REMORA MARKETS

END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE REMORA MARKETS SOFTWARE. BY USING THE REMORA MARKETS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS AND/OR USE THE REMORA MARKETS SOFTWARE.

This Agreement is entered into between you, as a private person or a company ("Licensee") and Remora Markets, a company organised under the laws of the Republic of Mauritius with a registered office situated at Office 2, Level 4, ICONEBENE, Lot B441, Rue de l’Institut, Ebene, Mauritius ("Licensor"). By installing, using or otherwise copying all or any portion of the software and services (the "Licensed Products") the Licensee agrees to be bound by the terms and conditions of this Agreement.

Definitions

1. License

  1. a. License Grant Licensor grants to Licensee a non-exclusive, limited, non-transferable license to install and use the Licensed Products.
  2. b. Documentation Licensee may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for the purpose of using the Licensed Products by the Licensee and are not to be republished or distributed either in hard copy or electronic form.
  3. c. Copies Licensee may not ever copy or in any way duplicate the Licensed Products.

2. Restrictions

Licensee shall not:

3. Ownership

Licensor reserves all rights not expressly granted to Licensee under this Agreement. The Licensed Products and all worldwide intellectual property and proprietary rights therein and relating thereto, are and will remain the exclusive property of Licensor or its licensors, if any. Licensee will have no right, title or interest (whether by implication, estoppel, or otherwise) in or to the Licensed Products or any Intellectual Property Rights therein or thereto. Licensor retains all rights, title and interest in and to any and all trademarks and logos of Licensor displayed on or in the Licensed Products. Licensee agrees not to challenge or contest Licensor’s rights to or ownership of, or otherwise attempt to assert any rights in, the Licensed Products.

4. Maintenance and Support

Licensor will use commercially reasonable efforts to provide Licensee with maintenance and support services in accordance with its current standard practices (as amended from time to time). Licensor shall have no obligation to support any version other than the then current and immediate prior version of the Licensed Products.

5. Updates

The Licensed Products are subject to change without notice to Licensee. During the term, updated versions of the Licensed Products may be created or issued by Licensor from time to time. At its sole option, Licensor may make such updates available to Licensee of the Licensed Products.

6. Term and Termination

  1. a. Term This Agreement shall commence upon acceptance of the terms and conditions set out herein and continue in effect until terminated as provided herein.
  2. b. Termination Without prejudice to any other rights and without notice, Licensor may terminate this Agreement and Licensee’s right to use the Licensed Products if Licensee fails to comply with any of the terms and conditions of this Agreement.
  3. c. Effect of Termination Upon termination of this Agreement and Licensee’s right to use the Licensed Products for any reason, all rights, obligations and licenses of the Licensor and Licensee hereunder shall cease. All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on ownership, proprietary rights, warranty disclaimers, liability and remedy limitations.

7. Confidentiality

a. Scope The term Confidential Information means all trade secrets, know-how, designs, software, documentation and other financial, business or technical information of Licensor or any of its suppliers that is disclosed by or for Licensor in relation to this Agreement, but not including any information Licensee can demonstrate is (a) rightfully furnished to it without restriction by a third party without breach of any obligation to the Licensor; (b) generally available to the public without breach of this Agreement; or (c) independently developed by it without reliance on such information. All designs, software and documentation associated with the Licensed Products are Confidential Information.

b. Confidentiality Except for the specific rights granted by this Agreement, Licensee will hold the Confidential Information in strict confidence during the term of this Agreement and until such Confidential Information falls within the public domain. Licensee will take reasonable steps to ensure that its employees and agents also comply with the strict confidentiality obligations of this section.

8. Disclaimer of Warranty

Licensee expressly acknowledges and agrees that use of the Licensed Products is at Licensee’s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with Licensee. Except for the maximum extent permitted by applicable law, the Licensed Products are provided "as is", with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Licensed Products, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Licensed Products...

10. Remedies

Licensee's sole and exclusive remedy for any breach of warranty or defect or error in the Licensed Products is set forth in this Agreement...

11. Indemnification

By accepting this Agreement, Licensee agrees to indemnify and otherwise hold harmless Licensor, its officers, employees, agents, subsidiaries, affiliates, suppliers and other partners...

12. General Provisions

  1. a. Entire Agreement This Agreement contains the entire agreement and understanding between the parties with regard to the subject matter hereof and supersedes all prior and contemporaneous oral or written agreements and representations.
  2. b. Assignment Licensee may not assign this Agreement or any of the Licensee’s rights under this Agreement without the prior written consent of Licensor, and any attempted assignment without such consent shall be void.
  3. c. Amendment Licensor may amend or modify this Agreement at any time without notice...

Contact Information
For any questions related to this Agreement or the Licensed Products please email us at info@remora.markets.