End User License Agreement

Introduction

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a legal entity) and Sofia International Securities AD (“Licensor”) for the use of SIS Global Trader Pro (“Software”). This EULA governs your use of the Software provided by the Licensor. By clicking “I Agree” or installing or using the Software, you agree to be bound by the terms of this EULA.

License Grant

Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Software solely for the purposes of automatically submitting orders for purchase or sale of certain listed financial instruments traded on major Stock Exchanges and the Bulgarian Stock Exchange, subject to the trading rules of the respective Exchanges, the terms of a brokerage agreement between you and Sofia International Securities AD acting as you broker, the general terms and conditions of Sofia International Securities AD, the Rules for execution of clients orders of Sofia International Securities AD, and the Tariff of  Sofia International Securities AD, strictly in accordance with the terms of this Agreement.

End-User acknowledges and agrees that XNT Ltd, registration number 52182, having its registered address at Portomaso Business Tower, Level 18, St Julians, Malta (“XNT”) or third party Data Suppliers have proprietary rights to Market Data and the Market Data shall remain the property of XNT or such third party data suppliers and all intellectual property rights related to Market Data shall at all times remain vested exclusively in XNT or the third party data providers. For the avoidance of doubt, Licensor does not provide Market Data, nor does it hold any proprietary rights to Market Data.

Market Data refers to any price feeds, whether delayed or real time, for financial instruments as provided in the Software.

Restrictions on Use

You agree not to, and you will not permit others to:

  • Copy, modify, or create derivative works of the Software.
  • Distribute, transfer, sublicense, lease, lend, or rent the Software to any third party.
  • Reverse engineer, decompile or disassemble the Software, except to the extent expressly permitted by applicable law.
  • Remove, alter, or obscure any proprietary notices on the Software.
  • Use the Software in any manner that could damage, disable, overburden, or impair the Software.
  • Use the Software to create or distribute any malicious software or for any unlawful purpose.
  • Sell, lease, reproduce, distribute or commercially exploit market data in any form other than making personal investment decisions without the written consent of XNT and any applicable data supplier. The End-User shall note use or permit another person to use any Market Data for the purposes of creating derived data products based upon or derived from the Market Data, determining or arriving at any price, including any settlement prices, for derivative contracts, options on derivatives contracts, or like derivatives instruments traded on any stock exchange and creating any index or indices for any other derived works that will be disseminated, published or otherwise used externally.

Related Agreements

By agreeing to this EULA, you also agree to comply with the terms of Sofia International Securities AD General Terms Policy, Policy for Execution of Clients Orders, Tariff, and Privacy Policy as published on http://www.sis.bg, and any other agreements incorporated herein by reference.

Jurisdiction

This EULA and any disputes arising out of or in connection with it will be governed by and construed in accordance with the laws of Bulgaria, without regard to its conflict of laws principles. Any legal actions or proceedings arising out of this EULA shall be brought exclusively in the courts of Bulgaria.

Intellectual Property & Copyright Infringement

The Software and all rights, title, and interest in and to the Software, including all intellectual property rights therein, are and will remain the exclusive property of the Licensor. You agree to notify the Licensor promptly if you become aware of any infringement of the Licensor’s intellectual property rights in the Software.

The Market Data and all rights, title, and interest in and to the Market Data, including all intellectual property rights therein, are and will remain the exclusive property of XNT and the Data Suppliers. You agree to notify the Licensor promptly if you become aware of any infringement of XNT’s and the Data Suppliers’s intellectual property rights related to the Market Data.

Termination of Licensing

Licensor may terminate this EULA at any time if you fail to comply with any term(s) of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software.

Warranty Disclaimer

THE SOFTWARE AND ALL MARKET DATA IS PROVIDED “AS IS” AND WITH ALL FAULTS. LICENSOR MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SOFTWARE FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. FOR THE AVOIDANCE OF DOUBT, THE LICENSOR IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS OF FORM OF THE MARKET DATA AND SUCH MARKET DATA IS INCORPORATED IN THE SOFTWARE IN “AS IS” FORM AS PROVIDED BY XNT AND THE DATA SUPPLIERS.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SOFTWARE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SOFTWARE; (F) ANY LOSS OF FOREGONE PROFIT FROM INACCURANCY OR INCOMPLETENESS, LACK OR INAVAILABILITY OR DELAYS IN PROVISION OF MARKET DATA IRRESPECTIVE OF THE CAUSE FOR SUCH FROM INACCURANCY OR INCOMPLETENESS, LACK OR INAVAILABILITY OR DELAYS IN PROVISION OF MARKET DATA; AND/OR (G) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

Limits on Damage Liability

Licensor’s total liability to you for any damages (regardless of the form of action) shall not exceed the amount actually paid by you for the Software.

Control of Software Distribution

You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Software.

In case of End-User being a legal entity, the legal representatives of the legal entity bear full responsibility for the Software’s exclusive use by authorized personnel only and shall guarantee compliance with the previous sentence.

Business Contact Information

If you have any questions about this EULA, please contact us at:

  • Sofia International Securities AD
  • Bulgaria, Sofia 1000, 140 G. S. Rakovski Street, floor 4
  • +359 2 937 98 65
  • info@sis.bg

Updates & Changes

Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use our Software after those revisions become effective, you agree to be bound by the revised terms.

Consent to Use of Data

You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

By clicking “I Agree” or installing or using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

SIS GLOBAL TRADER PRO, ALL RIGHTS RESERVED TO SOFIA INTERNATIONAL SECURITIES AD