen does not warrant accuracy of any of the data, calculations or methodologies contained in the Software. Seagreen does not warrant that the Software will replicate any particular financial market accurately.

3    Delivery

3.1 Subject to this clause and clause 4, Seagreen will provide you with one copy of the Software on CD ROM, or delivered electronically depending on the Software package purchased;

3.2 Whilst Seagreen will make best endeavours to provide the Software within 7 days, Seagreen will not be liable in any respect to you or any third party for failure to do so;

3.3 You may install the Software on one computer only (the “Designated Equipment”) for use by you, being one user only; Seagreen may at its sole discretion allow the software to be installed on up to 3 computers (the “Designated Equipment”) for use by you, being one user only;

3.4 You are responsible for the installation of the software, however Seagreen will provide reasonable instruction by telephone or email in respect of the installation. Seagreen is unable to assist you with any conflicts with your operating system or hardware incompatibility.

4    Payment

4.1 You must pay the purchase price specified by Seagreen for Paper-Trader Base and each module required plus the costs of postage and handling;

4.2 For modules which are billed on a per month, quarterly or annual basis, the Term runs from the date you first pay for the module;

4.3 Until payment is received in full, Seagreen may terminate this Agreement immediately by giving notice to you.

5     Term of Licence

5.1 Where you have purchased the Paper-Trader Base or the Live Add-In Module you may use them for an indefinite period subject to clause 5.3 and clause 14.

5.2 Where you have purchased a module that is paid for a monthly, quarterly or annual basis, you may only use them for the period for which you have paid and any subsequent paid renewal periods.

5.3 If you are not fully satisfied with the Paper-Trader Base or the Live Add-In Module then you may cease using the Software and un-install it from any computers on which you have installed it and return the Software, program discs and all Documentation (including copies) to Seagreen by registered post within 60 days of initially receiving the Software to receive a full refund of the Software price (excluding postage and handling and any credit card charges) within 7 days of receipt of the returned Software by Seagreen; Payments for modules which are billed on a per month, quarterly or annual basis are not refundable either in whole or in part.

5.4 You agree and accept that in order to use the Software it may require first to be registered with Seagreen. Whilst Seagreen will make best endeavours to provide registration of the Software, it will not be liable in any respect to you or any third party for failure to do so.  Should Seagreen terminate support for registration of the Software, Seagreen may make available, by means at its discretion, a version of the Software that does not require registration. Seagreen may charge a fee to cover the costs of postage and handling associated with providing such a version of the Software.

5.5 Seagreen and other authorised companies may send you marketing material from time to time.

6     Licence Conditions

6.1 You may only use the Software:

(a) In the manner specified in the Documentation and in accordance with the normal operating procedures as notified by Seagreen;

(b) As authorised by this Agreement;

(c) Yourself;

(d) On the Designated Equipment;

(e) For learning, simulation purposes and access to factual information.

6.2 You will not copy, alter, modify, adapt, sell, distribute or reproduce the Software except to the extent, if any, authorised by this Agreement.

6.3 You will not reverse assemble or reverse compile or directly or indirectly allow or cause any third party to reverse assemble or reverse compile the whole or any part of the Software.

6.4 In addition to any other remedies available to Seagreen under this Agreement or otherwise, any unauthorised use, alteration, modification, reproduction, adaptation, publication, disclosure or transfer of the Software will entitle Seagreen to any available equitable remedy against you.

6.5 Except to the extent specified in this Agreement, if any, Seagreen will not be obliged to support the Software, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise.

6.6 You acknowledge that there is no transfer of title or ownership to you of the Software or the Documentation, data or resources, modifications, updates, new releases or additional modules of the Software or any Third Party Resource.

6.7 Otherwise than in accordance with this Agreement, any information, data or resources provided in or accessed by or linked from this Software may not be copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part or otherwise disseminated to others.

6.8 Subject to sub-clause 6.9, you will not copy or reproduce the Software or Documentation by any means or in any form without Seagreen’s prior written consent.

6.9 You may make one copy of the Software for the purpose of backup and security. You acknowledge such copy as the property of Seagreen, and the terms of this Agreement, with any necessary modifications, apply to such copy.

6.10 You will ensure any copy of the Software made pursuant to this Agreement bears notice of Seagreen’s ownership of copyright and a notice stipulating that the Software contains information confidential to Seagreen. You will comply with any directions of Seagreen as to the form or content of such notices;

6.11 All title and Rights in and to the Software are owned by Seagreen. Australian copyright laws and international treaty provisions protect the Software.

7     Documentation

7.1 One copy of the Documentation is licensed to you for the Term of the Agreement.

7.2 You will not copy or reproduce the Documentation except to the extent expressly authorised by this Agreement, or in writing by Seagreen.

8     Security

8.1 You will be solely responsible for the use, supervision, management and control of the Software and Documentation.

8.2 You will ensure that the Software is protected at all times from misuse, or any form of unauthorised use.

9     Licence Fees

9.1 If you elect to purchase licences for any Additional Modules then you must pay the Licence Fees to Seagreen at the rate and in the manner specified by Seagreen from time to time.

9.2 All charges and fees are shown as exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply and installation of the Software. You must pay GST at the applicable rate in addition to the charge or fee specified.

10     Warranty

10.1 For the duration of the Warranty Period, Seagreen warrants that the Software will operate in conformity with the Documentation in all material respects. However Seagreen does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted, error free or will appear as described in the Documentation.

10.2 If at any time during the Warranty Period there is a defect in the Software such that the Software does not materially comply with or cannot be used in accordance with the Documentation, you will notify Seagreen of such perceived defect during the Warranty Period.

10.3 Seagreen will investigate the perceived defect notified pursuant to sub-clause 2 and on the verification of the existence of the defect, Seagreen may either (at its sole election) rectify such defect without additional charge to you, replace the software or refund the purchase price of the software upon you returning it to Seagreen on its request

10.4 If due investigation by Seagreen of a defect reported pursuant to sub-clause 2 reveals that no such defect in fact exists, or that such defect is a result of user error or improper use of the Software or the hardware on which it is installed, Seagreen may recover Additional Charges for such investigation and rectification.

10.5 Seagreen will not be liable under this clause to the extent that a defect is caused by you or a third party, including the failure of you or a third party to maintain the operating environment designated in the Documentation or to otherwise use the Software in accordance with specifications issued by Seagreen from time to time, whether in the Documentation or otherwise.

11     Third Party Information

11.1 Data and resources utilised by or linked from the Software may be provided by third parties (“Third Party Resources”).

11.2 Seagreen does not warrant the accuracy of any Third Party Resources or information whether identified as such or not. The use of or access to such data is strictly on the terms specified by the third parties.

11.3 By using web links incorporated in the Software, you are acknowledging and agreeing that you are bound by the terms and conditions of the third party sites and third party providers. You must ensure you familiarise yourself with the terms and conditions of their use prior to your use and not breach any term or condition of such use.

11.4 In accessing or using the Third Party Resources you are agreeing to be bound by the terms and conditions of the third party provider of such.

11.5 Seagreen does not warrant that the third party sites or Third Party Resources will be available, operational, error or virus free.

12     Implied Terms

12.1 Subject to sub-clause 12.2, any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.

12.2 Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in this Agreement. However, the liability of Seagreen for any breach of such condition or warranty is limited, at the option of Seagreen, to one or more of the following:

(a) if the breach relates to goods:

(1) the replacement of the goods or the supply of equivalent goods;

(2) the repair of such goods;

(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(4) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services

(1) the supplying of the services again; or

(2) the payment of the cost of having the services supplied again.

13     Liability of Seagreen

13.1 Seagreen will not in any circumstances be liable for any financial loss, howsoever arising by you or anyone else as a result of use or reliance on the Software, its methodologies, or any Third Party Resources.

13.2 Except in relation to liability for personal injury, Seagreen will not be liable to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly, from, out of or in respect of goods or services supplied pursuant to this Agreement or in respect of a failure or omission on the part of Seagreen to comply with its obligations under this Agreement.

13.3 Subject to sub-clause 13.4, you warrant that you have not relied on any representation made by Seagreen which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by Seagreen.

13.4 You acknowledge that to the extent Seagreen has made any representation which is not otherwise expressly stated in this Agreement, you have been provided with an opportunity to independently verify the accuracy of that representation.

13.5 You will at all times indemnify and hold harmless any provider of the Third Party Resources, Seagreen and its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:

(a) a breach by you of your obligations under this Agreement; or

(b) any wilful, unlawful or negligent act or omission of you.

14     Termination

14.1 Without prejudice to any other rights Seagreen may have, Seagreen may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or the terms and conditions of any Third Party Resource. In such event you must immediately cease using the Software and uninstall and destroy all copies of the Software and the Documentation

15     General

15.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

15.2 Neither this Agreement, nor any of its rights or obligations, may be assigned by you without Seagreen’s written consent.

15.3 Seagreen may consent to the assignment or novation of this Agreement by you subject to such conditions as it chooses to impose.

15.4 This Agreement may only be varied in writing signed by the parties.

15.5 Subject to any provision to the contrary, this Agreement shall enure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers but shall not enure to the benefit of any other persons.

15.6 The covenants, conditions and provisions of this Agreement which are capable of having effect after expiration of the Agreement will remain in full force and effect following the expiration of the Agreement.

15.7 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement will remain otherwise in full force apart from such provisions which will be deemed deleted.

15.8 This Agreement will be governed by and construed according to the law of the State of Queensland.

16     Definitions

16.1 In this Agreement, unless the contrary intention appears:

“Additional Charge” means a charge in accordance with Seagreen’s standard rates in effect from time to time;

“Additional Modules” means the additional modules to the Paper-Trader Software including Premium Data and Premium Research.

 “Designated Equipment” means one computer in your control and any replacement computer, but only on one computer at any one time;

“Documentation” means the user manuals and other printed materials provided with the Software;

 “Rights” means any and all worldwide proprietary, intellectual and industrial property rights, including rights in respect of or in connection with:

(i) any confidential information;

(ii) any copyright (including future copyright and rights in the nature of or analogous to copyright);

(iii) inventions (including patents);

(iv) trade marks, service marks; and

(v) any designs, circuit layouts or other technology.

(vi) Know-how, ideas and concepts

(vii) All accrued rights and entitlements, including civil and other rights against third parties, pertaining to the Software and/or the Documentation and arising from or out of the matters referred to in sub-paragraphs (i) through (vi).

“Software” means the software known as Paper-Trader and includes Paper-Trader Base, Live Add-In Module, Premium Data Module, Premium Research Model and any other modules released or provided by Seagreen from time to time consisting of a set of instructions or statements in machine readable medium and any enhancement, modification, update or new release of that software or part thereof;

“Term” in respect of the Paper-Trader Base and Live Add-In Module means an indefinite period of time; in respect of the Premium Data Module and Premium Research Module it means each period for which you have paid the monthly or annual fees.

“Third Party Resource” means any information, data, resource or utility provided by a third party either directly, linked from the Software or contained in the Software.

 “Warranty Period” is the period of 3 months commencing on the date the Software is delivered to you;

“You” and “Your” is a reference to and means the same as End User.

17     Interpretation

17.1 In this Agreement, unless the contrary intention appears:

(a) the clause headings are for ease of reference only and shall not be relevant to interpretation;

(b) a reference to a clause number is a reference to its sub-clauses;

(c) words in the singular number include the plural and vice versa;

(d) words importing a gender include any other gender;

(e) a reference to a person includes bodies corporate and unincorporated associates and partnerships;

(f) a reference to a clause is a reference to a clause or sub-clause of this Agreement;

(g) a reference to a sub-clause is a reference to a sub-clause of the clause in which that reference is made;

(h) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

(i) a reference to a Schedule includes a reference to any part of that Schedule which is incorporated by reference;

(j) the recitals to this Agreement do not form part of the Agreement;

(k) monetary references are references to Australian currency.

BY INSTALLING THIS SOFTWARE THE END USER ACKNOWLEDGES THAT THE END USER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. THE END USER AGREES AND ACKNOWLEDGES THAT THE USE OF THE SOFTWARE IS NOT FOR AND IN ITSELF IS NOT THE PROVISION OF FINANCIAL ADVICE AND WILL BE USED FOR EDUCATIONAL PURPOSES AND ACCESS DATA ONLY.