You are fully protected by our Compatibility Guarantee. If you experience errors within 30 days due to compatibility with your trading platform or other addons installed on your system, we will fix the problem free of charge or issue a refund! See our refund policy.
Our team is here to uphold the best software standards in user experience and functionality!
If you have questions about your purchase, please reach out to us before purchasing. We go the extra mile to satisfy our client’s needs as much as humanly possible. Free trials are not available for every product but we will provide one when available.
Except in the cases of our Compatibility Guarantee, all sales are final unless otherwise noted.
Visit the CDX Support Center for . . .
Our team wants to ensure that you are 100% satisfied with your purchase! If you have any technical or sales questions, please contact us before you purchase.
All sales are final except within 30 days in the following cases:
1.0 ACCEPTANCE OF TERMS
1.1 ChartDynamix.com is an online software and educational website only, owned and operated by Chart Dynamix LLC (herein referred to as CDX). This Terms of Service is an agreement you must accept in order to use CDX’s services or software, including the Binding Arbitration provision contained in section 3.0. Information contained throughout the site may be provided by sources that are not affiliated with CDX. The accuracy, reliability of such information is believed to be reliable. However, CDX does not warrant the accuracy, completeness, quality, adequacy, or content of any information on our website. Such information is provided ‘as is’ without warranty or condition of any kind, either expressed or implied.
1.2 CDX is not a Commodity Trading Advisor (CTA), Futures Commission Merchant (FCM), Registered Investment Advisor (RIA), or Broker-Dealer. You are reminded that you assume risk with any trading activity and are encouraged to review our full Risk Disclosures. Trading has both potential risk and rewards. You alone are responsible for your trading decisions. Any trades placed upon reliance on CDX services or software are taken at your own risk. Your account can be lost in it’s entirety at any time. Past performance is not necessarily an indication of future performance. CDX makes absolutely no guarantee or representation that any account will, or is likely to achieve profits or losses similar to those shown or discussed. All CDX services and software are not to be interpreted as investment advice. CDX may have positions in any asset class mentioned and is under no obligation to disclose details regarding any of their transactions.
1.3 All statements and expressions of opinion made by CDX are the opinion of CDX and its associates, and are not meant to be a solicitation or recommendation to buy, sell, or hold any securities or commodities including but not limited to futures, options, equities, or Forex. Any presentation (live or recorded) is for educational purposes only and the opinions expressed are those of the presenter only. All trades presented are not traded in a live account and should be considered hypothetical.
1.4 You hereby agree that you will not allow anyone else access to, nor will you attempt to copy or duplicate any part of CDX services, products or material without explicit written permission from CDX, including but not limited to all software, video, audio and written material. All CDX products and original works of authorship are federally protected under the United States Copyright Office. No member may communicate to non-members any CDX materials or other information, or reveal CDXs’ view of or position in any asset class, without written permission. You agree that you will be solely responsible for any liability arising from any third party access including but not limited to financial responsibility. You agree to refrain from any form of slander or defamation both online and offline. CDX reserves the right to revoke your license to all membership(s) and/or software if the terms set forth in these terms of service are breached, without refund or notice.
1.5 Any software provided by CDX is used entirely at your own risk. CDX software is strictly for educational purposes only. CDX makes no representation that any software will or is likely to achieve profits or losses similar to those shown or discussed. CDX software should be used only as an educational tool and not relied upon for any live trade decisions.
1.6 The term “lifetime” means the amount of time the product or service purchased remains available for purchase, and may be subject to change without notice. CDX makes no guarantee or representation as to how long a product or service will be offered or supported including but not limited to memberships, subscriptions and software.
1.7 If you require remote support at any time, CDX holds no responsibility for any actions made on any computer at any time and can not be held liable in any way. By requesting or accepting a request from a CDX representative to give live remote assistance, you accept full responsibility for changes made to the computer content or system settings. CDX does not assume and is not responsible for any liability for the linking and viewing of any computer content. As such, CDX recommends you remain at your desktop and observe for the entirety of the session.
1.8 All CDX products include a 14-day free trial period either built-in or implied. There is a strict no-refunds policy after the 30-day guarantee period. Although CDX generally honors all refund requests within-30-days, we reserve the right to decline the request for any reason based on the specific circumstances and judgement of our staff. Please see our Refund Policy.
2.0 FEES
2.1 Subscription Terms
CDX may offer various subscription plans for certain products and services (the “Products”), each of which are described in their associated product description page. As an express condition of your use of and access to the product or service, you agree to pay all fees applicable to your subscription plan (your “Plan”), any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the product or service. To view the details of your Plan, including payment information and the date of your next renewal period, visit the CDX website, sign in at https://chartdynamix.com/my-account and browse Subscriptions.
2.2 Changes in Fees
We may, upon digital notice served to the email address on file, change the fees for the Products at any time or require new fees or charges. Such changes will be effective immediately upon posting on the CDX Website. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.
2.3 Payment of Fees
Your Plan, which may start with a Free Trial Period, will renew automatically and continue at the stated interval (ex: month-to-month, year-to-year) unless and until you cancel your Plan or we terminate it, in each case pursuant to the terms of this Agreement. You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To cancel or view the specific details of your Plan, including the date of your next renewal period, visit the CDX Website, login at https://chartdynamix.com/my-account and browse for the applicable subscription. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to the Products for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
2.4 Credit Card Payments
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and in your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate. You must promptly notify CDX if your credit card is lost or stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please consult with your bank and credit card issuer for details.
2.5 Payment Terms, Upgrade and Downgrade Terms
The recurring fees for your Plan are billed in advance, are non-refundable, and automatically renew on the interval specified in your Plan. If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. CDX does not accept any liability for such loss. If you upgrade your Plan level, your credit card will immediately be charged the specified rate (pro-rated in some cases), and you will be charged the full amount of the new rate beginning on your next billing cycle. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
2.6 Plan Cancellation
All Subscription Plan cancellations, including Free Trial Periods, are the sole responsibility of you the purchaser. Cancellations shall be made through the Chart Dynamix website Account Portal. Sign in at https://chartdynamix.com/my-account, browse the Subscriptions section and find the applicable subscription record. The cancel link may be used from this page. Please note that this action may not be reversed.
2.7 Free Trial Period
CDX may offer, with certain products, a one-time Free Trial Period during which you can test out the Products for a specified time without pre-paying in advance (“Free Trial Period”). To view the specific details regarding a Free Trial Period, please consult the product description page or send any questions to [email protected]. If you participate in a Free Trial Period, you must cancel the subscription Plan by the end of the Free Trial Period to avoid incurring any charges. If you do not cancel the Plan before the Free Trial Period expires, you authorize us to charge your credit card the full cost of your Plan, as stated to you during the checkout process. Your Plan will then automatically renew and continue at the specified interval, unless and until you cancel your Plan or we terminate it. You may not receive a notice from CDX that your Free Trial Period is nearing its end or has ended. In some instances, the available balance or credit limit on the credit card provided during the registration process may be reduced to reflect the pre-authorization of certain charges related to your Plan; however, no charges will be made against your credit card unless you do not cancel prior to the end of your Free Trial Period. You may cancel your subscription Plan at any time during the Free Trial Period by following the steps described in Section 2.6 (Plan Cancellation). CDX reserves the right to modify, cancel and/or limit the Free Trial Period offer at any time.
2.8 Account Deletion
Requests to delete an account permanently should be submitted by e-mail to [email protected]. This does not include subscription Plan cancellations (Section 2.6). If you choose to delete your account, you will immediately lose all access to the Products and any data or information stored in your account.
3.0 BINDING ARBITRATION
We both (You and CDX) agree any dispute or claim relating in any way to your use of any CDX service, or to any products, software or services sold or distributed by CDX or through chartdynamix.com will be resolved through final and binding arbitration, rather than in court. You hereby agree to waive any class action proceeding or counterclaim against CDX, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit.
4.0 REVISIONS
We may revise these terms from time to time, the most current version will always be at chartdynamix.com/terms-of-service. If the revision, in our sole discretion, is material we will notify you via an email to the email associated with your account. By continuing to access or use the services or software after those revisions become effective, you agree to be bound by the revised terms. By accessing CDX services or software, you are agreeing to all of the terms above and you accept full responsibility for your trading and investing results.
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SECTION 1 : WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 : CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to opt out.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected] or mailing us at: Chart Dynamix LLC 23801 Harwood Ave, Parker, CO, 80138, United States
SECTION 3 : DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 : HOSTING
Our store is hosted on industry-leading eCommerce software via A2 Hosting, Inc. which provides us with the online e-commerce environment that allows us to sell our products and services to you.
Your data is stored through A2 Hosting’s data storage, databases and the eCommerce application. They store your data on a secure server behind a firewall.
PAYMENT
If you choose a direct payment gateway to complete your purchase, then that gateway provider stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read the ‘Stripe’ and ‘PayPal’ Terms of Service or Privacy Statement.
https://stripe.com/us/privacy
https://www.paypal.com/us/webapps/mpp/ua/privacy-full
SECTION 5 : THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms and Conditions.
LINKS
When you click on links on our site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 : SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
COOKIES
Here is a partial list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows us to store information about your session (referrer, landing page, etc).
cart, unique token, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 7 : AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 8 : CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact our Privacy Compliance Officer at [email protected] or by mail at:
Chart Dynamix LLC
Attn: Privacy Compliance Officer
23801 Harwood Ave, Parker, CO, 80138, United States
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THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR ACQUIRED BY OR FOR AN ENTITY) AND CHART DYNAMIX LLC. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE, DISCONTINUE ITS USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESION.
1. DEFINITIONS
a) “CDX” shall mean Chart Dynamix LLC.
b) “Software” means the executable code of this CDX product including but not limited to additional tools, libraries, source files, header files, data files, any updates or error corrections provided by CDX, any user manuals, guides, printed materials, on-line or electronic documentation.
c) “License Key” means a serial number issued to you by CDX to activate and use the Software.
d) “Named User” is an individual authorized by You to use the Software through the assignment of a single user ID, regardless of whether or not the individual is using the Software at any given time. A non-human operated device is counted as a User in addition to all individuals authorized to use the Software, if such device can access the Software.
e) “Maintenance Plan” is a time-limited right to technical support and Software updates and upgrades. Technical support only covers issues or questions resulting directly out of the operation of the Software. CDX will not provide you with generic consultation, assistance, or advice under any other circumstances.
2. LICENSE GRANTS
2.1 Freeware Features License. CDX grants you an unlimited license to use the Freeware Features of the Software. The install packages created using only the Freeware Features can be freely redistributed and used only for non-commercial purpose.
2.2 Trial Period License. Not all CDX software includes a Trial Period. If included, you may download and use the Software free of charge for fourteen (14) days after check-out (“Trial Period”). During the Trial Period, CDX grants You a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes only and not for any commercial use. At CDX’s discretion, CDX may provide limited support through email or discussion forums at CDX web site. The evaluation copy of the Software contains a feature that will automatically disable the Software at the end of Trial Period. CDX will have no liability to you if this feature disables the Software.
2.3 License After Trial Period (if included). During the Trial Period, you have the option of cancelling the automatic subscription renewal in order to avoid payment that you agreed to upon checkout. Upon your payment of the subscription fee, CDX provides you with a registration number (“License key”) and grants you a limited, non-exclusive, non-transferable license to:
f) use the Software on a Named User basis meaning specific individuals are authorized to access the Software and the total number of named users may not exceed the total number licensed by You.
g) copy the Software in machine-readable form solely for archival and backup purposes.
2.4 Subscription. This Software is licensed by subscription. Your license will remain valid for as long as your subscription remains active. Failure to renew your subscription for any reason may result in the cancellation of your license without warning. The Software contains a feature that will automatically disable the Software when your subscription is cancelled. CDX will have no liability to you if this feature disables the Software.
2.5 The Named User of the Software may install and use the Software on up to two computers (including operating systems and Virtual Machine Environments).
2.6 Floating License (if purchased). Under the terms of a Floating License, you may install the Software on an unlimited number of machines. All machines using the Software must have the ability to communicate with a license server. The number of users that may use the Software concurrently at any time must not exceed the number of Floating User Licenses purchased for such use.
3. LICENSE RESTRICTIONS
3.1 You shall undertake any necessary steps to protect the License Key against unauthorized use.
3.2 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.
3.3 You may not sell, rent, lease, sub license, transfer, resell for profit or otherwise distribute the Software or any part thereof.
3.4 You may not modify the Software or create derivative works based upon the Software.
3.5 You may not remove or obscure any copyright and trademark notices relating to the Software.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1 This Agreement gives you limited rights to use the Software. CDX retains all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by CDX. The structure, organization and code of the Software are valuable trade secrets and confidential information of CDX.
5. LIMITATION OF LIABILITY
5.1 CDX’s cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to CDX for use of the Software.
5.2 CDX shall be relieved of any and all obligations for any portions of the software that are revised, changed, modified, or maintained by anyone other than CDX.
6. PATENT AND COPYRIGHT INDEMNITY
6.1 CDX represents and warrants that the Software shall not infringe or misappropriate any copyrights, patents, trade secret rights, trademarks and other intellectual property rights.
6.2 In the event the Software is found to infringe, CDX will have the option, at its expense, to
h) modify the Software to cause it to become non-infringing;
i) substitute the Software with other Software reasonably suitable to You, or
j) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software.
6.3 CDX will have no liability for any claim of infringement based on
k) code contained within the Software which was not created by CDX;
l) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by CDX or under CDX’s direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that CDX provides to You, or
m) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by CDX if such infringement would have been avoided by the use of the Software without such programs or data.
7. LIMITED WARRANTIES
7.1 THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. CDX MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CDX MAKES NO REPRESENTATION THAT ANY OF ITS SOFTWARE WILL OR IS LIKELY TO HELP THE USER ACHIEVE FINANCIAL PROFITS. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. CDX MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. CDX EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
7.2 CDX warrants that it holds the proper rights allowing it to license the Software and is not currently aware of any actions that may affect its rights to do so.
7.3 CDX cannot guarantee that the Software will work at all times. If you change your operating system or the hosting platform, the software may not work anymore. You acknowledge and agree that such changes are fair and reasonable.
7.4 You should make sure that it is legal to use the Software in your country or jurisdiction. CDX only provides a license for You to use the software. It is Your responsibility to make sure that You are allowed to use the Software.
7.5 CDX reserves the right at any time to cease the support of the Software and to alter prospectively the prices, features, specifications, capabilities, functions, licensing terms, subscription terms, release dates, general availability or other characteristics of the Software.
8. MAINTENANCE PLAN
8.1 At any time prior to the expiration of your Maintenance Plan and 14 days after, you may purchase an extension to the current Maintenance Plan. This additional Maintenance Plan will extend the availability of your current Maintenance Plan for a period of time beginning with the date when your Maintenance Plan expires.
8.2 For a limited time after the expiration of your Maintenance Plan, you may purchase a renewal of your Maintenance Plan. This will provide you with a new Maintenance Plan that will begin at the date the renewal is purchased.
8.3 If you do not purchase any additional Maintenance Plan, you will still have the right to use the existing Software but you will lose the right to technical support and Software updates and upgrades as of the date your current Maintenance Plan expires.
8.4 For customers that purchase or already own multiple licenses, a Maintenance Plan must be purchased for each license.
8.5 Technical support is provided via electronic mail at the address specified on the web site. CDX will use its best efforts to provide you with technical support within five (5) business days of your request. Please check our website to find our latest contact information.
8.6 The latest information is provided on the web site at: https://www.chartdynamix.com Please refer to the following web page for additional support information: https://support.chartdynamix.com
9. SUPPORT
9.1 Except as provided herein, support for the Software is provided to you free of charge while your current Maintenance Plan is valid. If CDX discontinues any version of the Software, CDX reserves the right to limit or cease product support and updates for such discontinued version. CDX reserves the right to discontinue free support with thirty (30) days written notice posted to the CDX or the Software web site.
10. INTERNET-BASED SERVICES
10.1 Consent for Internet-Based Services. Certain Software features connect to CDX or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. CDX does not use the information to identify or contact you. For more information, see https://www.chartdynamix.com/privacy-policy.
10.2 Computer Information. The Software features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. CDX uses this information to make the Internet-based services available to you.
10.3 Customer Experience Improvement Program (CEIP). The Software may use CEIP, which automatically sends to CDX anonymous information about your hardware and how you use this software. We may use the computer information, and CEIP information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with CDX software.
11. HIGH RISK ACTIVITIES
11.1 The Software is not fault-tolerant and is not designed, produced, or intended for use or resale as autonomous control equipment requiring fail-safe performance, such as in the operation of communication systems, automated trading systems, or automatic order execution systems in which the failure of the Software could lead directly to financial loss, psychological affects, health damages, equipment or environmental damage (“High Risk Activities”). CDX and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
12. THIRD PARTY SITES AND SOFTWARE
12.1 This Software will direct you to third party Web sites. CDX does not control, endorse, or guarantee content, including software, data or other information found on such third-party sites. You agree that CDX is not responsible for any content, associated links, resources, or services associated with a third-party site. You further agree that CDX shall not be liable for any loss or damage of any sort associated with your use of third-party content. Access to these sites is provided for your convenience only.
12.2 This Software may contain third party software. By accepting this EULA, You are also accepting the additional terms and conditions with respect to such software, if any, forth herein.
13. AUDIT RIGHTS
13.1 CDX audits your use of the Software to verify compliance with this Agreement. The Software is configured to enable periodic HTTP communication with CDX servers. During this communication, license information is transmitted from the Software to CDX to ensure license compliance. The information transmitted during these periodic updates may include the operating system, license serial number, and other relevant information to verify compliance. If you are unable or unwilling to provide this communication capability, CDX reserves the right to prevent your use of the software without warning until communication is reestablished. If the usage of the Software is considered to be out of compliance with this Agreement, the Software may, without notice, cease to function.
13.2 During the audit process, CDX has the ability to personally identify the individual that registered with CDX to acquire the Software license (“Registrant”) through using the personal information the Registrant provided to CDX during the registration or purchase process. Such personal information will only be used by CDX in connection with such audit process.
14. SEVERABILITY
14.1 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
15. GOVERNING LAW
15.1 This Agreement is to be governed by and construed in accordance with the laws and jurisdiction of the defending party. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
16. TERMINATION
16.1 Your license to use the Software continues until terminated. This license will terminate automatically if you fail to comply with any term hereof. No notice shall be required from CDX to affect such termination. You may also terminate this Agreement at any time by notifying CDX in writing of termination. On termination, you must destroy all copies of the Software. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
17. ASSIGNMENT
17.1 Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Any such attempted assignment shall be void and of no effect without the prior written consent of CDX.
18. ENTIRE AGREEMENT
18.1 This Agreement contains the entire agreement between CDX and You related to the software and supersedes all prior agreements and understandings, whether oral or written. It may be amended only by a writing executed by both parties.