By ordering or installing this Software ("Software") package or any related package supplied by DataHQ, you become a Licensee. As a Licensee you agree to be bound by the terms of this Licence Agreement ("Agreement"). Any reference to "he" in the Agreement shall be read as a reference to "he" or "she".

"DataHQ" means Hometrader Pty Ltd (ACN 100 376 136).

"DataHQ and its associates" means Hometrader Pty Ltd and related companies, stock exchanges, any futures exchanges, any other trading instruments exchanges, broker, suppliers, business partners, resellers, agents, and includes directors, officers, employees or contractors of all of the above.

"Data" means any and all information delivered to the Licensee from DataHQ whether electronically or by other means.

"Data Service" means the delivery mechanism and protocols through which Data can be delivered from DataHQ's servers to the Licensee.

"Documentation" means any instructional information regarding the operation of the Software, including information provided within the product (eg. Help/Support), message box popups, external files and printed material.

DataHQ hereby grants to Licensee a non-exclusive licence to use the Software, Data, Data Service and Documentation on the following terms:
Licensee may:
(i) use the Software and Data Service on two computers that the individual owns and or uses;
(ii) copy the Software and Data for archival purposes only. The Licensee warrants that he will not resell or redistribute the Data supplied or received though the Data Service in part or in full, in any way, shape or form what so ever.

All title ownership rights, copyrights and intellectual property rights in and to the Software (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the Software), Data (including any derived information such as but not limited to statistics, charts, Databases, tables) and any copies of the Software and Data are owned by DataHQ or its associates. The Software is protected by the copyright laws of Australia and international copyright treaties. This licence gives the Licensee no rights to such content.

Some of the Data is copyright and reproduced under licence by Forex Capital Markets, Financial Square 32 Old Slip, 10th Floor, New York, NY 10005 USA, "FXCM". FXCM, its related companies and their officers and employees are not associated with, and should not be construed as endorsing, promoting or expressing any opinion about, nor be under any liability for any loss arising in connection with DataHQ, the contents of any internet sites operated by DataHQ, or any of DataHQ's products or services.

FXCM, its related companies, their offices and employees shall not be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with the contents of and/or any omissions from this communication except where a liability is made non-excludable by legislation.

The Licensee agrees that he will not in any way copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works or allow any other party to copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Software, Data Service, Data or associated Documentation.

The Software, Data Service, Data and Documentation are licensed as a single product and the Licensee agrees that the Software, Data Service, Data and related Documentation will not be separated for use by more than one user. These rights may not be transferred to any other party. The Licensee agrees that he will not permit other individuals to use the Software.

The Licensee agrees that he will not remove any proprietary notices or labels on the Software, Data or Documentation.

The Licensee agrees that he will not rent or lease the Software, Data Service, Data and Documentation.

The Licensee agrees that he is responsible for protecting the confidentiality of his account. The Licensee will not make his hardware identification available to anyone else. There are no refunds of subscription fees paid up-front if the Licensee decides to cancel his subscription. Subscriptions cannot be suspended.

All Data is provided in good faith. It is obtained from sources believed to be accurate. DataHQ and its associates do not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the Data, nor do they accept any responsibility arising in any way for errors in, or omissions from, that Data. DataHQ and its associates will not be liable for loss resulting from any action or investment decision by Licensee in reliance on the Data, nor for any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or Software or Data Service. Nothing in these conditions shall exclude, restrict or modify any condition or warranty implied by law.

The Licensee agrees that Data provided is general information only and is not intended as investment advice and will not be relied upon as such. The Licensee agrees to obtain professional investment advice tailored to his specific circumstances prior to making any investment decisions, if applicable. The Licensee agrees to consult with a broker to verify Data before trading any financial products. The Licensee agrees that Software, Data Service, Data and Documentation provided does not, and must not be construed as providing recommendations in relation to any financial products. The Licensee agrees that it does not constitute and will not be construed as an offer for financial products nor is it an invitation for the Licensee to take up any financial products.

The Licensee agrees that the Software, Data and Documentation provided is copyright and is published under licence from DataHQ. The Licensee agrees to use this Data for his own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for the Licensee's personal reference, the Data may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part without the prior written approval of DataHQ.

The Data supplied by the Data Service is sourced from official sources and includes a digital watermark for identification of unauthorised duplication. DataHQ will prosecute individuals or corporations that violate copyright of the Data to the full extent of the law.

Any other use of the Data must be approved by DataHQ.

DataHQ warrants that for a period of thirty (30) days from the date of acquisition the Software if operated as directed will substantially achieve the functionality described in the Documentation. DataHQ does not warrant that Licensee's use of the Software and Data Service will be uninterrupted or that the operation of the Software and Data Service will be error-free or secure. This warranty applies only if Licensee informs DataHQ of the problem with the Software during the applicable warranty period. If any modifications are made to the Software by the Licensee during the warranty period; if the Software is subjected to accident abuse or improper use; or if Licensee or user violates the terms of this licence then this warranty shall immediately terminate.

The Licensee agrees that Software provided by DataHQ may contain defects that may result in Data contained thereon being inaccurate and or erroneous. The Licensee agrees that DataHQ has the right to change or discontinue any feature of these systems, including content, hours of availability and equipment required for access. From time to time DataHQ may learn Data may be inaccurate and DataHQ reserves at its discretion, the right to discontinue such Data Services. The Licensee will be advised of any changes to his services via e-mail. The Licensee agrees that, to the maximum extent permitted by applicable law, DataHQ and its associates disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Software, Data Service, Data and accompanying Documentation.

The Licensee agrees that DataHQ and its associates shall have no obligation or liability to the Licensee in contract or in tort arising out of or relating to delays, errors or omissions in collection and dissemination of such Data, or for the inaccuracy of Data carried or displayed by its Software. The Licensee agrees that, to the maximum extent permitted by applicable law, in no event shall DataHQ and its associates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, computer failure or malfunction, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or Data Service, even if DataHQ and its associates have been advised of the possibility of such damages. The Licensee or user of a Licensee's product agrees to limit any claims against DataHQ and its associates to the total amount paid by the Licensee to DataHQ and its associates for the subscription to the service.

The Licensee acknowledges that the DataHQ and its associates do not make any representation or warranties regarding the product or the services provided or any other matter which is or might be relevant to the Licensee buying the products or services other than the representation or warranties expressed in this agreement.

Should a breach in this warranty occur, DataHQ's sole liability will be limited to the following remedies which will be implemented at DataHQ's sole discretion: (i) advise Licensee how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (ii) refund the licence fee the Licensee paid for the Software and Data Service.

The Licensee represents and warrants that it will utilise the Software only for Data for which Licensee has obtained all necessary clearances and permissions. The Licensee assumes the entire risk resulting from its breach of this warranty and agrees to hold harmless indemnify and defend DataHQ and its associates from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the Licensee has violated another party's rights. The Licensee indemnifies and shall keep indemnified DataHQ from and against any liability, loss, expense or demand for or arising from any false, misleading or deceptive representation or statement made by the purchaser in respect of the products to any person.

All Data Services shall terminate if Licensee fails to comply with the limitations described in this licence. On termination Licensee must destroy all copies of the Software, Data and Documentation.

Notwithstanding any part in this License, DataHQ reserves the right to terminate or cancel this License, in full or in part, at any time. DataHQ reserves the right to change or modify any and all terms of this License at any time and for any reason or for no reason at all.

Should any part of this License be held to be void, invalid, unenforceable or illegal by a court, such part shall be valid and enforceable to the extent permitted by law or the applicable rules or bylaws, and the validity and enforceability of the other parts shall not be affected. Failure of any party to enforce any part of this License shall not constitute or be construed as a waiver of such part or of the right to enforce such part.

All written communication from DataHQ to the Licencee will be via electronic mail "Email". All efforts will be made to ensure Email is delivered to the address specified by the Licensee on application. DataHQ accepts no liability for any consequential damages caused by unreceived or unread Email. It is the Licencee's responsibility to inform DataHQ of any changes in contact details.

This agreement constitutes the complete and exclusive agreement between DataHQ and Licensee with respect to the subject matter hereof. These terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the products or any part thereof including, but without limiting the generality of the foregoing, those relating to the performance of the products or any part thereof or the results that ought to be expected from using the product. This agreement may not be modified except in writing duly signed by a Director of DataHQ and Licensee. The Licensee acknowledges that they have read and understand this agreement and agree to be bound by its terms. Licensee further agrees that this agreement is the complete and exclusive statement of the agreement between Licensee and licensor, and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement.