Hereinafter "SOFTWARE AND INFORMATION" refers to the Sierra Chart software, the Sierra Chart website, and any and all related or supplied market data, software and information.
OWNERSHIP OF SOFTWARE
The Sierra Chart software you are installing is the property of the developer, Sierra Chart (SC). You are licensed to use it according to the terms that were specified when you set up your account and when you obtained usage time.
RELEASE OF LIABILITY
By proceeding with the installation and using the SOFTWARE AND INFORMATION you agree that you will forever release SC of liability for damages whether direct, indirect, consequential, inconsequential, incidental, special, punitive or other damages arising:
- Out of the use of or inability to use the SOFTWARE AND INFORMATION, web site, or related software components.
- Out the termination of this agreement or otherwise out of this agreement. This release of liability applies whether arising in tort (including negligence), contract, or other cause of action, and even if SC has been advised of the possibility of such damages. You also further agree to release from any and all liability, any and all organizations and people such as brokers, clearing firms and data providers that the SOFTWARE AND INFORMATION interacts with or SC does business with.
Sierra Chart is designed to be a reliable and accurate program. However, the SOFTWARE AND INFORMATION is provided "AS IS" WITHOUT warranty of any kind. NO warranty is provided for the SOFTWARE AND INFORMATION as to accuracy, as to reliability, as to the suitability for a particular purpose, as to financial results, as to the accuracy or reliability of the trading interface or components within the SOFTWARE AND INFORMATION, or any other kind of warranty. If you encounter a technical problem, report this to Sierra Chart support. Sierra Chart will make a good faith effort to resolve the problem so long as it is within SC's control. Trading services, Data services, or operating systems that Sierra Chart may interact with are not within SC's control. Therefore, no promise is made that SC will be able to correct the problem. In no event shall the maximum remedy exceed the price paid for the software minus any stated service charges. Refunds must be requested within the stated time period described here.
Data included with Sierra Chart software subscriptions, Data provided by or accessed with Sierra Chart, and website information and data is provided for your own personal use. Under no circumstances shall it be redistributed in any form to others. The data is provided "AS IS" without warranty of any kind.
THIRD PARTY COMPLIANCE
Customer agrees to comply with all Subscriber Agreements, Exchange Rules, and other regulations for any third party with which the Customer performs interactions as part of the use of the Sierra Chart software. Any use of the Sierra Chart software that results in additional fees or penalties levied by a third party, whether through inherent capabilities of the system or through willful misuse, will be paid by the customer to the appropriate party, and in no way is the payment of any of these fees or penalties the responsibility of Sierra Chart. Should Sierra Chart receive information from a third party regarding any non-compliance with the agreed upon rules, then the notification will be forwarded to the Sierra Chart customer, and the notifying body will be informed of such, in order for the notifying body to interact directly with the customer.
If you are using the CQG service within Sierra Chart, then your contract is with CQG for market data.
*Last modified Friday, 05th October, 2018.