The current end user license agreement (EULA) is displayed on this page, except where your EULA may already contain upcoming amendments listed on our EULA amendment page dependent on the date you installed TradeItself. Your EULA may be different in this way because EULAs displayed during installation of TradeItself incorporate all upcoming amendments with a notice date prior to, or same as, your installation date.

Please find upcoming amendments posted on our EULA amendment page.

END-USER LICENSE AGREEMENT

This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("CUSTOMER" or "YOU"), and Jonathan R. Hill Limited ("JRH").

By installing, copying, or otherwise using the above software product, including computer software, associated media, any printed materials, and any "online" or electronic documentation (the "SOFTWARE"), you agree to be bound by the terms of this EULA. CLICKING "I Agree" OR INSTALLING OR USING THE SOFTWARE INDICATES YOUR CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Definitions

2.1 Unless the context otherwise requires:

2.1.1 “SOFTWARE” means the TradeItself software product, including computer software and associated media and files.

2.1.2 “SUBSCRIPTION LICENSE FEE” means the amount of money to be paid to JRH for grant of license of SOFTWARE for duration of agreed subscription period (usually one calendar month). This money is to be paid in advance of, or at the commencement of the subscription period.

2.1.3 “CURRENT SUBSCRIPTION PERIOD” means the most recent period of time (usually one calendar month) for which a SUBSCRIPTION LICENSE FEE (see 2.1.2) is fully paid.

2.1.4 “SUPPORTING SOFTWARE PROGRAMMES” means any software with which SOFTWARE (see 2.1.1) interacts.

3. GRANT OF LICENSE

3.1 The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

3.2 The SOFTWARE is licensed, not sold.

3.3 Any rights not explicitly granted under this EULA are hereby reserved.

3.4 Except where stated below in 6.3, this EULA grants you the following personal, non-exclusive, non-transferable rights for the duration of the CURRENT SUBSCRIPTION PERIOD:

3.4.1 You may use the SOFTWARE on any single computer; use the SOFTWARE on a network, provided that each person accessing the SOFTWARE through the network must have a copy licensed to that person; use the SOFTWARE on a second computer so long as only one copy is used at a time; or copy the SOFTWARE for archival purposes, provided any copy must contain all of the original SOFTWARE proprietary notices.

3.4.2 You may not decompile, disassemble, extract or otherwise reverse engineer any of the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You shall not have the right to obtain or use any source code for the SOFTWARE, nor copy, reproduce, or distribute the SOFTWARE except as provided above. You agree not to rent or lease the SOFTWARE, nor use the SOFTWARE to render time sharing or service bureau services.

4. WARRANTY, REMEDY AND LIMITATIONS

4.1 LIMITED EXPRESS WARRANTY - JRH warrants that

4.1.1 the SOFTWARE will perform substantially in accordance with the accompanying “online” electronic documentation during the CURRENT SUBSCRIPTION PERIOD and

4.1.2 any Support Services provided by JRH shall be substantial as described in applicable “online” electronic documentation and JRH will make commercially reasonable efforts to solve any problem issues.

4.2 CUSTOMER REMEDIES -Your remedy shall be, at JRH's option, either

4.2.1 return of the price paid for the CURRENT SUBSCRIPTION PERIOD or

4.2.2 repair or replacement of the SOFTWARE that does not meet JRH's Limited Express Warranty.

4.2.3 If you are not dealing as a consumer in the UK or Ireland, this shall constitute your exclusive remedy and JRH’s entire liability.

4.3 This Limited Express Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, misapplication or failure of SUPPORTING SOFTWARE PROGRAMMES beyond JRH’s control.

4.4 Neither these remedies nor any product support services offered by JRH are available without proof of purchase.

4.5 TERMS THAT APPLY IF YOU ARE DEALING AS A CONSUMER IN THE UK OR IRELAND:

4.5.1 NO OTHER WARRANTIES FROM JRH. JRH does not make any other warranties or promises about the SOFTWARE.

4.5.2 LIMITATION OF LIABILITY. JRH's liability shall not in any event include losses, whether personal or related to your business, such as lost data, lost savings, lost profits or business interruption. To the extent that you could have avoided damages by taking reasonable care, including by backing up your software and other files, JRH will not be liable for such damages.

4.5.3 NOTE: As to any product that qualifies as "goods", your statutory rights are not affected

4.6 TERMS THAT APPLY IF YOU ARE NOT DEALING AS A CONSUMER IN THE UK OR IRELAND:

4.6.1 EXCLUSION OF IMPLIED TERMS - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JRH DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COLLATERALLY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. Any implied warranties that are not deemed excluded are limited to the price paid for the CURRENT SUBSCRIPTION PERIOD or the shortest period permitted by applicable law, whichever is greater.

4.6.2 NO LIABILITY FOR CONSEQUENTIAL DAMAGES - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JRH SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES (INCLUDING, WITHOUT LIMITATION, THROUGH NEGLIGENCE), EVEN IF JRH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, JRH'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE for the CURRENT SUBSCRIPTION PERIOD. To the extent that you could have avoided damages by taking reasonable care, including by backing up your software and other files, JRH will not be liable for such damages.

4.7 GENERAL TERMS.

4.7.1 YOU accept that no software product is error-free.

4.8 The above warranty and liability limitations do not apply in the case of direct personal injury or death caused by the negligence of JRH.

5. UPGRADES

5.1 If SOFTWARE is designated by JRH as an "Upgrade" product, then you may only use the Software if the CURRENT SUBSCRIPTION PERIOD applicable to YOU has yet to expire.

5.2 Unless the JRH documentation for an Upgrade specifically provides, you may not separate upgrade products from base products, nor transfer them separately. 

5.3 JRH reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to Upgrades.

5.4.1 JRH may maintain and modify SOFTWARE during the CURRENT SUBSCRIPTION PERIOD, whether by the provision of new releases, revisions, updates, upgrades, enhancements or otherwise, and may do so without Notice to the Customer.

5.4.2 If required by JRH, YOU must download and install or otherwise use any such modifications to SOFTWARE in accordance with the Instructions for Use applicable thereto, before continuing to use the SOFTWARE concerned.

6. TERMINATION

6.1.1 The license will terminate automatically if YOU fail to comply with the limitations described herein OR

6.1.2 YOU do not elect to continue the license following the expiration of the CURRENT SUBSCRIPTION PERIOD.

6.2 On termination, YOU must uninstall and destroy all copies of the SOFTWARE.

6.3.1 JRH shall be entitled, for whatever reason, to terminate your license on 30 days notice to you OR

6.3.2 the remainder of the CURRENT SUBSCRIPTION PERIOD, whichever is the shorter.

6.3.3 Any subsequent payment by YOU of SUBSCRIPTION LICENSE FEE shall not entitle YOU to grant of license and shall be fully refunded to YOU as soon as is reasonable.

7. JURISDICTION AND CHOICE OF LAW
This EULA is governed by the law of England and Wales and You and JRH agree to submit to the exclusive jurisdiction of the courts of England and Wales in the event of a dispute.

8. INVALIDITY OF AGREEMENT

In the event of invalidity of any provision in this Agreement, such invalidity shall not affect the validity of the remaining portions thereof.

9. MODIFICATIONS OF THIS EULA

9.1 As JRH's business is constantly evolving and JRH is adding or modifying features and benefits relating to SOFTWARE from time to time, it is necessary for JRH to be able to amend this EULA to reflect these changes. JRH may amend this EULA at any time by posting the amended terms on JRH website at http://www.tradeitself.com/eula.aspx.

9.2 All amended terms shall be effective 30 days after they are initially posted on JRH website at http://www.tradeitself.com/eulaamends.aspx. In addition, you can request to receive email notification of upcoming EULA amendments by sending an email to support@tradeitself.com with the words “EULA Amendment Notification Request” in the email subject.

9.3 Upcoming EULA amendments will be posted on JRH website at http://www.tradeitself.com/eulaamends.aspx.

10. PRIOR AGREEMENTS SUPERSEDED

This is the entire agreement between YOU and JRH and supersedes any prior agreement, whether written or oral, and all other communications between JRH and YOU relating to the subject matter of this Agreement.