Software Licence Agreement for smartFX Trader

concluded between:

1. The person who downloaded the product and is purchasing the licence for the software, hereafter referred to as the Licensee


2. SMART FX Sp. z o.o. [Ltd.] with registered office in Warsaw, Poland at Nowogrodzka 31 Street, entered into the register of entrepreneurs held by the District Court for the Capital City of Warsaw under the National Court Register number – KRS 0000416340, Tax Identification Number – NIP 7010337785, statistical number – REGON 146070734 hereinafter referred to as Licensor

as follows:

I. Product

By product of software in this Agreement smartFX Trader is understood.

II. Ownership

The Licensor shall have the exclusive copyright of the software and all associated intellectual property rights. The Licensor declares that its copyrights to the software are not encumbered with third party rights, or that the use of the software does not infringe the rights of third parties. The Licensor grants the licence and does not sell the software. The structure, organisation and code of the software have an asset value, are a trade secret and contain confidential information vested in the Licensor.

III. Licence

1. The Licensor grants to the Licensee a personal, nonexclusive, non-transferable, limited licence to install and use the product at the Dukascopy™ brokerage account. The Licensor does not grant the Licensee any rights to the products, except those expressly mentioned in this Agreement. There are no implied rights.

2. The Licensee shall not, without the consent of the Licensor:

  • change or modify the software,
  • create any derivative works based on the product or any part thereof,
  • duplicate the product in its entirety or in part,
  • sell, license, transfer, reproduce, distribute or make the product available in any other way, in whole or in part, to any third party,
  • change, translate, decompile the product,
  • remove or change any proprietary notices or labels on the product.

IV. Update

To obtain software updates or software's later version, the Licensee is required to be in possession of a valid licence to an earlier version of the software. Regardless of the acceptance of an update or a later version of the software, the Licensee has the right to use the earlier version of the software. In a situation when an update or a later version of the software is available, the Licensor shall not be obliged to provide support for the earlier versions of the software. The Licensor shall not be obliged to provide updates of the products or later versions of the product.

V. Responsibilities

1. The Licensee assumes the risk arising from the consequences of the use or inability to use the software.

2. To the maximum extent permitted by law, the Licensor shall not be liable to Licensee, its customers or other users of the product for any damage, in particular special, incidental, punitive, indirect or consequential damages arising out of the use or inability to use the product or its parts, and in this regard the Licensee shall waive any claims against the Licensor.

3. The liability for any damages that may be incurred by the Licensee for any reason under any provision of this Agreement, in connection with the use or inability to use this product, is limited. The compensation paid by the Licensor in any case shall not exceed the amount borne by the Licensee to purchase the product licence. If the licence is granted free of charge, the compensation shall not exceed an amount equal to the purchase price of a licence for a one month subscription.

VI. Final provisions

1. This Agreement between the Licensor and the Licensee shall be governed by and construed in accordance with the Polish law.

2. If any provision of this agreement is held to be invalid or unenforceable, this shall not affect the validity and effectiveness of the remaining provisions of the Agreement. In this case, the invalid provision shall be replaced by another, legally indisputable provision that reflects as closely as possible the intended economic purpose of the invalid provision.

3. By taking steps to download, configure, install or use the whole or any part of this product, the Licensee shall accept all conditions arising from this Agreement.

4. If the licence is purchased by an entrepreneur, a legal person or an organisational unit without legal personality, the Licensee declares that he or she is entitled to represent the company to enter into this Agreement.