END USER LICENSE AGREEMENT

Last updated September 24, 2023

1. LICENSE GRANT AND CONDITIONS

1.1 The Historical Forex Dataset(s) containing historical price data for forex currency pairs (the "Licensed Dataset") is licensed to You (the “End-User”) by ForexHistoryData.com, located and registered at Gompitzer Str. 108, Dresden, Saxony 01157, Germany ("Licensor"), solely for personal non-commercial use under the terms of this License Agreement.

1.2 The Licensed Dataset may only be used on your own computing devices and may not be shared, transferred, or sublicensed to any third party. Any commercial use or distribution is strictly prohibited. You may not use the Licensed Dataset to build a competitive product or service.

1.3 Downloading the Licensed Dataset constitutes acceptance of this License Agreement. Licensor reserves all rights not expressly granted to You.

1.4 Licensor may modify the terms of this License Agreement at any time. The then-current version will be posted on Licensor's website.

1.5. To preserve the integrity of the Licensed Dataset and to enforce the provisions of this License Agreement, the Licensor incorporates a discrete watermark within each Licensed Dataset. This watermark is unique to the End-User and serves to identify the source of the Dataset in the event of unauthorized use. The use of watermarking technology is consistent with data protection legislation, including the GDPR, and is executed with the highest standards of data security and privacy in mind. Any detection of unauthorized distribution attributable to a End-User's watermark may result in enforcement actions under this Agreement, including but not limited to termination of the license and pursuit of legal remedies.

2. LIMITATIONS

2.1 You may not share, resell, distribute, or otherwise make the Licensed Dataset available to any third party for any purpose, commercial or otherwise.

2.2 You may not transfer, sublicense, lend, sell, distribute, share, assign, or otherwise make any portion of the Licensed Dataset available to any third party, including any parent, subsidiary, affiliate, agent, or other entity, without the prior explicit written consent of the Licensor.

2.3 You may not use the Licensed Dataset for any commercial purpose, including as part of any commercial, for-profit, or non-profit service offering.

2.4 You must employ reasonable security measures to prevent unauthorized access to or use of the Licensed Dataset. This includes, but is not limited to, maintaining secure passwords, restricting access to authorized users only, and employing appropriate encryption technologies.

2.5 You may not share or disclose any login credentials, keys, or other secrets used to access the Licensed Dataset with any third party. Login credentials are for your use only.

2.6 You must promptly notify Licensor of any data breach related to the Licensed Dataset.

2.7 You are responsible for regular backups, compliance with laws, and ensuring your systems meet technical requirements for using the Licensed Dataset.

2.8 Violations may be subject to prosecution and damages.

2.9 Licensor reserves the right to audit your use and access to the Licensed Dataset to ensure compliance with this Agreement.

3. MAINTENANCE AND SUPPORT

3.1 Licensor is solely responsible for any maintenance updates to the Licensed Dataset.

3.2 Licensor provides no warranty of support services for the Licensed Dataset.

4. WARRANTY AND LIABILITY

4.1 Licensor provides the Licensed Dataset “as is” without warranty of any kind.

4.2 Licensor disclaims all other warranties, express or implied, including data accuracy, non-infringement, title, merchantability, and fitness for a particular purpose.

4.3 Licensor is not liable for any claims relating to the Licensed Dataset, including but not limited to errors, infringements, omissions, damages, or fitness for purpose.

4.4 In no event will Licensor be liable for any consequential, indirect, exemplary, special, or incidental damages arising from this License Agreement.

4.5 You shall be liable for any unauthorized use or distribution of the Licensed Dataset, including liquidated damages in the amount of $100,000 per violation, in addition to any other remedies available to Licensor.

4.6 No failure or delay by Licensor in exercising any right hereunder will waive any further exercise of that right.

4.7 Licensor's total monetary liability under this Agreement is limited to $5000.

4.8 Some jurisdictions do not allow certain warranty disclaimers or limitations on liability, so portions of the above limitations may not apply to You.

5. TERMINATION

5.1 This License Agreement remains in effect until terminated.

5.2 Licensor may terminate this license immediately if You violate any provision.

5.3 Licensor may terminate this license at its discretion with 30 days' notice to You.

5.4 Upon termination, You must cease using and destroy all copies of the Licensed Dataset in your possession.

6. INTELLECTUAL PROPERTY

6.1 Licensor retains ownership of all proprietary rights in the Licensed Dataset. The Licensed Dataset contains confidential and proprietary information of Licensor and is protected by copyright law. Any unauthorized use or disclosure of the Licensed Dataset is strictly prohibited.

6.2 You do not acquire any intellectual property rights through the use of the Licensed Dataset.

6.3 Licensor will defend and indemnify You against third-party claims alleging the Licensed Dataset infringes a copyright or trademark.

7. DISPUTE RESOLUTION

7.1 Any dispute arising under this License Agreement shall be resolved by mandatory arbitration in Dresden, Germany. The proceedings shall be conducted in German. The arbitrator's award shall be final and binding on both parties.

8. GOVERNING LAW AND JURISDICTION

8.1 This License Agreement is governed by the laws of Germany, with jurisdiction in Dresden. The UN Convention on Contracts for the International Sale of Goods shall not apply.

8.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous agreements.

8.3 If any provision is invalid or unenforceable, the remaining provisions still apply.

9. SUCCESSORS AND ASSIGNS

9.1 This Agreement will be binding on any successors or assigns of the End User.

10. CONTACT INFORMATION

10.1 For any inquiries, please contact:

ForexHistoryData.com

Lorenz Vauck

Gompitzer Str. 108

Dresden, Saxony 01157

Germany

Phone: +491707502292

E-Mail: [email protected]

Online contact form: https://www.forexhistorydata.com/contact