Common use of Platform Usage Clause in Contracts

Platform Usage. 14.1 The Client shall enter their user ID and password (“Codes”) registered during the online account opening procedure when logging on to the Trading Platform. The Client should notify the Company without undue delay on becoming aware of unauthorized use of the Trading Platform, or if the Client suspects that the Codes have been misappropriated by a third party. 14.2 The Client shall take all necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Codes, transaction activities, account balances, as well as all other information and all orders. The Client shall be solely responsible for all orders and the accuracy of all information sent via the internet using its Codes. The Client acknowledges that the Company bears no responsibility in the case that the Codes are used in an unauthorized manner by any third party. 14.3 The Company shall not be responsible for losses resulting from the Client’s installation and use of the computer programs used on the Trading Platform, unless such liability follows from indispensable rules of law. Where the Trading Platform is used by the Client, they shall be responsible for ensuring that the Trading Platform is adequately insured against direct and indirect losses which may result from the installation and use of the computer programs in the Client’s computer system. Furthermore, the Client shall be obliged to make backup copies of data which, should such data be lost, might result in losses to the Client. 14.4 When using the Trading Platform, the Client shall: (1) run such tests and provide such information to the Company as it shall reasonably consider necessary; (2) ensure that the system and/or hardware equipment used by the Client satisfies the requirements notified by the Company to the Client from time to time; (3) carry out virus checks on a regular basis; (4) inform the Company immediately of any unauthorized access to its system or instruction which the Client knows of or suspects and, if within their control, causes such unauthorized use to cease; and (5) not at any time leave the terminal from which the Client has accessed the Trading Platform or let anyone else use the terminal until they have logged out of the Trading Platform. 14.5 To the extent permitted by Applicable Regulations, the Company shall not be liable for: (1) any loss, expense, cost or liability (including consequential loss) suffered or incurred by the Client as a result of instructions being given, or any other communication being made via the internet or other electronic media; the Client shall be solely responsible for all orders, and for the accuracy of all information, sent via such electronic media; and (2) any loss or damage that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to, or use of, the electronic systems. 14.6 If the Client wants to use a third party software application to provide trading signals or advice or other trading assistance like an “expert advisor” or a hosting environment allowing for real-time access to the Client’s Account, the Company and its third party suppliers or licensors make no warranties or representations of any kind, whether expressed or implied for the service it is providing. The Company and its third party suppliers or licensors also disclaim any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of funds, data, non-deliveries or service interruptions by any cause or errors or omissions by the Client. The Client’s use of any information obtained by way of an expert advisor used in conjunction with a hosting environment or otherwise is at the Client’s own risk, and the Company and its third party suppliers specifically disclaim any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. The Company and its third party suppliers or licensors do not represent or guarantee the speed or availability of end-to-end connections. The Company and its third party suppliers or licensors shall not be subject to any damages or liability for any errors, omissions or delays therein including unavailability. The licensed products and all components thereof are provided on an “as is” basis and are separate and distinct from the services provided under this Agreement. Where the Company believes that a Client is using additional functionalities/plug-ins where it affects the reliability and/or smooth and/or orderly operation of the electronic systems, the Company has the right to suspend or terminate the Client’s Account. 14.7 The Company makes every effort to deliver high quality products. However, the Company does not guarantee that its products are free from defects. The Company’s software is provided “as is” and the Client uses the web platform at their own risk. The Company makes no warranties as to performance, fitness for a particular purpose, or any other warranties whether expressed or implied. No oral or written communication from or information provided by the Company shall create a warranty. Under no circumstances shall the Company be liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use this software, even if the Company has been advised of the possibility of such damages. 14.8 The Client understands that the use of the Trading Platform including each transaction the Client completes thereto will not violate any law, ordinance, charter, by-law or rule applicable to them or any agreement by which the Client is bound or by which any of the Client’s assets are affected.

Platform Usage. 14.1 The Client shall enter their user ID and password Customer will (“Codes”a) registered during the online account opening procedure when logging on to the Trading Platform. The Client should notify the Company without undue delay on becoming aware of unauthorized use of the Trading Platform, or if the Client suspects that the Codes have been misappropriated by a third party. 14.2 The Client shall take all necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Codes, transaction activities, account balances, as well as all other information and all orders. The Client shall be solely responsible for all orders and the accuracy of all information sent via the internet using its Codes. The Client acknowledges that the Company bears no responsibility in the case that the Codes are used in an unauthorized manner by any third party. 14.3 The Company shall not be responsible for losses resulting from the Client’s installation Users’ compliance with this Agreement and use of the computer programs used on the Trading PlatformOrders, unless such liability follows from indispensable rules of law. Where the Trading Platform is used by the Client, they shall (b) be responsible for ensuring that the Trading Platform is adequately insured against direct accuracy, quality and indirect losses legality of Customer Property, the means by which may result from the installation and Customer acquired Customer Property, Customer’s use of the computer programs in the Client’s computer system. FurthermoreCustomer Property, the Client shall be obliged (c) use commercially reasonable efforts to make backup copies prevent unauthorized access to or use of data which, should such data be lost, might result in losses to the Client. 14.4 When using the Trading Platform, the Client shall: (1) run such tests Platform and provide such information to the Company as it shall reasonably consider necessary; (2) ensure that the system and/or hardware equipment used by the Client satisfies the requirements notified by the Company to the Client from time to time; (3) carry out virus checks on a regular basis; (4) inform the Company immediately notify UserTesting promptly of any unauthorized access to its system or instruction which the Client knows of or suspects anduse, if within their control, causes such unauthorized use to cease; and and (5d) not at any time leave the terminal from which the Client has accessed the Trading Platform or let anyone else use the terminal until they have logged out Platform only in accordance with this Agreement, Orders, our Content Policy and applicable laws and government regulations. Customer understands and agrees that UserTesting may monitor all use of the Trading Platform. 14.5 To the extent permitted by Applicable RegulationsPlatform for security, the Company operational, improvement and performance purposes. Customer shall not be liable for:do any of the following (each a “Restricted Activity”): (1a) any loss, expense, cost or liability (including consequential loss) suffered or incurred by the Client as a result of instructions being given, or any other communication being made via the internet or other electronic media; the Client shall be solely responsible for all orders, and for the accuracy of all information, sent via such electronic media; and (2) any loss or damage that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the permit access to, or use of, or make the electronic systems.Platform available to anyone other than as authorized in this Agreement or an Order; 14.6 If b) use the Client wants to use a third party software application to provide trading signals or advice or other trading assistance like an “expert advisor” or a hosting environment allowing for real-time access to the Client’s Account, the Company and its third party suppliers or licensors make no warranties or representations of any kind, whether expressed or implied Platform for the benefit of anyone other than Customer or sell, resell, license, sublicense, distribute, make available, rent or lease the Platform in a service it is providing. The Company and its third bureau or outsourcing offering; c) violate any law (including but not limited to third-party suppliers privacy rights), regulation or licensors also disclaim any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of funds, data, non-deliveries or service interruptions by any cause or errors or omissions by the Client. The ClientContent Policy in connection with Customer’s i) use of the Platform or product, or ii) collection of information (including but not limited to Tests and Recordings); d) interfere with or disrupt the integrity or performance of the Platform or any information obtained by way of an expert advisor used in conjunction associated data or information; e) copy or frame the Platform or any part, feature, function or user interface associated with a hosting environment the Platform, other than framing on Customer’s own intranets or otherwise is at the Clientfor Customer’s own riskinternal business purposes; f) communicate with UserTesting-provided Contributors outside of the Platform, and the Company and its third party suppliers specifically disclaim any responsibility for the accuracy except as otherwise provided in this Agreement, or quality an Order or with evidence of information obtained through its services. Connection speed represents the speed of an end-to-end connection. The Company and its third party suppliers or licensors do not represent or guarantee the speed or availability of end-to-end connections. The Company and its third party suppliers or licensors shall not be subject to any damages or liability for any errors, omissions or delays therein including unavailability. The licensed products and all components thereof are provided on an “as is” basis and are separate and distinct express consent from the services Contributor to be provided to UserTesting upon request; g) require Contributor to accept any terms that may, in any way, alter the rights of UserTesting or the obligations or duties of Customer under this Agreement. Where ; h) access or use the Company believes that Platform or Contributors available through the Platform in order to build or benchmark a Client is using additional functionalities/plug-ins where it affects the reliability and/or smooth and/or orderly operation of the electronic systems, the Company has the right product or service competitive to suspend or terminate the Client’s Account. 14.7 The Company makes every effort to deliver high quality products. However, the Company does not guarantee that its products are free from defects. The Company’s software is provided “as is” and the Client uses the web platform at their own risk. The Company makes no warranties as to performance, fitness for a particular purpose, or any other warranties whether expressed or implied. No oral or written communication from or information provided by the Company shall create a warranty. Under no circumstances shall the Company be liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use this software, even if the Company has been advised of the possibility of such damages. 14.8 The Client understands that the use of the Trading Platform including each transaction the Client completes thereto will not violate any law, ordinance, charter, by-law or rule applicable to them or any agreement by which the Client is bound or by which any of the Client’s assets are affected.UserTesting;