Quagensia Desktop Application End-User License Agreement (EULA)

Last Updated January 17, 2026

1. General Information Regarding This End-User License Agreement

This End-User License Agreement (“EULA”, “Agreement”, “the Agreement”, “this Agreement”) is a legal agreement between Quagensia, Inc. (“Quagensia”, “Quagensia, Inc.”, “the Company”, “we”, “us”, “our”, “ours”), whose website is located at https://www.quagensia.com, and any person or entity (“you”, “your”, “yours”, “user”) who installs, and/or uses any Edition of Quagensia’s Quagensia Desktop Application (“the Software”, “our Software”) and/or purchases any license for any subscription to any Edition of Quagensia’s Quagensia Desktop Application.

The terms “Quagensia”, “Quagensia, Inc.”, “the Company”, “we”, “us”, “our”, and “ours” refer to Quagensia, Inc., as well as our shareholders, officers, directors, subsidiaries, licensors, contractors, agents, and employees.

This End-User License Agreement applies to all Editions of the Quagensia Desktop Application (as defined below and also referred to as “the Software” or “our Software”) provided by Quagensia, Inc. These Editions include, but are not limited to, Quagensia N Edition and Quagensia T Edition.

BY CLICKING A BUTTON INDICATING YOUR ACCEPTANCE, BY CHECKING A CHECKBOX INDICATING YOUR ACCEPTANCE, OR BY INSTALLING OR USING AN EDITION OF THE QUAGENSIA DESKTOP APPLICATION OR ANY PART OF ANY EDITION OF THE QUAGENSIA DESKTOP APPLICATION YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. THIS AGREEMENT INCLUDES, AS PART OF IT, ALL OTHER AGREEMENTS, TERMS, AND CONDITIONS WHICH APPEAR ON OUR WEBSITE AT HTTPS://WWW.QUAGENSIA.COM, WHICH INCLUDE BUT ARE NOT LIMITED TO QUAGENSIA’S PRIVACY POLICY LOCATED AT HTTPS://WWW.QUAGENSIA.COM/COMPANY/PRIVACY-POLICY, QUAGENSIA’S TERMS OF SERVICE LOCATED AT HTTPS://WWW.QUAGENSIA.COM/COMPANY/TERMS-OF-SERVICE, QUAGENSIA’S COOKIE POLICY LOCATED AT HTTPS://WWW.QUAGENSIA.COM/COMPANY/COOKIE-POLICY, AND QUAGENSIA’S FORUMS CODE OF CONDUCT LOCATED AT HTTPS://WWW.QUAGENSIA.COM/COMPANY/FORUMS-CODE-OF-CONDUCT. IF THERE IS ANY CONFLICT BETWEEN THIS EULA AND THE OTHER AGREEMENTS, TERMS, AND CONDITIONS REFERRED TO ABOVE THEN THIS EULA SHALL GOVERN. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS, AND THE TERMS “YOU”, “YOUR”, “YOURS”, AND “USER” SHALL ALSO REFER TO SUCH ENTITY AND ITS AFFILIATES AS WELL. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU MUST NOT ACCEPT THIS EULA AND MAY NOT INSTALL OR USE THE SOFTWARE.

IF YOU PURCHASED A LICENSE FOR A SUBSCRIPTION TO THE SOFTWARE BY PRE-PAYING FOR A GIVEN SUBSCRIPTION TERM FROM A RESELLER, AND IF THE SUBSCRIPTION WHOSE LICENSE YOU PURCHASED WAS CLEARLY MARKED AS ONE THAT AUTOMATICALLY RENEWS, OR “AUTO-RENEWS”, THEN AT OR NEAR THE END OF YOUR PRE-PAID SUBSCRIPTION TERM YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PRE-PAID SUBSCRIPTION TERM OF THE SAME DURATION SUBJECT TO THE RESELLER’S TERMS OF SERVICE AND THIS AGREEMENT UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THAT AUTOMATIC RENEWAL BY EITHER LOGGING INTO YOUR ACCOUNT PROVIDED BY THE RESELLER AND CANCELLING IT FROM THERE OR BY GETTING HELP FROM EITHER THE RESELLER OR FROM US TO CANCEL YOUR SUBSCRIPTION. IF YOUR SUBSCRIPTION IS AUTOMATICALLY RENEWED, THE RESELLER WILL CHARGE YOUR CREDIT CARD OR OTHER CHARGEABLE ACCOUNT OR BILL YOU, AT THE CURRENT PRICE FOR THE SUBSCRIPTION AT THE TIME OF THE AUTOMATIC RENEWAL PLUS ANY APPLICABLE TAXES, VAT, FEES, DUTIES, AND LEVIES, AND USING ANY CURRENCY CONVERSION RATES FOR ANY CURRENCY CONVERSIONS USED BY THE RESELLER. IT IS YOUR RESPONSIBILITY TO SET REMINDERS FOR YOURSELF TO REMEMBER TO CANCEL YOUR SUBSCRIPTION BEFORE IT AUTOMATICALLY RENEWS. IT IS YOUR RESPONSIBILITY TO MAKE SURE YOU ARE CHECKING YOUR EMAIL (INCLUDING ANY SPAM OR OTHER FOLDERS IN YOUR EMAIL ACCOUNT) IN ORDER TO RECEIVE ANY REMINDER EMAIL MESSAGE THAT THE RESELLER SENDS YOU IN ADVANCE OF AUTOMATIC RENEWAL.

2. Definitions and Background Information

“Our Site”, “the Site”, “our Website”, “the Website”, “Quagensia’s Website”, and “Quagensia Website” refer to the web site located at https://www.quagensia.com, and all other websites, online forums, online communities, and all other online services located on any subdomain of the quagensia.com domain.
“Our Services” and “the Services” refer to the Site, all online forums and online communities that are not located on the quagensia.com domain or any subdomain of the quagensia.com domain but that are listed as “official Quagensia” communities, including but not limited to any official Quagensia Discord servers and any official Quagensia Facebook groups, at the following URL: https://www.quagensia.com/portal/web/forums, and the products, information, and services provided through the Site and Services, including but not limited to all downloadable Quagensia Desktop Applications such as Quagensia N Edition or Quagensia T Edition and all downloadable Quagensia Strategies and Quagensia Functions.
“The Content”, “the Contents”, and “the Materials” refer to content featured or displayed through the Site, downloadable from the Site, accessed or created through the Software (including Quagensia Algos, data files, other data, and the code generated from Quagensia Algos), or otherwise made available through the Services, including without limitation text, data, articles, videos, images, photographs, graphics, downloadable software such as Quagensia Desktop Applications such as Quagensia N Edition or Quagensia T Edition, Quagensia Strategies, Quagensia Functions, the code generated from Quagensia Strategies and Quagensia Functions, designs, features, and other materials that are available on the Site or otherwise available through the Services. Some of “the Content” is “our Content”, but other content, including but not limited to the Quagensia Algos, text, images, data files, or other information that you or a third party submits or posts to our “Forums”, or submits to us for consideration for free inclusion on the Site and/or other places and which we may subsequently publish on the Site and/or other places including, but not limited to, our social media profiles and our email newsletter, or “Quagensia Algos”, data files, or other data that are not “our Content” but rather that you create yourself or obtain from a third party and then access from within a Quagensia Desktop Application, may be categorized as “your Content” or “third-party Content” respectively. Note that some aspects of your Quagensia Algos and third-party Quagensia Algos and some aspects of the code generated from your Quagensia Algos and third-party Quagensia Algos are our Intellectual Property that you are allowed to use subject to this Agreement, including but not limited to the internal file format of Quagensia Algos, the look and feel of Quagensia Algos when displayed in a Quagensia Desktop Application, and some of the code that is generated for a Quagensia Algo; however, for the purposes of this Agreement, Quagensia Algos that you or a third-party create and the code generated from these Quagensia Algos shall be referred to with the prefix “your” or “third-party”, such as “your Content”, “your Quagensia Algos”, “third-party Content”, and “third-party Quagensia Algos”.
“The Company’s Content”, or “our Content”, is content that the Company creates or owns. References to specific kinds of “our Content” will be prefixed with “the Company’s” or “our”; for example, “the Company’s Quagensia Algos”, “our Quagensia Strategies”, and “our Quagensia Functions” all refer to “our Content” that we own.
“Your Content” is content that you create or own, including but not limited to Quagensia Algos that you create using the Software, the code generated from your Quagensia Algos, your Forum posts, and content that you submit to us for consideration for free inclusion on the Site and/or other places and which we may subsequently publish on the Site and/or other places including, but not limited to, our social media profiles and our email newsletter.
“Third-party Content” is content that is created or owned by a third party, including but not limited to Quagensia Algos that third parties make available to you to access, modify, and use from within the Software, the code generated from third-party Quagensia Algos, third-party Forum posts, and content that third-parties submit to us for consideration for free inclusion on the Site and/or other places and which we may subsequently publish on the Site and/or other places including, but not limited to, our social media profiles and our email newsletter.
“Feedback” means any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback on our Site, Content, Services, or Software that you provide.
“Quagensia Desktop Application”, “the Software”, and “our Software” refer to any and all Editions of the Quagensia Desktop Application, for example “Quagensia N Edition” and/or “Quagensia T Edition”, and include the user documentation, “Quagensia Runtime Dll” files, our Quagensia Strategies, our Quagensia Functions, our files of all other file types and all of our other data (i) that is installed with the Quagensia Desktop Application, (ii) that is downloadable from within the Quagensia Desktop Application, (iii) that is “our Content” that is downloadable from the Site from within a web browser for use from within the Quagensia Desktop Application, or (iv) that you obtain in any other way for use from within the Quagensia Desktop Application. “Quagensia Desktop Application” and “the Software”, and “our Software” also includes all associated software and all associated online services provided by Quagensia or its suppliers that is used or accessed directly from within the Software. All of the aforementioned files and data, all of “your Content”, all “third-party Content”, and the aforementioned associated software and associated online services, shall be subject to the same terms and conditions of this Agreement. The only way to obtain a copy of any Edition of the Quagensia Desktop Application without breaching this Agreement is directly from web pages on the Quagensia Website. The terms of this Agreement specifically disallow the downloading of or otherwise procuring any Edition of the Quagensia Desktop Application in any other way than via direct download from the Quagensia Website.
“Documentation” or “User Documentation” means the user documentation for the Software, the Site, the Content, and the Services, which includes but is not limited to the user documentation embedded within Quagensia Desktop Applications, the user documentation on Quagensia’s Website, the user documentation in the Quagensia Forums, and the user documentation in text, video, and other formats on our social media channels.
“Quagensia Runtime Dlls” or “Quagensia Runtime Dll Files” are the dll files (i.e. files with the extension “.dll”) that start with the characters “Quagensia” in any letter casing and are included with any installation of any Edition of the Software. Quagensia Runtime Dlls are intended to provide extra functionality to algorithmic trading strategies created from the code generated from a Quagensia Strategy file when the Quagensia Runtime Dll(s) is/are properly installed, licensed, and accessible by a trading platform for which the algorithmic trading strategy is intended to be used as described in the Documentation.
“Physical Machine” means a physical computer, such as a workstation, laptop, or server, and specifically excludes any type of virtual machine or hypervisor.
A “Machine” is a single “Physical Machine”, a single virtual machine instance, a single hypervisor instance, or a single unit of similar hardware technology or single instance of similar software technology upon which the Quagensia Desktop Application can be installed, opened, or used, or upon which the Quagensia Runtime Dll Files can be installed or used. Two identical Physical Machines or two identical units of similar hardware technology are considered to be two separate Machines, not the same Machine. Two identical virtual machine instances, two identical hypervisor instances, or two identical instances of similar software technology are also considered to be two separate Machines, not the same Machine.
To “Activate” means to convert an instance of an Edition of the Software on a given Machine from a mode other than “Paid Subscription Mode” (as defined below) to “Paid Subscription Mode” by using a “Quagensia-supplied license key” (as defined below).
To “Deactivate” means to convert an instance of an Edition of the Software on a given Machine from “Paid Subscription Mode” to a mode other than “Paid Subscription Mode”.
“Quagensia-supplied license key” refers to the alphanumeric key that is provided by Quagensia 1) when you purchase a license for a subscription to use the Software on one or more Machines, 2) when you request a cost-free switch between editions for subscription plans that support cost-free switching (and if you have more cost-free edition switches remaining for your purchased license), or 3) when an official representative of the Company provides one to you for any other reason, and which you can use to Activate the Software.
One or more Quagensia Runtime Dll Files that are installed with a specific Edition of the Quagensia Desktop Application may require a separate “Quagensia Runtime license” to use the Quagensia Runtime Dll File(s) in the trading platform 1) on a given Machine or 2) from a given account of some type such as an account with a broker, an account used to log into a trading platform, or another type of account. The separate “Quagensia Runtime license” can be either a free trial license or a paid license. The number of Machines without a valid free trial license upon which (and the number of accounts without a valid free trial license from which) the Quagensia Runtime Dll File(s) that require a “Quagensia Runtime license” can be used in the trading platform for each unit of a purchased “Quagensia-supplied license key” of a particular Edition will be listed clearly on the Website’s pricing page for that Edition. For instance, each purchased “Quagensia-supplied license key” for a specific Edition of the Quagensia Desktop Application may entitle the purchaser of the “Quagensia-supplied license key” to up to two “Quagensia Runtime licenses” for that Edition, which would allow the Quagensia Runtime Dll File(s) to be used in the trading platform on up to two Machines. The licensing systems used to manage the “Quagensia-supplied license keys” and the “Quagensia Runtime licenses” for a specific Edition of the Quagensia Desktop Application may be different, and therefore the ways you can acquire, Activate, and Deactivate the “Quagensia Runtime licenses” to which you are entitled may be different from the ways you can acquire, Activate, and Deactivate a “Quagensia-supplied license key” for a specific Edition of the Quagensia Desktop Application. Full instructions for acquiring, Activating, and Deactivating “Quagensia Runtime licenses” for a specific Edition of the Quagensia Desktop Application will be listed on or linked to from the Website’s pricing page for that Edition.
“Time-Limited Free Trial Mode” is the mode in which an installed instance of the Software operates on a given Machine, or optionally in an account in the case of the Quagensia Runtime Dll File(s), during the time-limited free trial during which you may evaluate some of the features of the Software without payment. The Software operating in “Time-Limited Free Trial Mode” has reduced features as compared to the Software that has been Activated on a given Machine or for a given account using a Quagensia-supplied license key (or by us at Quagensia in the case of the Quagensia Runtime Dll File(s)). When the Software has been Activated on a given Machine or for a given Account using a Quagensia-supplied license key (or by us at Quagensia in the case of the Quagensia Runtime Dll File(s)), the free trial ends immediately, the mode in which the Software operates changes to “Paid Subscription Mode” until the end date of the “Subscription Term” for which the user has paid and for which the Quagensia-supplied license key corresponds or until the Software has been Deactivated for the given Machine (or Deactivated for the given Account by us at Quagensia in the case of the Quagensia Runtime Dll File(s)). NOTE THAT ANY TIME REMAINING ON A FREE TRIAL IS NOT ADDED TO THE SUBSCRIPTION TERM PURCHASED, BUT INSTEAD GOES AWAY. IF YOU WANT TO USE ALL OF THE FREE TIME PROVIDED BY A FREE TRIAL, YOU SHOULD NOT PAY FOR A LICENSE FOR A SUBSCRIPTION FOR AN EDITION OF THE SOFTWARE UNTIL AFTER THE END OF THE FREE TRIAL PERIOD. The Software operating in “Time-Limited Free Trial Mode” is time-limited in that you can only use it for a limited amount of time without purchasing a license for a subscription to use the Software in “Paid Subscription Mode” and Activating the Software using a Quagensia-supplied license key (or by us at Quagensia in the case of the Quagensia Runtime Dll File(s)) if the user desires to use the Software in a mode other than “Locked Mode” (as defined below). Once the Software identifies that its time-limited free trial period (which includes any additional time provided to you via any “free trial extensions” given to you by an official representative of the Company) has expired and if you have not paid for a license for a subscription to the Software and Activated the Software using a Quagensia-supplied license key (or by us at Quagensia in the case of the Quagensia Runtime Dll File(s)), the specific Edition of the Quagensia Desktop Application can still be opened but can only be run with its features greatly diminished, and the features of the Quagensia Runtime Dll File(s) that require a Quagensia Runtime license cannot be used at all, in a mode that is referred to as “Locked Mode”.
“Paid Subscription Mode” is the mode in which an installed instance of the Software operates when the Quagensia Desktop Application has been Activated on a given Machine using a Quagensia-supplied license key (or by us at Quagensia in the case of the Quagensia Runtime Dll File(s)). The particular features of the Quagensia Desktop Application that can be used in “Paid Subscription Mode” depend on the level of features configured for the Quagensia-supplied license key used. For instance, an official representative of the Company may provide someone who has a popular social media channel with a temporary Quagensia-supplied license key that allows them to use the Software in a feature-restricted version of “Paid Subscription Mode” so they can demonstrate certain features of the Software to their followers that are not available in “Time-Limited Free Trial Mode” without providing them with the ability to use all of the features of the Quagensia Desktop Application. In the case that a Quagensia-supplied license key was provided by an official representative of the Company to you, you are permitted to use the Software in “Paid Subscription Mode”, whether feature-restricted or not, using that Quagensia-supplied license key until the End Date of the “Subscription Term” provided by the Quagensia-supplied license key, regardless of any language in this Agreement that refers to limitations on those who have not paid for a valid paid license for a subscription to the Software.
“Locked Mode” is the mode in which an installed instance of the Software operates on a given Machine, or optionally in an account in the case of the Quagensia Runtime Dll File(s), if the Software is operating in neither “Time-Limited Free Trial Mode” nor “Paid Subscription Mode”, because either the end date of the time-limited free trial (which takes into consideration any additional time provided to you via any “free trial extensions” given to you by an official representative of the Company) or the end date of the “Subscription Term” has passed. The features of the Software in Locked Mode are greatly diminished.
A “Quagensia Algo” refers to either a “Quagensia Strategy” (or “Quagensia Strategy File”) or a “Quagensia Function” (or “Quagensia Function File”). Quagensia Algos can be created, modified, opened, viewed, and otherwise accessed using the specific Edition of the Software that matches the specific Edition of the Quagensia Algo.
A “Quagensia Strategy” (or “Quagensia Strategy File”) is a document or file that corresponds to an algorithmic trading strategy in a trading platform for which an Edition of the Software is intended to generate algorithmic trading strategy code using the Quagensia Strategy as an input to the code generation process. The User can generate the code for an algorithmic trading strategy that can then be used from within a supported trading platform by generating the code for a Quagensia Strategy from within an Edition of the Software.
A “Quagensia Function” (or “Quagensia Function File”) is a document or file that can be used, or “called”, from both Quagensia Strategies as well as other Quagensia Functions. Quagensia Functions allow Users to create algorithmic logic one time in one place inside of a single Quagensia Function, and then use that logic many times in many different Quagensia Algos by using, or “calling”, the Quagensia Function. Quagensia Functions have no other intended purpose than to be “called” directly from a Quagensia Strategy or called indirectly from a Quagensia Strategy by being called from a Quagensia Function that is itself either called directly from a Quagensia Strategy or called indirectly from a Quagensia Strategy through a “call chain” of Quagensia Functions that starts from a Quagensia Strategy calling a Quagensia Function and continues through multiple Quagensia Functions that call each other until the Quagensia Function in question is called at some point in the “call chain”. Therefore, the code generated from a Quagensia Function is only intended to be used in the context of the code generated from a Quagensia Strategy that directly or indirectly calls it, and is not intended to be separated and used in any context other than from within the code generated from a Quagensia Strategy. By design, a Quagensia Function may or may not correspond to an actual function in the generated code, and “calling” a Quagensia Function from within a Quagensia Algo may not correspond to an actual function call in the generated code. Also by design, “calling” a Quagensia Function from within a Quagensia Algo may have other effects on the generated code than at the location it was called, including but not limited to the insertion of variable declarations and definitions in other parts of the generated code and the insertion of actual function definitions in other parts of the generated code.
“Update” means a revision to a Quagensia Desktop Application designated by a change in the version number to the right of the first period character.
“Upgrade” means a revision to a Quagensia Desktop Application designated by a change in the version number to the left of the first period character.
“Forums” refers to the Communities and Forums and all of the functionality of the Communities and Forums that exist on the quagensia.com domain or a subdomain of it or that are listed as “official Quagensia” communities, including but not limited to any official Quagensia Discord servers and any official Quagensia Facebook groups, at the following URL: https://www.quagensia.com/portal/web/forums. The forum functionality that is included in the definition of “Forums” includes, but is not limited to, actual forums, with forum “topics” or “threads”, “posts”, and “replies”, chat, private messages and emails sent between users and between users and the Company via the forum functionality, and any other feature that is accessible from within the forums, as well as any comments areas on any web page on the quagensia.com domain or any subdomain of the quagensia.com domain or in any community or forum that is listed as an “official Quagensia” community, including but not limited to any official Quagensia Discord servers and any official Quagensia Facebook groups, at the following URL: https://www.quagensia.com/portal/web/forums.
A “Forum” is a single Forum, “Channel”, or “Group” that belongs to the collection of Forums, “Channels”, and/or “Groups” that collectively make up our “Forums”. While your use of each Forum is bound by the rules in Quagensia’s Forums Code of Conduct, each separate “Forum” in our “Forums” may have other rules; for instance, a certain Forum may allow certain types of Commercial Content subject to certain restrictions while another Forum may allow no Commercial Content.

3. Minimum Age Requirements

The Site, Services, Content, and Software are not intended for children. You represent and warrant to the Company that you are over the age of 18 and that you are of legal age to form a binding contract with Quagensia. Furthermore, you agree not to submit any personally identifiable information about persons under 18 years of age via our Services or submit such information to the Company via any other means. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

4. License Grant

Time-Limited Free Trial Mode. Subject to the terms and conditions of this Agreement, Quagensia grants you a free-of-charge, limited, 14-day time-limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install the Software in Time-Limited Free Trial Mode one time only on a given Machine (or optionally in an account in the case of the Quagensia Runtime Dll File(s)) and use it for no more than 14 days (plus the total number of days provided to you via any “free trial extensions” given to you by an official representative of the Company) on a given Machine (or optionally in an account in the case of the Quagensia Runtime Dll File(s)), solely for your own personal or business use.
Paid Subscription Mode. When you have paid the applicable license fee for one unit of one Quagensia-supplied license key for a subscription to use an “Edition” of the Quagensia Desktop Application until the subscription end date of the paid-for subscription term, Quagensia agrees to supply both an alphanumeric key (“Quagensia-supplied license key”) that will allow that “Edition” of the Quagensia Desktop Application to be Activated on one Machine as well as the number of “Quagensia Runtime licenses” specified on the Website’s pricing page for that Edition of the Quagensia Desktop Application which will allow you to use the Edition-specific Quagensia Runtime Dll Files that require a “Quagensia Runtime license” in the trading platform on the number of Machines (and/or from the number of accounts of some type such as an account with a broker, an account used to log into a trading platform, or another type of account) specified on the Website’s pricing page for that Edition of the Quagensia Desktop Application until the subscription end date, if the Edition has Quagensia Runtime Dll Files that require a “Quagensia Runtime license”. When a Quagensia Desktop Application has been Activated on a given Machine using a Quagensia-supplied license key, the mode in which the Quagensia Desktop Application operates changes to “Paid Subscription Mode” until the end date of the subscription term for which the user has paid and for which the Quagensia-supplied license key corresponds or until the Quagensia Desktop Application has been Deactivated for the given Machine. You may access and use the Software in “Paid Subscription Mode” only by use of the Quagensia-supplied license key, and only so long as you have paid for a subscription to an “Edition” of the Quagensia Desktop Application whose subscription end date has not passed and the specific Edition of the Quagensia Desktop Application has been Activated on a given Machine, and if the Edition has Quagensia Runtime Dll Files that require a “Quagensia Runtime license” you may access and use the Quagensia Runtime Dll Files in the trading platform on the number of Machines (and/or from the number of accounts of some type such as an account with a broker, an account used to log into a trading platform, or another type of account) specified on the Website’s pricing page for that Edition of the Quagensia Desktop Application so long as you have paid for a subscription to that Edition of the Quagensia Desktop Application and its subscription end date has not passed. Subject to the terms and conditions of this Agreement and provided you have paid the applicable license fee to use a given Edition of the Quagensia Desktop Application in Paid Subscription Mode, Quagensia grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license 1) to use the Quagensia Desktop Application in Paid Subscription Mode (as enabled by use of the Quagensia-supplied license key and Activation using the Quagensia-supplied license key) and 2) to use the Quagensia Runtime Dll Files that require a ”Quagensia Runtime license” in the trading platform on the allowed number of Machines (and/or from the number of accounts of some type such as an account with a broker, an account used to log into a trading platform, or another type of account) if the Edition has Quagensia Runtime Dll Files that require a “Quagensia Runtime license”, solely for your own personal or business use through the subscription end date of the subscription term for which you have paid. Note that if your subscription plan supports cost-free edition switching (and if you have cost-free edition switches remaining for your purchased license) you are allowed to switch to another edition for no additional cost at which point the above discussion applies to the edition of Quagensia to which you have switched instead of the edition of Quagensia for which you originally paid the applicable license fee.
Backups. Subject to the terms and conditions of this Agreement, Quagensia grants you a free-of-charge, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to make a reasonable number of copies of the Software for backup and archival purposes only and solely for your own personal or business use.

5. Upgrades and Updates

In its discretion, Quagensia may make Updates or Upgrades available for an Edition of the Quagensia Desktop Application. Quagensia may, in its discretion, provide any Updates or Upgrades subject to its then-current EULA, which may contain additional or different terms.

6. Restrictions on Use

You agree that you will not:

Modify or create derivative works of the Software or any parts thereof with the following exception: You may use the features built into the Software to copy or create a derivative work from any Quagensia Algo that comes included with the Quagensia Desktop Application when it is installed, so long as you:
1. View it, edit it, generate its code, or otherwise access it exclusively from within the Software;
2. Do not use it from within competing software;
3. Do not do anything that is intended to hide or obscure the fact in the Quagensia Algos or in the code generated from them that the original Quagensia Algo you copied, or from which you derived your Quagensia Algo, originated from the Software;
4. Do not violate the terms and conditions of this EULA regarding Quagensia Algos that are marked as being paid-only content exclusively for paid license holders described below;
5. Do not violate any other terms or conditions of this EULA;
Do any of the following with a Quagensia Algo that is marked as being paid-only content exclusively for paid license holders of the Software unless you are the copyright holder of the Quagensia Algo or have permission from the copyright holder:
1. Manually re-create the Quagensia Algo and save it without also marking the manually re-created Quagensia Algo as being paid-only content exclusively for paid license holders of the Software by following the instructions that are prominently displayed near the top of the Quagensia Algo when viewed in the Quagensia Desktop Application;
2. Share screenshots containing substantial portions of the Quagensia Algo with users that do not have valid paid licenses for the Software;
3. Share the code that the Quagensia Desktop Application generates for the Quagensia Algo with users that do not have valid paid licenses for the Software;
4. Share a substantial portion of the Quagensia Algo in any way with users that do not have valid paid licenses for the Software;
Distribute or link to the plain text code output of any Quagensia Strategy file without also linking to the Quagensia Strategy file, with the exception of posting the plain text code output of a Quagensia Strategy file to a forum or other location that allows uploading of the plain text code output but not Quagensia Strategy files such as may be the case with technical support forums with restrictions on the file extensions of files that can be uploaded as part of a forum post;
Distribute or link to any files that hide or obfuscate the plain text code output of any Quagensia Strategy file including but not limited to a “.dll” file containing a compiled version of the code output;
Share the automated output from using a Quagensia Strategy’s outputted code, including but not limited to real-time trading signals or outputted data files, in an automated manner that could be used to make automated trading decisions without human intervention with anyone who has not installed the Software and agreed to this EULA;
Decompile, disassemble, reverse engineer, decrypt, extract, or otherwise attempt to obtain or derive the source code, file formats, data, underlying ideas, or algorithms of the Software or any Quagensia Algos;
Defeat, bypass, or otherwise circumvent any software protection mechanisms in the Software (except to the extent applicable laws specifically prohibit such restriction);
Defeat, bypass, or otherwise circumvent the software protection mechanisms built into any Quagensia Runtime Dll file that requires a “Quagensia Runtime license” by replacing some or all of its functionality with another Dll that does not require a “Quagensia Runtime license” or with any other code that does not require a “Quagensia Runtime license” but that is accessible directly or indirectly from the Quagensia Algos whose code is generated from an Edition of the Quagensia Desktop Application (except to the extent applicable laws specifically prohibit such restriction);
Use the Software, any Quagensia Algos, or the code generated from any Quagensia Algos for competitive analysis or to build a competing product;
Use, distribute, or integrate any part of the Software, any Quagensia Algo, or the code generated from any Quagensia Algos with any product or service that is generally competitive with Quagensia’s product and service offerings with the exception that you can use the code generated from any Quagensia Algo as an algorithmic trading strategy running from within a trading platform for which Quagensia has indicated that the generated code is intended for use;
Use, distribute, or integrate the Quagensia Desktop Application’s main executable file, i.e. the file that is installed with an Edition of the Software and that starts with the characters “Quagensia” in any letter casing and has the extension “.exe”, with any other product or service;
Use, distribute, or integrate any Quagensia Runtime Dll file, i.e. any file that is installed with any Edition of the Software that starts with the characters “Quagensia” in any letter casing and has the extension “.dll”, in any way other than the following two ways: 1) directly via a running instance of an Edition of the Quagensia Desktop Application itself, or 2) by an algorithmic trading strategy whose code was generated from a Quagensia Strategy and that is running from within a trading platform for which Quagensia has indicated that the generated code is intended for use;
Attempt to access or use the Software of a specific Edition in “Paid Subscription Mode” if you have not paid for a Quagensia-supplied license key whose subscription term’s date range includes the date of use or if the Software is not currently Activated on a given Machine using a Quagensia-supplied license key, or attempt to access or use the Software of a specific Edition in “Paid Subscription Mode” in any other way other than by using a Quagensia-supplied license key for which you have paid;
Attempt to access or use any Quagensia Runtime Dll file that requires a “Quagensia Runtime license” to use on a given Machine (or from a given account of some type such as an account with a broker, an account used to log into a trading platform, or another type of account) if you do not have a valid free trial Quagensia Runtime license for that machine (or account) and you either 1) have not paid for a Quagensia-supplied license key whose subscription term’s date range includes the date of use or 2) if you do not have a “Quagensia Runtime license” for that Machine (or Account), or attempt to access or use any Quagensia Runtime Dll file that requires a “Quagensia Runtime license” in any other way other than by using a “Quagensia Runtime license” to which you are entitled through your purchase of a Quagensia-supplied license key;
Attempt to Activate or simultaneously have open instances of the Software of a specific Edition in “Paid Subscription Mode” on more Machines than the total number of units of the total number of paid Quagensia-supplied license keys for which you have paid the applicable license fee for a date range that includes the date of Activation or use the Software without first Deactivating the Software of the specific Edition for enough Machines such that Activating the Software of the specific Edition on a given Machine will not create a scenario where more Machines have an Activated instance of the Software of a specific Edition than the total number of units of the total number of paid licenses at the same time;
Attempt to access or use any Quagensia Runtime Dll file that requires a “Quagensia Runtime license” to use on more Machines (or from more accounts of some type such as an account with a broker, an account used to log into a trading platform, or another type of account) that do not have a valid free trial Quagensia Runtime license than 1) the total number of units of the total number of paid Quagensia-supplied license keys for which you have paid the applicable license fee for a date range that includes the date of Activation, multiplied by 2) the number of Machines upon which (or the number of accounts from which) the Website’s pricing page for the specific Edition of the Quagensia Desktop Application states that the Quagensia Runtime Dll File(s) that require a “Quagensia Runtime license” can be used in the trading platform for each unit of a purchased “Quagensia-supplied license key” of a particular Edition;
Attempt to access or use the Software of a specific Edition in “Time-Limited Free Trial Mode” on a Machine (or optionally in an account in the case of the Quagensia Runtime Dll File(s)) if the time-limited free trial (which takes into consideration any additional time provided to you via any “free trial extensions” given to you by an official representative of the Company) for that specific Edition of the Software has expired on that Machine (or optionally in that account in the case of the Quagensia Runtime Dll File(s));
Attempt to install the Software of a specific Edition in “Time-Limited Free Trial Mode” more than one time on a given Machine (or optionally in a given account in the case of the Quagensia Runtime Dll File(s)).
Attempt to use a single “free trial extension” more than one time.
Attempt to use the Software of a specific Edition in “Time-Limited Free Trial Mode” for more than 14 days (plus the total number of days provided to you via any “free trial extensions” given to you by an official representative of the Company) on a given Machine (or optionally in a given account in the case of the Quagensia Runtime Dll File(s)).
Redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the Software, with the exception of transferring the Software to a third party expressly permitted by this Agreement;
Use the Software in a timesharing or service bureau arrangement;
Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, any Quagensia Algo, or the code generated for any Quagensia Algo;
Disclose, sell, rent, lease, barter, give away, or otherwise transfer Quagensia-supplied license keys to any third party not expressly permitted in this Agreement;
Use the Services to create, transmit, or post any message, data, information, text, software, graphics, files, materials or other content that is unlawful, libelous, defamatory, malicious, obscene, abusive, vulgar, profane, pornographic, indecent, harassing, threatening, hateful, invasive of privacy or publicity rights, or otherwise objectionable or unlawful;
Interfere with or disrupt the Software’s services or network, including, but not limited to, attempting to gain unauthorized access to the Services, computer systems or networks connected to the Services, through password mining or any other means;
Use the Services to create, transmit, or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
Use the Software in connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
Impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
Cause harm to minors;
Infringe another’s patent, trademark, trade name, copyright, trade secret, or other intellectual property;
Disclose any confidential information or trade secret in violation of a nondisclosure, employment, or confidentiality agreement;
Violate another’s privacy;
Violate any applicable laws, statutes or regulations;
Stalk;
Violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, American Stock Exchange, or the NASDAQ;
Defame another individual or entity;
Create, duplicate or transmit any pornography;
Engage in any automated use of the Site and our other internet-accessible Services, such as using any data mining, robots or similar data gathering and extraction tools, without Quagensia’s prior express written permission;
Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Site and our other internet-accessible Services, or using or launching any unauthorized script or other software that accesses the Site and our other internet-accessible Services, without Quagensia’s prior express written permission;
Use the Software in any manner not authorized by this Agreement;
Use the Software in any way that violates any law, statute, or regulation;
Do anything else that in the sole discretion of the Company is deemed to go against the spirit or intent of this Agreement;
Post a link, address or other contact information to any site which is for any of the above purposes; or
Encourage or help any third party to do anything from the list above.

7. Product Installation and Activation and Non-Circumvention of License Management Technology for the Quagensia Desktop Application Windows Application (Does Not Apply to the Quagensia Runtime Dll Files)

The Quagensia Desktop Application contains license management technology that limits the number of time-limited free trials for a given Edition of the Quagensia Desktop Application on a given Machine to one and limits the number of Machines on which instances of a given Edition can operate in “Paid Subscription Mode” to the total number of units of the total number of Quagensia-supplied license keys you have both purchased and then Activated, one unit per Machine. During Activation, you will provide our license server with your Quagensia-supplied license key accompanying the Quagensia Desktop Application and computer configuration over the Internet to verify the authenticity of the Quagensia Desktop Application and the license key. The Quagensia Desktop Application will automatically revert to “Locked Mode” on any Machine whose free trial has already expired and for which you have not Activated a valid paid subscription whose end date has not yet passed by entering a valid, paid for Quagensia-supplied license key from within the Quagensia Desktop Application. For the license management technology to be able to allow you to operate the Quagensia Desktop Application in “Paid Subscription Mode”, you must have access to the internet both at the time you Activate a product on a Machine using a Quagensia-supplied license key as well as periodic access to the internet for the product to be able to periodically check that your Quagensia-supplied license key is still valid and that the subscription end date to which it corresponds has not passed. You agree not to disable or circumvent the Quagensia Desktop Application’s license management technology, you agree to only use a free trial once on a single Machine, you agree to only use a free trial for the approximately 14 days (plus the total number of days provided to you via any “free trial extensions” given to you by an official representative of the Company) that the license management technology gives you on a single Machine, and you agree to not attempt to Activate or simultaneously have open instances of the Quagensia Desktop Application of a specific Edition in “Paid Subscription Mode” on more Machines than the total number of units of the total number of paid Quagensia-supplied license keys for which you have paid the applicable license fee for a date range that includes the date of Activation or use without first Deactivating the Quagensia Desktop Application of the specific Edition on enough Machines such that Activating the Quagensia Desktop Application of the specific Edition on a given Machine will not create a scenario where more Machines have an Activated instance of the Quagensia Desktop Application of a specific Edition than the total number of units of the total number of paid licenses at the same time.

8. Third Parties, and Content, Services and Products Supplied by Third Parties

In some situations, third parties’ terms may apply to your use of our Services. Please be aware that other parties’ terms of service govern their relationships with you. For example, licenses for subscriptions to our Quagensia Desktop Applications are sold by one or more resellers, not by us. When you purchase a license for a subscription to a Quagensia Desktop Application on a reseller’s website or via a popup window on our website that opens a web page from the reseller’s website, you are dealing directly with the reseller, not us. Your relationship with the reseller is governed by their terms of service, not this Agreement.
The Software, the Site, the Content, and the Services may contain links to other websites, resources and advertisers. Quagensia is not responsible for such external sites.
Third parties may offer, from time to time, products or services including but not limited to applications or services to access, “plug in to” or interact with the Software, content for use within the Software including but not limited to Quagensia Algos, content created by or claimed to be created by the Software including but not limited to code generated or claimed to be generated from Quagensia Algos, other content such as educational content, or consulting services. You agree that your use of such third-party applications, services, content, consulting services, and other third-party products or services will be at your own risk and subject to the terms and conditions of those third parties. You accept and acknowledge that any such application, service, content, consulting service, or other third-party product or service is the sole responsibility of the individual or entity from which said application, service, content, consulting service, or other product or service came from. QUAGENSIA MAKES NO REPRESENTATION OR WARRANTIES REGARDING THIRD-PARTY PRODUCTS OR SERVICES EVEN IF DOWNLOADED FROM QUAGENSIA’S WEBSITE OR BY MEANS OF A LINK ON QUAGENSIA’S WEBSITE OR A LINK ACCESSIBLE WITHIN THE SERVICES INCLUDING LINKS ACCESSIBLE FROM WITHIN THE SOFTWARE.
You agree that we are not responsible for claims supplied by our advertisers. You agree that we are also not responsible for any transactions or dealings between you and any third party or any advertiser. You further agree that Quagensia is not responsible for any claim or loss due to a third-party site or any advertiser.
Please see the “Disclaimer of Warranties” section of this document for more details about our Disclaimer of Warranties regarding third-party sites, services, and Content.

9. Support

Only Users with a valid paid subscription whose end date has not passed for an Edition of the Quagensia Desktop Application are entitled to any support from Quagensia, this support is only available for an Edition of the Quagensia Desktop Application for which the user has a valid paid subscription, and this support is only available via email and our online forums. Users without a valid paid subscription may ask questions in our online forums but are not entitled to a response directly from Quagensia and are not entitled to email support. All users also have access to our extensive online user documentation, which is subject to Quagensia’s Terms of Service.

THE SOFTWARE IS A SELF-HELP PRODUCT. WHEN YOU PURCHASE A LICENSE FOR A SUBSCRIPTION TO A QUAGENSIA DESKTOP APPLICATION YOU ARE PAYING ONLY FOR THE RIGHT TO USE IT AS-IS TO THE BEST OF YOUR ABILITY, NOT FOR INDIVIDUALIZED HELP WITH USING IT, INCLUDING BUT NOT LIMITED TO USING THE SOFTWARE TO BUILD A PARTICULAR QUAGENSIA ALGO OR INDIVIDUALIZED HELP WITH USING, DEBUGGING, OR TROUBLESHOOTING THE TRADING ALGORITHMS GENERATED BY THE SOFTWARE WHEN USED FROM WITHIN A TRADING PLATFORM. THE SUPPORT TO WHICH PAID USERS ARE ENTITLED IS HIGHLY LIMITED AND IS RESTRICTED TO INSTALLATION, LICENSING, AND PAYMENT ISSUES. IF YOU NEED HELP BUILDING YOUR STRATEGY USING THE SOFTWARE, USING IT IN A TRADING PLATFORM, OR DEBUGGING OR TROUBLESHOOTING ISSUES WITH IT, YOU WILL LIKELY HAVE TO HIRE A THIRD-PARTY CONSULTANT TO HELP YOU.

The support to which paid users are entitled specifically excludes the following:

Help with determining the logic for a specific Quagensia Algo, building a specific Quagensia Algo, and writing or understanding any computer code, including writing or understanding computer code written in programming languages or for APIs that is generated from Quagensia Algos;
Help with using the trading platforms whose computer code can be generated from a Quagensia Algo;
Help with using algorithmic trading strategies whose code was generated from a Quagensia Algo, including help with determining why an algorithmic trading strategy is not behaving in a way within the trading platform as the logic of the Quagensia Algo, as displayed within the Quagensia Desktop Application, may suggest to some users;
Help with debugging or troubleshooting algorithmic trading strategies whose code was generated from a Quagensia Algo whether they are run in a live trading environment, simulated environment, backtesting environment, or any other environment, and irrespective of whether or not you believe or are certain that the reason for any undesirable or unexpected behavior or result is due to a bug or weakness of the Quagensia Desktop Application or the Content rather than a bug or weakness in the way the author of the Quagensia Algo built the logic, a bug or weakness in the trading platform itself, or any other reason for the undesirable or unexpected behavior or result;
Help with live trading issues of any kind;

We will not provide support to a paid user on behalf of a user without a valid paid license. We only support paid users asking questions on behalf of themselves.

We specifically provide no support for using code generated from a Quagensia Algo if some or all of the code is hidden or obfuscated in any way, including but not limited to code that is hidden or obfuscated in a “.dll” file, with the exception of any transformation done automatically by the trading platform to the unaltered, unobfuscated, plain text code output generated from a Quagensia Algo when the code is compiled by the trading platform as a necessary step for the code to be used from within the trading platform.

Pursuant to our Feedback Policy in this Agreement, we reserve the right to use any information or ideas resulting from any support interactions with you for any and all business purposes.

ALL SUPPORT PROVIDED BY US IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY, INCLUDING ANY WARRANTY ON OUR SUPPORT RESPONSE TIMES AND ANY WARRANTY THAT A PARTICULAR SUPPORT QUERY WILL BE ANSWERED OR RESOLVED TO AN EXTENT THAT YOU FIND SATISFACTORY. NO GUARANTEE IS MADE THAT A PARTICULAR PROBLEM WILL BE SOLVED. IF THE RESOLUTION OF A PROBLEM REQUIRES THE RELEASE OF A NEW VERSION OF THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT THE RELEASE DATE AND THE FUNCTIONALITY OF THE NEWLY RELEASED VERSION SHALL BE AT THE SOLE DISCRETION OF THE COMPANY.

Quagensia may from time to time and in its sole discretion offer as a courtesy to Users support by remotely accessing and controlling the User’s Machine with the permission of, with the authorization of, with the help of, and at the request of the User. User accepts any and all risks associated with any and all remote access by Quagensia employee or agent. User also acknowledges that User may be giving Quagensia employee or agent access to User’s personal or confidential files and data. User agrees to make backups of any important files and data and close any personal or confidential files before giving Quagensia employee or agent the permission and ability to remotely access User’s Machine, and User accepts that Quagensia employee or agent has no responsibility to back up User’s important files or data.

10. Payments, Auto-Renewals, and Fees for Licenses for Subscriptions to Quagensia Desktop Applications

Licenses for subscriptions to our Quagensia Desktop Applications are sold by one or more third-party resellers, not by us. When you purchase a license for a subscription to a Quagensia Desktop Application on a reseller’s website or via a popup window on our Website that opens a web page from the reseller’s website, you are dealing directly with the reseller, not us. Your relationship with the reseller is governed by their terms of service, not our Terms of Service and not this EULA. We do not sell the Software directly to you, we do not handle charging your credit card or other kind of chargeable account or billing you on initial purchases, we do not handle charging your credit card or other kind of chargeable account or billing you due to an automatic renewal by a resellers’ online store system, we do not determine the currency conversion rates for any currency conversions used by the reseller, and we do not handle sales tax, VAT, fees, duties, or levies of any kind. Our resellers are responsible for all of this as well as for many other responsibilities that arise from your purchases of licenses for subscriptions to our Quagensia Desktop Applications on the resellers’ websites or from the resellers’ web pages that open via popup windows on our Website. It is our resellers, not us, who are responsible for handling order inquiries and problems with the usage of their online stores. We are not responsible for any errors made by our Resellers.
Payment. If the reseller is unable to process your payment or otherwise does not get paid for an automatic renewal of a license for a subscription to one of the Editions of our Quagensia Desktop Applications and your subscription term ends or has already ended, we may immediately cancel or revoke your access to the Edition of the Quagensia Desktop Application for which your subscription expired. If you contact your bank or credit card company to decline or reverse the charge of fees for an initial purchase of a license for a subscription to an Edition of the Quagensia Desktop Application or the payment is retracted or undone for any reason, we may immediately cancel or revoke your access to the Edition of the Quagensia Desktop Application to which you initially subscribed. If you contact your bank or credit card company to decline or reverse the charge of fees for the automatic renewal of a license for a subscription to an Edition of the Quagensia Desktop Application or the payment is retracted or undone for any reason and your subscription terms ends or has already ended, we may immediately cancel or revoke your access to the Edition of the Quagensia Desktop Application for which your subscription expired.
Automatic Renewal. IF YOU PURCHASED A LICENSE FOR A SUBSCRIPTION TO THE SOFTWARE BY PRE-PAYING FOR A GIVEN SUBSCRIPTION TERM FROM A RESELLER, AND IF THE SUBSCRIPTION WHOSE LICENSE YOU PURCHASED WAS CLEARLY MARKED AS ONE THAT AUTOMATICALLY RENEWS, OR “AUTO-RENEWS”, THEN AT OR NEAR THE END OF YOUR PRE-PAID SUBSCRIPTION TERM YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PRE-PAID SUBSCRIPTION TERM OF THE SAME DURATION SUBJECT TO THE RESELLER’S TERMS OF SERVICE AND THIS AGREEMENT UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THAT AUTOMATIC RENEWAL BY EITHER LOGGING INTO YOUR ACCOUNT PROVIDED BY THE RESELLER AND CANCELLING IT FROM THERE OR BY GETTING HELP FROM EITHER THE RESELLER OR FROM US TO CANCEL YOUR SUBSCRIPTION. IF YOUR SUBSCRIPTION IS AUTOMATICALLY RENEWED, THE RESELLER WILL CHARGE YOUR CREDIT CARD OR OTHER CHARGEABLE ACCOUNT OR BILL YOU, AT THE CURRENT PRICE FOR THE SUBSCRIPTION AT THE TIME OF THE AUTOMATIC RENEWAL PLUS ANY APPLICABLE TAXES, VAT, FEES, DUTIES, AND LEVIES, AND USING ANY CURRENCY CONVERSION RATES FOR ANY CURRENCY CONVERSIONS USED BY THE RESELLER. IT IS YOUR RESPONSIBILITY TO SET REMINDERS FOR YOURSELF TO REMEMBER TO CANCEL YOUR SUBSCRIPTION BEFORE IT AUTOMATICALLY RENEWS. IT IS YOUR RESPONSIBILITY TO MAKE SURE YOU ARE CHECKING YOUR EMAIL (INCLUDING ANY SPAM OR OTHER FOLDERS IN YOUR EMAIL ACCOUNT) IN ORDER TO RECEIVE ANY REMINDER EMAIL MESSAGE THAT THE RESELLER SENDS YOU IN ADVANCE OF AUTOMATIC RENEWAL. Note that any and all automatic renewals are subject to your adherence to the terms set forth in the Reseller’s Terms of Service and this Agreement. Subscriptions that have been automatically renewed will continue to be automatically renewed at or near the end of each pre-paid subscription term for an additional pre-paid subscription term of the same duration in the aforementioned way. You can view your automatic renewal date by logging into your account at the Reseller that you created when you first purchased a license for a subscription to a Quagensia Desktop Application, by contacting them or us and asking for their or our help to look up your automatic renewal date, or by following any other procedure with which they or we provide you to determine your automatic renewal date.
Cancelling Automatic Renewal. You can cancel automatic renewal of a subscription to any Quagensia Desktop Application that automatically renews by logging into your account at the Reseller from which you paid for the subscription and following whatever procedure the Reseller has in place for cancelling automatic renewal. If you need help with this, you can contact either us or the Reseller. You must repeat this process for each subscription whose automatic renewal you wish to cancel.
Subscription Price Changes. We reserve the right to change the manufacturer’s suggested retail prices of subscriptions to the Software at any time upon 30 days’ notice by us. Such notice may be provided by posting the new prices on the Quagensia Website and/or by notifying you via email. The actual price you pay the Reseller for a license for a subscription to an Edition of the Quagensia Desktop Application may be different than our manufacturer’s suggested retail price, as determined by the Reseller in its sole discretion. If your subscription is automatically renewed, then any price changes will take effect when your subscription is automatically renewed, at which point your account will be automatically charged, or you will be billed, at the then-current price for the subscription at the time of the auto-renewal plus any then-current applicable taxes, VAT, fees, duties, and levies, and using any then-current currency conversion rates for any currency conversions used by the reseller. If your first subscription term was purchased with a limited-time discount offer for a lower amount than the Reseller’s regular price and the limited-time discount offer is no longer offered at the time of auto-renewal, you will be charged the then-current subscription price at the Reseller’s then-current regular price when your subscription auto-renews.
No Refunds. We do not provide refunds and all sales are final. We do not provide refunds for initial orders, and we do not provide refunds for recurring payments for any subscriptions that automatically renew, or “auto-renew”. We do not provide downgrade refunds. We do not provide partial refunds or credits for time remaining on subscriptions. The Reseller will charge your credit card or other chargeable account or bill you in advance of the subscription term during which the subscription is valid. When you cancel automatic renewal of a subscription to a Quagensia Desktop Application, the subscription will remain active for the length of the paid subscription term. For any subscriptions that automatically renew, or “auto-renew”, it is your responsibility to cancel automatic renewal before your credit card or other chargeable account is charged or you are billed by the Reseller for another subscription term, and it is highly advised that you attempt to cancel automatic renewal at least 3 business days prior to when you believe the Reseller will charge your credit card or other chargeable account or bill you for another subscription term to both ensure that you have enough time to get help from the Reseller or from us if you need help cancelling automatic renewal and to ensure that you are not mistaken about the exact date and time of day in your time zone that the Reseller will charge your credit card or other chargeable account or bill you for another subscription term.

11. Online Services

Quagensia and/or its suppliers may provide online content or services for use with the Quagensia Desktop Application. You may be required to register with Quagensia for such content and services. Online content and services are subject to applicable legal terms and conditions stated on Quagensia’s Website (which include but are not limited to Quagensia’s Privacy Policy located at https://www.quagensia.com/company/privacy-policy, Quagensia’s Terms of Service located at https://www.quagensia.com/company/terms-of-service, Quagensia’s Cookie Policy located at https://www.quagensia.com/company/cookie-policy, Quagensia’s Forums Code of Conduct located at https://www.quagensia.com/company/forums-code-of-conduct, and Quagensia’s Digital Millennium Copyright Act (“DMCA”) policy located at https://www.quagensia.com/company/dmca-policy) and this Agreement. Quagensia may change or discontinue any online content or service at any time with or without notice. This applies to our Site, Forums, downloadable files such as Quagensia Strategy files and Quagensia Function files and the code generated from these two types of files, and images, videos, and any other content, service, function or feature that we create or manage and make available online.

12. Responsibility for Copyright Content

You alone are responsible for ensuring that any content that is accessed, used, or displayed within the Quagensia Desktop Application is properly obtained, licensed and used under copyright and all other applicable law. You agree not to use the Quagensia Desktop Application to reproduce, display, perform, or distribute content in any manner that violates any U.S. or foreign laws or any third-party rights.

13. Ownership and Intellectual Property

You expressly acknowledge that the Software, the Website, the Services, and our Content are the property of the Company or its licensors and is protected by copyright and other intellectual property laws and by international treaties. You expressly acknowledge that no ownership rights are granted by this Agreement, irrespective of any use of the words “Reseller”, “purchase”, “buy”, “subscription” or similar words or phrases. You are granted non-exclusive license rights to the Software only, which take effect after your acceptance of this Agreement. The Software is licensed to User, not sold. No right, title or interest is granted to the Software, the Website, the Services, and our Content except as expressly stated in this Agreement. We reserve all rights that are not expressly granted to you under this Agreement or by law.

You expressly acknowledge and agree that the Software, the Website, and the Services contain our Quagensia Algos, the code generated from our Quagensia Algos, and other content that is “our Content” including but not limited to data, files, information, text, software, photos, video, graphics, music, sounds and other material that are protected by copyrights, trademarks, trade secrets or other proprietary rights (called “Intellectual Property Rights”), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to Quagensia or its licensors.

All copyrights and copyrightable materials that are ours, including the Website, the Software, our Content (including without limitation our Quagensia Algos), the look and feel of the Software, the Site, the Services and Quagensia Algo files as displayed in the Quagensia Desktop Application, parts of the code generated from Quagensia Algos, Quagensia logos, and our designs, text, graphics, pictures, photos, files, hidden text, databases and our other files and the selection and arrangement thereof are Copyright © Quagensia, Inc. All rights reserved.

Quagensia, the Quagensia logo, and all other trademarks, service marks, graphics, and logos used in connection with Quagensia, Inc., our Site, our Quagensia Desktop Applications, and other Quagensia products and services, are trademarks of Quagensia or Quagensia’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of the Software, the Website, and the Services grant you no right or license to reproduce or otherwise use any Quagensia or third-party trademarks except as expressly stated in this Agreement.

You agree not to do anything that would either diminish our intellectual property rights in or relating to the Software, the Website, the Services, or our Content or that would call those rights into question.

Except as Quagensia may expressly state in writing in this Agreement or via direct written communication to you, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Quagensia or its suppliers provided on or through the Site or Services.

The Quagensia Desktop Applications, including but not limited to Quagensia N Edition and Quagensia T Edition, are products of Quagensia, Inc., a company which has no affiliation with either NinjaTrader, LLC or TradeStation Technologies, Inc. Neither NinjaTrader, LLC, nor TradeStation Technologies, Inc., nor any of their respective affiliates has endorsed, recommended, or approved Quagensia N Edition or Quagensia T Edition. NinjaTrader® and NinjaScript® are registered trademarks of NinjaTrader, LLC. TradeStation® and EasyLanguage® are registered trademarks of TradeStation Technologies, Inc.

14. Your Content

The Company may allow you to supply content that can be accessed and viewed by others using the Site and the Services, including but not limited to our website located at https://www.quagensia.com and our Forums. You agree not to post or submit any content that violates this Agreement or any applicable EULA, or Quagensia’s Forums Code of Conduct located at https://www.quagensia.com/company/forums-code-of-conduct if the submission or post was on our Forums, or any additional community guidelines or rules posted on the particular Forum, online community or other service, or the terms of service or community guidelines of any third-party service provider that may host one or more of our Forums.

By posting or submitting content to any of the aforementioned places, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and our affiliate companies an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, communicate, modify, abridge, excerpt (in whole or in part) and distribute and promote such content (including, without limitation, your image and voice) in whole or in part, for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, to incorporate such content into other works, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name you provide, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. This license also allows the Company to make any publicly posted content available to third parties selected by the Company. The Company does not assert any ownership over your Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content.

By posting or submitting Content on any of the aforementioned places, you hereby authorize the Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully paid-up license to access, download, print and otherwise use your Content for their internal purposes, and you give each end user permission to share your Content on the Site, and on all other websites, online forums, online communities, and other online services located on the quagensia.com domain or any subdomain of the quagensia.com domain, and on all online communities and online forums that are listed as “official Quagensia” communities, including but not limited to any official Quagensia Discord servers and any official Quagensia Facebook groups, at the following URL: https://www.quagensia.com/portal/web/forums, and you give all other users of the Site and Services permission to make and share derivative works of your Content.

We reserve the right to remove any of Content that you have posted on or through the Site or the Services for any reason. We reserve the right to remove any Content that we have previously published for any reason.

You agree that the Company shall be allowed to create any Quagensia Algo that it chooses to create and generate the code for any Quagensia Algo that it chooses to create and that the Company shall be allowed to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, communicate, modify, abridge, excerpt (in whole or in part) and distribute and promote such content in whole or in part, for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, to incorporate such content into other works, and to grant and authorize sublicenses of such content that it creates in any way that it chooses to use it, even if you have already created the same Quagensia Algo or a similar Quagensia Algo or have generated the same or similar code from a Quagensia Algo, and you agree not to claim copyright infringement due to the Company creating and using a Quagensia Algo that is the same as or similar to a Quagensia Algo that you made previously. YOU ACKNOWLEDGE THAT IF THE ABOVE CLAUSES IN THIS PARAGRAPH WERE NOT INCLUDED HEREIN, QUAGENSIA WOULD NOT LICENSE THE SOFTWARE TO YOU.

You accept and acknowledge that your Content and the distribution of your Content is your sole responsibility and is at your sole discretion and risk and that any claims that may arise in connection with the use and distribution of your Content shall be your sole responsibility.

15. Our Forums

The Company may provide online communities, online forums, and/or comments sections on web pages on the Site and through the Services, which collectively are also referred to as “Forums”, and which allow users and us to ask and answer questions, allow users to communicate with each other and us, and allows us to communicate with users. The Forums will thrive based on mutual respect and consideration. Your use of our Forums and its resources is subject to Quagensia’s Forums Code of Conduct located at https://www.quagensia.com/company/forums-code-of-conduct as well as other applicable legal terms and conditions stated on Quagensia’s Website, which include but are not limited to Quagensia’s Privacy Policy located at https://www.quagensia.com/company/privacy-policy, Quagensia’s Terms of Service located at https://www.quagensia.com/company/terms-of-service, Quagensia’s Cookie Policy located at https://www.quagensia.com/company/cookie-policy, and Quagensia’s Digital Millennium Copyright Act (“DMCA”) policy located at https://www.quagensia.com/company/dmca-policy.

16. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Quagensia product or service violates your copyright, please notify us in accordance with Quagensia’s Digital Millennium Copyright Act (“DMCA”) Policy located at https://www.quagensia.com/company/dmca-policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Quagensia or others.

17. Feedback Policy

We are always trying to improve our Company, Software, Site, Services, Content and Documentation and communicating with you helps us do that. If you choose to give us, in any way (including but not limited to posting in forums) or for any purpose (including but not limited to technical support), any idea, disclosure, concept, correction, question, submission, feedback, know-how, algorithm, code contribution, content, material, suggestion, enhancement request, recommendation, comment, or any other information or communication (collectively Feedback), whether solicited or unsolicited, then by doing so, you grant Quagensia a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to, in any way and in whole or in part and for any purpose, use, copy, disclose, modify, make derivative works from, translate, publish, implement, sell, distribute, commercially exploit and/or incorporate the Feedback into our Company, Software, Site, Services, Content, and Documentation without any restriction or obligation financial or otherwise.

All communication, including support, is not confidential in that you grant Quagensia the right to use any or all of the non-personally identifiable information you give us as Feedback.

You warrant that your Feedback is not subject to any license or other terms that would purport to require Quagensia to comply with any obligations of any kind.

18. No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

19. Communications with Quagensia and Consent to Electronic Notice

When you purchase any product or service from us, including but not limited to a license for a subscription to a Quagensia Desktop Application, sign up to receive communications from Quagensia such as our email newsletter, or provide an email address to us in any other way, including but not limited to submitting your content to us for consideration for free inclusion on the Site, we consider that to be an inquiry about our products and Site, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

You agree that we may provide to you notices and other information concerning Quagensia or our Services electronically, including notice to any email address that you may provide.

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted on or via the Services; (2) agree that all terms of service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights; and (3) agree that delivery of any Notice from Quagensia is effective when sent by Quagensia, regardless of whether you actually receive or read the Notice.

If you have provided your email address and do not wish to consent to electronic notice for contractual purposes, you must uninstall and discontinue all use of all Editions of the Quagensia Desktop Application and click the unsubscribe link from any such electronic notice email that was sent for contractual purposes. Note that simply unsubscribing from our email newsletter may not unsubscribe you from emails that are sent for contractual (as opposed to marketing) purposes. You can also unsubscribe from emails sent for contractual purposes by contacting our support team and letting them know the email address to which you wish to no longer receive electronic notices for contractual purposes from us.

With the exception of communications covered by Quagensia’s Digital Millennium Copyright Act (“DMCA”) Policy located at https://www.quagensia.com/company/dmca-policy, which can be done via email, communications made through email or any of Quagensia’s messaging systems will not constitute legal notice to Quagensia or any of its officers, employees, agents or representatives in any situation where notice to Quagensia is required by contract or any law or regulation. Legal notice to Quagensia must be in writing and served to the address listed on our Terms of Service’s section whose title is “Communications with Quagensia and Consent to Electronic Notice” or whose title is the most similar to “Communications with Quagensia and Consent to Electronic Notice” and which provides an address to which to send legal notices. Our Terms of Service is located at https://www.quagensia.com/company/terms-of-service.

Notice by you shall be effective on the date that the Company actually receives the notice.

20. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE (INCLUDING ALL OF THE CONTENT AVAILABLE FROM WITHIN OR THROUGH THE SOFTWARE), THE SITE (INCLUDING ALL OF THE CONTENT AVAILABLE ON OR THROUGH THE SITE), THE SERVICES (INCLUDING ALL OF THE CONTENT AVAILABLE ON OR THROUGH THE SERVICES), THE CONTENT, AND SUPPORT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUAGENSIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, LEVEL OF QUALITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, NON-INFRINGEMENT, AND TITLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. QUAGENSIA DOES NOT WARRANT THAT THE SOFTWARE AND RELATED CONTENT, USER DOCUMENTATION, THE SITE, THE SERVICES, THE CONTENT, AND SUPPORT WILL MEET YOUR SPECIFIC REQUIREMENTS, ARE ERROR-FREE, ACCURATE, COMPLETE OR RELIABLE, OR WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE RESULTS THAT YOU OBTAIN FROM THE USE OF THE SOFTWARE, THE CONTENT, THE SITE, THE SERVICES, OR SUPPORT WILL BE ACCURATE OR RELIABLE, OR THAT ANY SERVERS USED BY QUAGENSIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES AND CONTENT MADE AVAILABLE THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QUAGENSIA MAKES NO WARRANTIES WITH RESPECT TO ANY SOFTWARE, SERVICES, INFORMATION, SUPPORT, OR CONTENT PROVIDED BY THIRD PARTIES. YOU ACCEPT AND ACKNOWLEDGE THAT THERE IS A VERY HIGH RISK INVOLVED IN TRADING AND YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE, THE SITE, THE SERVICES AND THE CONTENT AND USE OF SUPPORT REMAINS WITH YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO ASSUME THE FULL RISKS THAT ERRORS OR INACCURACIES IN THE SOFTWARE, THE SITE, THE SERVICES, THE CONTENT, OR SUPPORT MAY RESULT IN TRADING LOSSES DUE TO AUTOMATED TRADING IN LIVE MARKETS, TRADING LOSSES DUE TO YOUR REACHING INCORRECT CONCLUSIONS DUE TO THE TESTING OF AN ALGORITHMIC TRADING STRATEGY ON HISTORICAL DATA, OR TRADING LOSSES DUE TO ANY OTHER REASON. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE, THE SITE, THE SERVICES, THE CONTENT, AND SUPPORT IS AT YOUR SOLE RISK. YOU AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CONSEQUENCES OF SUCH ERRORS OR INACCURACIES. BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN SERVICES AND CONTENT THROUGH, OUR SITE AND OTHER SERVICES AND USE SAID SERVICES AND CONTENT AT YOUR OWN DISCRETION AND RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES.

YOU DOWNLOAD AND USE QUAGENSIA DESKTOP APPLICATIONS AT YOUR OWN RISK AND ASSUME COMPLETE AND EXCLUSIVE RESPONSIBILITY FOR ANY AND ALL LOSSES, DAMAGES AND LIABILITIES THAT MAY RESULT FROM THE USE OF THE QUAGENSIA DESKTOP APPLICATIONS AND ALL QUAGENSIA STRATEGY FILES, QUAGENSIA FUNCTION FILES, THE CODE GENERATED FROM OR THAT IS CLAIMED TO BE GENERATED FROM QUAGENSIA STRATEGY FILES AND QUAGENSIA FUNCTION FILES, FILES OF OTHER FILE TYPES, AND ALL OTHER DATA THAT IS INSTALLED WITH THE QUAGENSIA DESKTOP APPLICATIONS, THAT YOU DOWNLOAD FROM WITHIN A QUAGENSIA DESKTOP APPLICATION, DOWNLOAD BY BROWSING TO QUAGENSIA.COM IN A WEB BROWSER AND DOWNLOADING THE FILE, OR OBTAIN IN ANY OTHER WAY AND ACCESS, READ, OR WRITE FROM WITHIN THE QUAGENSIA DESKTOP APPLICATION.

YOU ACKNOWLEDGE THAT QUAGENSIA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE MATERIAL, DATA, AND INFORMATION, SUCH AS QUAGENSIA STRATEGY FILES, QUAGENSIA FUNCTION FILES, THE CODE GENERATED FROM OR THAT IS CLAIMED TO BE GENERATED FROM QUAGENSIA STRATEGY FILES OR QUAGENSIA FUNCTION FILES, DATA FILES, TEXT, COMPUTER SOFTWARE, CODE, MUSIC, AUDIO FILES OR OTHER SOUNDS, PHOTOGRAPHS, VIDEOS, IMAGES OR FILES OF OTHER FILE TYPES (COLLECTIVELY, “CONTENT”) WHICH YOU MAY HAVE ACCESS TO AS PART OF, OR THROUGH YOUR USE OF, THE SERVICES. UNDER NO CIRCUMSTANCES IS QUAGENSIA LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO: ANY INFRINGING CONTENT, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, LINKED FROM, OR OTHERWISE ACCESSIBLE THROUGH OR MADE AVAILABLE VIA THE SERVICES. YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF CONTENT MADE AVAILABLE THROUGH THE SERVICES.

We have not reviewed, and cannot review, all of the third-party Content and third-party websites (such as, but not limited to, computer software, Quagensia Strategy files, Quagensia Function files, and any code that was either generated from or is claimed to be generated from a Quagensia Strategy file or Quagensia Function file, text, photo, video, audio, code, items for sale, or other materials) posted to, linked to, or otherwise made available on our Site, our social media channels, pages, or feeds, our Quagensia Forums, or linked to or otherwise made available from our email newsletter or our Software, or provided by any other means by users or anyone else and are not responsible for any use or effects of such third-party Content. So, for example:

We do not endorse any third-party Content or represent that third-party Content is accurate, useful, or non-harmful. Third-party Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of third-party Content. If you access or use any third-party Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the third-party provider of any third-party Content.
We do not have any control over third-party websites and are not responsible for their contents or their use. We disclaim any responsibility for any harm resulting from all third-party websites.
The existence of a link to a website or content from Quagensia.com, one of our social media channels, pages, or feeds, our Quagensia Forums, or our email newsletter does not represent or imply that we endorse such website or content.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. In particular, only download Quagensia Strategy files, Quagensia Function files, and any code that is either generated or claims to be generated from a Quagensia Strategy file or Quagensia Function file from sources that you trust.
If you use any third-party website or service, for example if you purchase a license for a subscription to a Quagensia Desktop Application from one of our Resellers, you understand that any use of a third-party site or service is at your own risk, and we shall not be responsible or liable to anyone for any third-party site or service.
Please note that additional third-party terms and conditions may apply to the downloading, copying, purchase, or use of third-party Content.

21. No Investment or Trading Advice Provided

We offer neither investment advice nor trading advice, nor do we make recommendations or solicitations to buy, sell, sell short, buy to cover, or hold any financial instrument, nor do we guarantee results of any kind. All Quagensia Strategies, algorithmic trading strategy backtest and optimization simulation results, research reports, videos, tutorials, articles, blog posts, email newsletters, and all other information provided and all other works created by us as well as all third-party Content promoted or linked to by us on our Site, forums, social media channels, email newsletters, and all other communication channels and communication media should be considered as examples only and should be considered as solely for educational or informational purposes to show you how you might use our products and services to create your own Quagensia Strategies, research, and analysis on your own financial instruments and using your own trading styles. None of the information we provide or content we create constitutes investment advice or trading advice. This includes not only information and content we provide publicly but also anything we communicate to anyone in a private setting such as a customer support chat, phone call, email, or online meeting. We do not recommend that you use any of our Quagensia Strategies, research, or ideas as is, as everything we create is merely an example for educational or informational purposes only. Under no circumstances should any content created by us or by third-party Content creators we promote and link to be treated as financial advice. You acknowledge that your trading decisions are based exclusively on your own judgment and not based on content created by us or third-party Content creators that we promote or link to, and that you alone are responsible for your trading decisions and for evaluating the risks and merits of any information, content, products, and services we provide. Under no circumstances shall we be held liable for any loss or damage, including without limitation any loss of profit, incurred as a result of buying, selling, short selling, buying to cover or holding a financial instrument or any loss incurred by you or another person or entity as a result of directly or indirectly using a particular systematic or algorithmic trading strategy, trading methodology, approach, research results, idea or other information that you or another person or entity obtained from us or the third-party Content we promote or link to. You assume all risks and costs associated with your trading decisions.

You accept and acknowledge that the Quagensia Strategies provided by the Company, including but not limited to those included with the installation of the Software, those downloadable from within the Software, and those downloadable directly from the Site or Services, are meant solely as educational tools and examples of what you can do with the Software, and are not meant to be used as-is in a live production trading environment that submits real orders to place trades into real financial markets with real money at risk. You agree not to use the Quagensia Strategies provided by the Company as-is in a live production trading environment that submits real orders to place trades into real financial markets with real money at risk.

22. Accuracy of Information

While we attempt to make the information we provide accurate and free from errors and omissions, we cannot and do not guarantee that the information we and our third-party Content creators provide on our Site, social media channels, email newsletter, and via all other communication channels and communication media is accurate, complete, and without errors. The information and content we provide is provided as-is without warranty of any kind. Under no circumstances shall we be held liable for any loss or damage, including without limitation any loss of profit, incurred as a result of buying, selling, short selling, buying to cover or holding a financial instrument or any loss incurred by you or another person or entity as a result of directly or indirectly using erroneous or incomplete information that you or another person or entity obtained from us or the third-party Content we promote or link to. You assume all risks and costs associated with your trading decisions and your usage of the information that we and our third-party Content Creators provide.

23. Disclaimer Regarding the Risks of Trading and Investing

Trading and investing in the financial markets can involve a high degree of risk of financial losses, including losing all of your initial investment or even more than your initial investment. For this reason, you should not invest or trade with money that you cannot afford to lose. The use of leverage can work for you or against you and is highly unsuitable for many investors. The trading of futures, forex, contracts for difference (CFDs), options, and cryptocurrencies is highly unsuitable for many investors. Neither trading nor investing is suitable for all people. Most traders lose money. Before deciding to trade or invest in the financial markets you should carefully consider your financial objectives, level of experience, and risk appetite. Past performance, whether actual or hypothetical, is not necessarily indicative of future results. You must be aware of the many risks associated with trading and investing and be willing to accept them in order to trade or invest in the financial markets. You should seek advice from a qualified independent financial advisor if you have any questions, doubts, or points of confusion regarding these many risks.

24. Disclaimer Regarding Hypothetical Performance Results

Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program.

One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY OR ITS LICENSORS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, RESELLERS, DISTRIBUTORS, SUPPLIERS, AGENTS, AFFILIATES, OR CONTRACTORS (“QUAGENSIA PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY ON ANY LEGAL THEORY FOR ANY LOST REVENUE, PROFIT, SAVINGS, OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ACTUAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, TRADING LOSSES, LOSS OF REVENUE OR INCOME, LOST PROFITS, LOSS OF GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY FOR ANY MATTER RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY MATTER THAT ARISES IN CONNECTION WITH OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, THE SITE, SUPPORT, THE CONTENT, OR THE SERVICES (INCLUDING ALL CONTENT AVAILABLE FROM WITHIN THE SOFTWARE OR THROUGH THE SITE OR THE SERVICES) INCLUDING BUT NOT LIMITED TO YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE OR THROUGH THE SITE, THE SERVICES OR SUPPORT, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE OR ANY OTHER MATTER RELATING TO THE SOFTWARE, THE SITE, THE SERVICES, THE CONTENT, OR SUPPORT, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF QUAGENSIA AND ITS LICENSORS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, RESELLERS, DISTRIBUTORS, SUPPLIERS, AGENTS, AFFILIATES, AND CONTRACTORS TO YOU OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS EULA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT IF THE ABOVE LIMITATION WERE NOT INCLUDED HEREIN, QUAGENSIA WOULD NOT LICENSE THE SOFTWARE TO YOU. THE QUAGENSIA PARTIES WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF: (I) CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE QUAGENSIA DESKTOP APPLICATION AND/OR ANY MATERIAL LINKED TO OR THROUGH SUCH CONTENT; OR (II) THE USE OF THIRD-PARTY QUAGENSIA ALGOS OR OTHER THIRD-PARTY CONTENT (EVEN IF MADE AVAILABLE ON OUR SITE OR MADE AVAILABLE THROUGH OUR SOFTWARE OR SERVICES).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUAGENSIA IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SITE OR THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SITE OR THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES), FOR THE STATEMENTS OR CONDUCT OF THIRD PARTIES ON OR THROUGH THE SITE OR THE SERVICES, FOR ANY OTHER USER INTERACTIONS THAT YOU INPUT OR RECEIVE THROUGH YOUR USE OF THE SITE OR THE SERVICES, FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SITE OR THE SERVICES, OR FOR THE SITE OR THE SERVICES GENERALLY OR THE SOFTWARE OR TRADING ALGORITHMS, INCLUDING QUAGENSIA STRATEGY FILES, QUAGENSIA FUNCTION FILES, AND THE CODE THAT IS GENERATED OR THAT IS CLAIMED TO BE GENERATED FROM QUAGENSIA STRATEGY FILES OR QUAGENSIA FUNCTION FILES, THAT THE SITE OR THE SERVICES MAKE AVAILABLE.

WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL.

CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

ALL OF THE PROVISIONS OF THIS SECTION ARE ALSO FOR THE BENEFIT OF THE LICENSORS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, RESELLERS, DISTRIBUTORS, SUPPLIERS, AGENTS, AFFILIATES, AND CONTRACTORS OF THE COMPANY, AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THE PROVISIONS DIRECTLY ON THEIR OWN BEHALF.

26. Indemnification

To the extent authorized by law, you agree to indemnify, hold harmless, and at Quagensia’s request, to defend Quagensia and its licensors, shareholders, officers, directors, employees, resellers, distributors, suppliers, agents, subsidiaries, affiliates, and contractors from and against any and all losses, liabilities, demands, damages, settlement amounts, costs, claims, and expenses (including attorneys’ fees) resulting from any breach of this Agreement or any allegation or claim that your use or misuse of the Software, the Site, the Services, or the Content that you obtain from or through the Site or any of the Services or that you make available on or through the Site or any of the Services or make available in any other way has violated any right of any third party or violated any law.

If you distribute Quagensia Algos, the code generated from Quagensia Algos, data intended for use as input data by the algorithmic trading strategies whose code was generated from Quagensia Algos, or data that was outputted through the use of the algorithmic trading strategies whose code was generated from Quagensia Algos, or if you provide advice, analysis, commentary, or trading signals based on either the backtest results or live execution of algorithmic trading strategies whose code was generated from Quagensia Algos, you agree to indemnify, hold harmless, and at Quagensia’s request, to defend Quagensia and its licensors, shareholders, officers, directors, employees, resellers, distributors, suppliers, agents, subsidiaries, affiliates, and contractors from and against any and all losses, liabilities, demands, damages, settlement amounts, costs, claims, and expenses (including attorneys’ fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results or is alleged to arise or result from the use or distribution of the Quagensia Algos, the code generated from Quagensia Algos, data intended for use as input data by the algorithmic trading strategies whose code was generated from Quagensia Algos, or data that was outputted through the use of the algorithmic trading strategies whose code was generated from Quagensia Algos, or the providing of advice, analysis, commentary, or trading signals based on either the backtest results or live execution of algorithmic trading strategies whose code was generated from a Quagensia Algo.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

If you have a dispute with one or more third parties, you agree to release Quagensia from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

27. Export Controls

You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign nation, and not to export, re-export or import the Software in violation of any such restrictions, laws, or regulations.

28. International Use

We make no representation that the Site, the Software, and the Services (including the content available on and through the Site, the Software, and the Services) are appropriate or available for use in locations outside the United States. Your use of the Site, the Software, and the Services must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. If you choose to access the Site, the Software, or the Services from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws and applicable regulations.

29. US Economic Sanctions

You expressly represent and warrant that your use of our Site, the Software, and the Services is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access to our Site, the Software, and/or the Services of those users in the event of a breach of this condition. You may not use our Site, Software, or Services in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use our Site, Software, or Services if you are or are working on behalf of a Specially Designated National (SDN) (which you can learn more about at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.

30. Translation

This Agreement was originally written in English (US). We may translate this Agreement into other languages. In the event of a conflict between a translated version of this Agreement and the English version, the English version will control.

31. Injunctive Relief

You acknowledge and agree that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this Agreement by you will cause the Company irreparable damage for which recovery of money damages would be inadequate and that the Company shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain timely injunctive relief or other equitable relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

32. U.S. Government Users

The Software is a “commercial item,” as that term is defined in 48 CFR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 CFR 12.212 and 48 CFR 227.7202. Consistent with applicable laws and regulations, all U.S. Government users acquire the Software with only those rights as set forth herein.

33. U.S. Government Restricted Rights

If the Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government’s rights in the Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

34. Jurisdiction and Applicable Law

Except to the extent applicable law provides otherwise, this Agreement between you and Quagensia and your access to and use of the Software, the Site, the Content, the Services, and Support are governed by the federal laws of the United States of America and the laws of the State of Illinois, USA, excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods. You and Quagensia agree to submit to the exclusive jurisdiction and venue of the courts located in Champaign County, in the state of Illinois, USA.

35. Termination

You agree that the Company shall have the right to modify, suspend, or terminate the operation of, or access to, all or any portion of the Software, the Content, the Site, the Services, or Support in the Company’s sole discretion, and that the Company may choose to discontinue offering any Edition of the Software or subscription plan at any time and the Company’s entire liability and your exclusive remedy shall be a refund of the amount of money corresponding to the time remaining on all your current, valid, paid subscriptions for the Edition of the Software or subscription plan to be discontinued.

The Company may, in its sole and absolute discretion, and with or without notice, suspend or terminate your access to the Software, the Content, the Site, the Services, and/or Support, or terminate this Agreement and thus your rights to use the Software, the Content, the Site, the Services, and/or Support, for any conduct or use (whether by you or anyone else using your Machine, your internet connection, your installation of the Software or any of your user accounts such as your Forums user account) that the Company believes is a violation of this Agreement or for any other conduct or use that the Company believes is harmful to other Users, the Site, the Services, or the interests of the Company. This Agreement is effective until terminated. You may terminate this Agreement at any time by immediately ceasing to access or use the Site and the Services and destroying all copies of the Software. This Agreement will terminate immediately without notice from the Company if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any of the Services or the Software become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, all license grants end and you must destroy all copies of the Software and cease all use.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, restrictions on use provisions, responsibility for copyright content provisions, consent to electronic notice provisions, ownership provisions, indemnification provisions, termination provisions, disclaimer of warranties provisions, limitation of liability provisions, third-party products and services provisions, miscellaneous provisions, and the jurisdiction and dispute resolution, and applicable law provisions.

36. Changes to this Agreement

We reserve the right, at our sole discretion, to update or modify this Agreement, including any of our other agreements, terms, and conditions which have been included as a part of this Agreement by reference, upon our release of a new version of the Software. You must accept the updated Agreement before installing or using the newly released Software.

37. Severability

No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

38. Entire Agreement

This Agreement, together with Quagensia’s Terms of Service located at https://www.quagensia.com/company/terms-of-service, constitutes the entire agreement between the Company and you concerning the subject matter hereof and supersedes all previous written or oral agreements.

39. Miscellaneous

You represent and warrant that you have all the required legal capacity to enter into this Agreement as a binding agreement.
You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without our prior written consent, with the exception being that you may assign this Agreement in its entirety to your successor resulting from a merger, acquisition, or other corporate action or to a subsidiary that you control, so long as assignee agrees in writing to assume all of your obligations under this Agreement. The Company may assign our rights and obligations under this Agreement, in whole or in part, to any entity at its sole discretion without your consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Neither party will be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control or from any cause which could be reasonably considered to be unforeseeable by the party in question.
You agree that once in a while the Site, the Software or the Software’s related online Services may not be usable for any reason including but not limited to hardware or software failures or maintenance which Quagensia or one of its third-party vendors may undertake.
The section titles in this Agreement are for your convenience only and are neither legally binding nor do they affect the interpretation of this Agreement. All uses of “including” and “such as” and their variants mean “including without limitation” and its variants.
You agree to make backups of the files you create or modify with the Software, and you agree to and accept that the Software has no responsibility to automatically back up said files.
You agree not to create or share any Quagensia Algo whose name or description is intended to mislead others as to the effects of running the Quagensia Algo’s code generated by the Software.
You agree not to create or share any Quagensia Algo whose generated code is intended to cause harm to any person, company, entity, or the Company.
You accept and acknowledge that the code generated by the Software is computer code, that this computer code has the potential to do practically anything good or bad that computer code can do when run from within a trading platform for which it is intended, including such things as deleting files and submitting orders to place trades into live financial markets that can result in trades that lose money or that cause a great expense due to commissions, spreads, taxes, and other fees, and you accept full responsibility for the consequences of running the code generated by the Software from within a trading platform for which it is intended. In light of the aforementioned risks, you agree not to download Quagensia Algos or code generated or claimed to be generated from Quagensia Algos, from any third party in whom you do not have a very high degree of trust, because if a third party is malicious or negligent or made a mistake when making a Quagensia Algo and you either 1) download one of their Quagensia Algos and use the Software to generate its code, either directly or in the case of Quagensia Functions indirectly from within another Quagensia Algo that uses, or “calls”, the potentially dangerous Quagensia Function, or 2) you download code generated or claimed to be generated from one of their Quagensia Algos, and then run the code that was obtained using either of the two aforementioned methods from within an intended trading platform either directly as an algorithmic trading strategy or indirectly by being used, or “called”, from either an algorithmic trading strategy or other object that can call code, which includes but is not limited to a “function”, “method”, “indicator”, or “study”, this can cause great damage as described above. You accept and acknowledge that third-party code that you obtain in any way other than by you personally generating code for a third-party Quagensia Algo from within the Software may not have been created by generating the code of a Quagensia Algo from within the Software or may have been edited outside of the Software after the code was generated, even if the third-party code looks like it was created by generating the code of a Quagensia Algo from within the Software, and that the aforementioned code should be considered even more potentially dangerous than the code that you personally generate from a Quagensia Algo that you obtain from a third party.
You accept and acknowledge that different versions of an Edition of the Software may generate different code for the same Quagensia Algo, you accept full responsibility for identifying and understanding any differences between the code generated for a given Quagensia Algo by two different Editions of the Software, and you accept full responsibility for properly and thoroughly testing any algorithmic trading strategy whose code changed due to its code being generated by two different versions of an Edition of the Software.
You accept and acknowledge that the Company may change or remove any Quagensia Strategy or Quagensia Function provided by the Company, including but not limited to those included with the installation of the Software, those downloadable from within the Software, and those downloadable directly from the Site or Services, and that this may cause the code that is generated for the given Quagensia Strategy, Quagensia Function, or code that is generated for a Quagensia Strategy or Quagensia Function that directly or indirectly uses a given Quagensia Function that is changed or removed, to be different than the code generated before the Company changed or removed a Quagensia Strategy or Quagensia Function, and that this changing or removal of a Quagensia-supplied Quagensia Algo may cause validation errors within the Software that must be fixed by you before the code for a given Quagensia Strategy or Quagensia Function can be generated. You accept full responsibility for identifying and understanding any differences between the code generated for two different versions of the same Quagensia-supplied Quagensia Strategy or Quagensia Function or the differences between the code generated for the same Quagensia Strategy or Quagensia Function that directly or indirectly uses a given Quagensia-supplied Quagensia Function that the Company removed or changed and accept full responsibility for properly and thoroughly testing any algorithmic trading strategy whose code changed due to its code being generated with different versions of a Quagensia Strategy or Quagensia Function provided by the Company.
You accept and acknowledge that different versions of a trading platform for which a given Edition of the Software is intended to generate code may work very differently, and that this can cause problems with your algorithmic trading strategies whose code you generated using the Software. These differences of how different versions of a trading platform work include but are not limited to (i) one version being able to compile your code and one version not being able to compile your code due to changes to a trading platform’s programming language or application programming interface (API) that the code generated from the Software targets, and (ii) your algorithmic trading strategy may work correctly in one version of a trading platform but not the other, where “work correctly” means “works correctly in historical simulations such as backtests, works correctly in live trading through the platform, and/or works correctly in any and all other ways that you use the algorithmic trading strategy”, due to one version of a trading platform having one or more bugs that the other version doesn’t have or the two versions of the trading platform being different in ways such that either the different versions have different bugs or the different versions have differences that are not necessarily bugs but are both arguably correct based on different ways of looking at the differences in behavior between the different versions. You accept full responsibility for properly and thoroughly testing all algorithmic trading strategies on each version of a trading platform separately, and you agree not to assume that a given algorithmic trading strategy will work the same way on two different versions of a trading platform. The Company makes no warranty that a given Edition of the Software will be able to generate code that will be able to work properly in all versions or a particular version of a trading platform for which its generated code is intended, the Company makes no warranty that it will release new versions of the Software in response to the release of new versions of a trading platform, and the Company makes no warranty that any new versions of the Software that it does release in response to the release of new versions of a trading platform will be done within a given period of time from the release date of the new version of a trading platform.
You agree and accept that the names and descriptions of the Quagensia Algos supplied by the company and the names and descriptions of the input parameters and internal variables of the Quagensia Algos supplied by the company are meant to give you a general idea of the purpose of each Quagensia Algo rather than an exact and complete description of what each Quagensia Algo, input parameter, or internal variable does with a full list of all considerations to keep in mind when using the Quagensia Algo. You are solely responsible for your use of any and all Quagensia Algos supplied by the company.
You accept and acknowledge that some of the history of changes made to a Quagensia Algo are stored in the Quagensia Algo, and the only way to remove this change history from the Quagensia Algo is via a menu item or other button on the user interface of the Software named either “Delete This Algo’s Change History” or named something similar to “Delete This Algo’s Change History”. You accept and acknowledge that you are responsible for clicking said menu item or other button to remove the history of changes stored in any Quagensia Algo that you choose to share with other Users if it is important to you or another party that other Users only see the final state of your Quagensia Algo and that other Users cannot see any of the prior states of the Quagensia Algo, i.e. that other Users cannot see any of the different versions of the Quagensia Algo that were created as you or another party worked on it before you finished the final version.

40. Attribution to Other Sources that Helped Us Create This EULA

This EULA was created in part using Automattic, Inc.’s Terms of Service which is located at https://github.com/Automattic/legalmattic/blob/master/Terms%20of%20Service/WordPress.com/EN-Terms-of-Service.md, Automattic, Inc.’s Crowdsignal Terms and Conditions which is located at https://github.com/Automattic/legalmattic/blob/master/Terms%20of%20Service/Crowdsignal/Crowdsignal%20Terms%20and%20Conditions.md, Basecamp’s Terms of Service which is located at https://github.com/basecamp/policies/blob/master/terms/index.md, GitHub’s Terms of Service which is located at https://github.com/github/site-policy/blob/main/Policies/github-terms/github-terms-of-service.md, GitHub’s Community Code of Conduct which is located at https://github.com/github/site-policy/blob/main/Policies/github-terms/github-community-code-of-conduct.md, GitHub’s Community Guidelines which is located at https://github.com/github/site-policy/blob/main/Policies/github-terms/github-community-guidelines.md, and Creative Commons Corporation’s Terms of Use which is located at https://github.com/cc-archive/policies/blob/main/terms.md as starting points. Both Automattic, Inc. whose website is located at https://automattic.com and Basecamp whose website is located at https://basecamp.com have generously made said Terms of Service and Terms and Conditions freely available for others to copy under the terms of the Creative Commons Attribution-ShareAlike 4.0 International Public License which is located at https://creativecommons.org/licenses/by-sa/4.0/, and GitHub (whose website is located at https://github.com) and Creative Commons Corporation (whose website is located at https://creativecommons.org) have generously made said Terms of Service, Terms of Use, Community Code of Conduct, and Community Guidelines freely available for others to copy under the terms of the CC0 1.0 Universal (CC0 1.0) Public Domain Dedication which is located at https://creativecommons.org/publicdomain/zero/1.0/. Automattic, Inc. also makes many of their other legal documents available free of charge by downloading them from their legalmattic github repository which is located at https://github.com/Automattic/legalmattic. Basecamp also makes many of their other legal documents available free of charge by downloading them from their basecamp policies github repository located at https://github.com/basecamp/policies. GitHub also makes many of their other legal documents available free of charge by downloading them from their github site-policy github repository located at https://github.com/github/site-policy. Creative Commons Corporation also makes many of their other legal documents available free of charge by downloading them from their creativecommons policies github repository located at https://github.com/creativecommons/policies.

Thanks for Sharing!

Ready to get started?

Download the Quagensia no-code strategy builder free trial and build your trading strategies now.

Download Free Trial

Under a dollar a day.

Priced to be an easy decision for most traders.

See Pricing

Join Us on Discord

Build point-&-click strategies for NinjaTrader® and TradeStation® using Quagensia®. Collaborate with other traders to get and give help, build and backtest strategies together, and grow your skills.

Join Discord

Subscribe to our Newsletter

We'll send you product updates and company news from Quagensia as well as curated lists of Quagensia-enhanced content.

Welcome
Content Creators

Quagensia enables content creators to make interactive content. We invite you to create Quagensia-enhanced content and share it on YouTube and other social media channels. You may submit your high-quality Quagensia-enhanced content for consideration for free inclusion on our website.

Create Quagensia-
Enhanced Content

Videos for New Users

Videos for Intermediate Users

Screenshots

For larger and additional screenshots, see large Quagensia N Edition screenshots (for NinjaTrader®) and large Quagensia T Edition screenshots (for TradeStation®).

For additional screenshots, see the list of Strategies Built into Quagensia N Edition (for NinjaTrader®) and Strategies Built into Quagensia T Edition (for TradeStation®). Select a built-in strategy that interests you and scroll down for the screenshot. Then scroll up to the top of the page and click the “Overview” link to watch the video on how to use that built-in strategy.

This is a screenshot of the point-and-click trading strategy you will build in Quagensia N Edition (for NinjaTrader®) if you follow along with the video titled Create NinjaTrader® Strategies Using Point-&-Click with Quagensia N Edition – Full Tutorial.

Click the gear icon that appears when you place your mouse pointer over the location to which you would like to add trading logic. A context menu will appear with filtered options to choose from.

Thanks for Sharing!

Ready to get started?

Download the Quagensia no-code strategy builder free trial and build your trading strategies now.

Download Free Trial

Under a dollar a day.

Priced to be an easy decision for most traders.

See Pricing

Join Us on Discord

Join Discord

Subscribe to our Newsletter

We'll send you product updates and company news from Quagensia as well as curated lists of Quagensia-enhanced content.

Welcome
Content Creators

Create Quagensia-
Enhanced Content

Quagensia Desktop Application End-User License Agreement (EULA)

Thanks for Sharing!

Ready to get started?

Under a dollar a day.

Join Us on Discord

Subscribe to our Newsletter

Welcome
Content Creators

Videos for New Users

Videos for Intermediate Users

Screenshots

Thanks for Sharing!

Ready to get started?

Under a dollar a day.

Join Us on Discord

Subscribe to our Newsletter

Welcome
Content Creators

Quagensia N Edition

Quagensia T Edition

Trading Strategy Portal

Support

Company

Follow Us

Thanks for Sharing!

Quagensia Desktop Application End-User License Agreement (EULA)

Thanks for Sharing!

Ready to get started?

Under a dollar a day.

Join Us on Discord

Subscribe to our Newsletter

WelcomeContent Creators

Videos for New Users

Videos for Intermediate Users

Screenshots

Thanks for Sharing!

Ready to get started?

Under a dollar a day.

Join Us on Discord

Subscribe to our Newsletter

WelcomeContent Creators

Welcome
Content Creators

Welcome
Content Creators