By clicking on the 'Accept' button, you acknowledge and accept the following conditions:
CFDs are leveraged products and carry a high level of risk to your capital as prices may move rapidly against you. It is possible to lose more than your initial investment and you may be required to make further payments. This product may not be suitable for all customers, therefore ensure you understand the risks and seek independent advice if necessary.
Important Information Regarding the Application
This Marketmaker iPhone application (the 'Application'), has limited functionality as compared to Marketmaker in desktop or web format. There are certain features which are unavailable in the Application, including but not limited to:
- Right click context menus (as available in desktop or web format);
- Applicable edit options in Positions and Popular Markets menus;
- Charting functionality;
- Funding your Account;
- One click orders; and
- "If Done Orders".
Therefore, please accept that the Application should be used as a tool to monitor your Account rather than be relied upon to provide full functionality and operation of your Account. The CFD Terms of Business for MarketMaker remain applicable to your use of the Application. For the avoidance of doubt, please accept that the limitations on liability set out under Clause 13 of the Terms of Business apply to the use of the Application. You are not able to fund your Account via the Application. Therefore in the event of a margin call given by us to you which requires you to fund your Account, please use the web or desktop Marketmaker or call our Customer Helpdesk on +44 (0)20 7170 8200. CMC Markets is not liable for any losses or liquidations which arise through the inability to fund your Account via the Application. For the avoidance of doubt, please accept that Clauses 5.8, 5.9, 13 and 21.3 of the CFD Terms of Business apply to your use of the Application. By clicking on the Accept button, I understand and accept that the Terms of Business (and its associated documents) relating to my account will be changed to the Terms of Business (and associated documents) of CMC Markets UK plc on 31 May 2012 and I hereby agree to be subject to the CMC Markets UK plc Terms of Business (and its associated documents), which are available for me to read on the legal section of CMC Markets' website.
END USER LICENCE AGREEMENT FOR Marketmaker® software product
IMPORTANT - READ CAREFULLY BEFORE USING MATERIALS:
This End-User License Agreement ("EULA" or the "Agreement") is a legal agreement between you and CMC Markets UK Plc (the "Licensor") for the software product identified above (the "Program").
The Program is made available by the Licensor solely to facilitate on-line financial product trading with you.
The following terms and conditions apply to your use of the Program in addition to the Terms of Business (including the Appendices), the Risk Warning Notice, your completed Application Form, the Rates Schedule, the summary of our Execution Policy (if applicable) and any other terms and conditions issued by the Licensor and agreements entered into between you and the Licensor in relation to the on-line trading of financial products with the Licensor (collectively the "Trading Agreements").
BY CLICKING ON THE ACCEPT BUTTON, YOU ACCEPT THE TERMS OF THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE LIMITED WARRANTY AND LIMITATION OF LIABILITY. YOU SHOULD THEREFORE READ THE EULA CAREFULLY BEFORE CLICKING ON THE ACCEPT BUTTON. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.
1. Ownership of the Program
The Program and related documentation are copyrighted works of authorship owned by the Licensor and its suppliers, with all ownership and intellectual property rights reserved.
The Licensor grants you a personal, non-exclusive, revocable and non-transferable licence, to download or copy the Program for use on a single computer or mobile device, for the limited purpose of trading financial products on-line with the Licensor in accordance with the express provisions of the EULA, the Trading Agreements and the Marketmaker® Software User Guide (as may be updated by the Licensor from time to time). No other rights are granted. The Licensor reserves the right to charge you for the use of the Program. We will notify such charges to you in writing (including by e-mail). Such charges will become effective from the date specified in the notice (which will be at least ten (10) business days after the notice is sent). If you do not agree to pay a charge that has been notified to you, you may avoid paying it by terminating the licence of the Program by giving written notice to the Licensor before the date the charges become effective.
LIMITED USE: You may not:
- Otherwise copy or use the Program except as expressly provided for in the EULA;
- Permit other individuals to use the Program except where expressly permitted under the terms and conditions stated herein;
- Modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Program, or modify operation of the Program unless the Licensor has expressly authorised you to do so in writing;
- Rent, lease, sub-license, sell, assign, pledge, or otherwise transfer rights to the Program, either on a temporary or permanent basis;
- Remove any proprietary or copyright notices or labels on the Program; or
- Re-distribute, re-sell or sub-licence any content or data provided within the Program;
IMPORTANT INFORMATION REGARDING THE USE OF THE DEMONSTRATION SOFTWARE: If you are using the demonstration Program, please be aware that hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
3. Limited warranty
The Licensor will indemnify you for death or personal injury solely and directly caused by any defect in the Program or the negligence of its employees. The Licensor shall not be liable under the said warranty above if the Program fails to operate in accordance with the said warranty as a result of any modification, variation or addition to the Program not performed by the Licensor or caused by any abuse, corruption or incorrect use of the Program, including use of the Program with equipment or other software which is incompatible.
4. No other warranties
The foregoing warranty is made in lieu of any other warranties, representations or guarantees of any kind, expressed or implied, including but not limited to any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the Program. The Licensor does not warrant that the Program will meet your requirements or that its operation will be uninterrupted or error free.
5. Limitation of liability
Should the Program be defective or unusable in any respect please contact the Licensor. The Licensor will have the option of repairing or replacing the Program as soon as reasonably practicable and you agree to accept such repair or replacement in satisfaction of all claims. No use of the Program is authorised hereunder except strictly in accordance with these terms.
6. Exclusion of liability
Except in respect of personal injury or death caused directly by the negligence of the Licensor, in no event will the Licensor be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use or inability to use such Program, even if the Licensor has been advised of the possibility of such damages. Nothing in this EULA limits liability for fraudulent misrepresentation.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS. NO USE OF THE PROGRAM IS AUTHORISED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. Your statutory rights
This Agreement gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a user for private as opposed to business, academic or government use) are not affected.
The EULA is effective until terminated. You may terminate it at any time by destroying the Program together with all copies in any form. It will also terminate upon conditions set out elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement or if you voluntarily return the Program to the Licensor. You agree upon such termination to destroy the Program together with all copies in any form.
9. Consent to use of data
You agree that the Licensor may collect and use technical information gathered as part of your use of the Program. You consent to the Licensor processing and using all such information for the purposes of administering the relationship between you and the Licensor and for analysis and improving and developing our products and services.
You agree that the Licensor shall have the right, after supplying undertakings as to confidentiality, to audit any computer system on which the Materials are installed in order to verify compliance with this software license. Each party irrevocably agrees that English courts shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this Agreement and the place of performance of this Agreement shall be England and that English law shall govern such controversy or claim. This Agreement constitutes the complete and exclusive statement of the license agreement between The Licensor and you with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter, save for the Trading Agreements. Any clause in this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this EULA shall not be affected by that deletion. Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party's right to take subsequent action. This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Licensor's prior written consent. Should you have any questions concerning this Agreement you may contact CMC Markets UK Plc - 133 Houndsditch, London, EC3A 7BX, United Kingdom. Telephone: + 44  207 170 8200, Facsimile: + 44  207 170 8499, Email: firstname.lastname@example.org.
IMPORTANT - READ CAREFULLY BEFORE TRADING
CFDs, spread bets and Forex are leveraged products and carry a high degree of risk to your capital and it is possible to lose more than your initial investment. Only speculate with money you can afford to lose. These products may not be suitable for all investors, therefore ensure you fully understand the risks involved, and seek independent advice if necessary. CMC Markets UK Plc is authorised and regulated by the Financial Conduct Authority.
*Tax laws can change.