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G1MM APPLICATION End-User License Agreement

This Agreement, and any new versions, between G1 MARKET MAKER LIMITED and You, covers all Your use of G1MM application from any devices where G1MM application has been installed, by You or by third parties.

In order to use the G1MM application and/or the other G1 MARKET MAKER LIMITED Products/Software, You must accept the appropriate PRIVACY POLICY.

You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through G1MM application.

If the law of Your country prohibits You from downloading or using G1MM application because of some restrictions or because the trading software is not allowed in Your country, please don't use it.

1. DEFINITIONS

The following terms and expressions used in this Agreement shall have the following meanings: Company: refers to the company established under the laws of British Virgin Islands, G1 MARKET MAKER LIMITED, with its address at 4th Floor Rodus Building, Road Reef, P.O. Box 765, Road Town, VG1110 Tortola, British Virgin Islands.

Software: any products/software and services which the Company provides to you. G1MM: G1MM mobile application which allows you to simulate trade in the financial markets using virtual account. Application can be used with the following mobile devices:
- iPhone 5 / 5S
- iPhone 6 / 6 Plus / 6S / 6S Plus
- iPhone 7 / 7 Plus The author and the lawful author of this mobile application, all future versions of the application, improvements, developments, programming fixes, updates and upgrades thereof, UI and Documentation is the Company.

Documentation: any online or otherwise enclosed documentation provided by the Company

Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.

Effective Date: the date on which this Agreement is entered into by installing the G1MM.

Content: means any and all content consisting of stock quotes, trading signals, text, sounds, pictures, photos, video and/or any type of information or communications.

You: You, the end user of the G1MM, also used in the form Your where applicable.

User Account: account, that You create for Your use of the G1MM, registered using your Facebook, Goolge or G1MM profile.

Company Staff: the officers, directors, employees and agents of the Company or any other persons hired by the Company.

IP Rights: means patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and applications, extensions and renewals in relation to any such rights.

2. LICENSE AND RESTRICTIONS

License

Subject to the terms of this Agreement, the Company hereby grants You a limited, personal, non-exclusive, simple, non-sublicensable, non-assignable, free of charge license to download, install and use the G1MM on Your mobile device for the sole purpose of organising a simulated trader's workplace and simulation trading in financial markets using the virtual account and solely for the use with the G1MM.

No Granting of Rights to Third Parties

You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the G1MM or any part thereof.

No Modifications

You will not undertake, cause, permit or authorise the modification, translation into other languages, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of the Application or any part thereof You will also not create other software based on the G1MM.

Third Parties

The G1MM may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the G1MM falls under the scope of this Agreement.

Any and all other third party software or technology that may be distributed together with the G1MM will be subject to You explicitly accepting a license agreement with that third party, You acknowledge and agree that You will not enter into a contractual relationship with Company regarding such third party software or technology and you will look solely to the applicable third party and not to Company to enforce any of your rights.

Exclusive Ownership

Any and all IP Rights in the G1MM, Content and the Documentation are and shall remain the exclusive property of Company and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to You.

You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardise, limit or interfere with the Company's IP Rights. Any unauthorised use of the Company's IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.

All title and IP Rights in and to any third party content that is not contained in the G1MM, but may be accessed through use of the G1MM, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

3. Use of the Product

G1MM gives you the opportunity to simulate trading on the stock market using a virtual trading account. All trading positions which open on your virtual account automatically and without your participation. For selecting opening time and position G1MM use special build-in algorithms. You can not manage the position opening or do it yourself.

Open positions may be closed by 2 ways: by You at any time when the market is open or automatically if G1MM built-in algorithm decides to close the position.

All trading operations you do in G1MM are simulated and not processed on a real stock market exchange. Money, which you can see on your account in G1MM are virtual. Any results of your trading in G1MM: profit or loss will be not paid.

The Company can reset your account balance or delete/deactivate your account at any time and without a reason.

Any financial information in G1MM: market quotes, charts, trades, trading signals should be not used anywhere outside the G1MM. Any using this information You make at your own risk and you are fully responsible for subsequent direct or indirect losses.

4. TERM, TERMINATION, UPDATES

Term

This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Company or You as set out below. The Additional Terms/Policies will be effective as of the date upon which they are accepted by You, and will remain effective until terminated by either Company or You as set out below and/or in the applicable terms.

Termination

You may terminate the Term with immediate effect at any time. Without limiting other remedies, Company may limit, suspend, or terminate this license and Your use of Company’s Software, delete Your User Account, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the terms of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

Consequences of Termination

Upon Termination of this Agreement and the Additional Terms:
(a) all licenses and rights to use the Company’s Software shall immediately terminate;
(b) You will immediately cease any and all use of the Company’s Software;
(c) You will immediately remove the Company’s Software from all your devices and destroy all copies of the Company’s Software in Your possession or under Your control.

New Versions

Company reserves the right to change this Agreement at any time by publishing the revised Agreement on the App Store page. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button Your express acceptance by clicking on the Next button or Accept button or link or Your continued use of the Company’s Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

No Warranties

The Company’s Software is provided as is with no warranties whatsoever; company does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the Company’s Software, including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. Company further does not represent or warrant that the Company’s Software will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error free or will operate without packet loss, nor does company warrant any connection to or transmission from the internet.

Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Company’s Software remains with You, to the maximum extent permitted by law

No Liability

The Company’s Software is being provided to You free of charge, accordingly, you acknowledge and agree that company, its licensors and the company staff will have no liability in connection with or arising from your use of the Company’s Software, as set forth below: your only right or remedy with respect to any problems or dissatisfaction with the Company’s Software is to immediately deinstall and stop use of such Company’s Software.

Limitation Of Liability

In no event shall Company, its licensors or the Company Staff be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability for:

- any indirect, incidental, special or consequential damages (including without limitation any loss of or corruption to data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the Company’s Software;

- any loss of income, business or profits (whether direct or indirect) arising out of the use or inability to use the Company’s Software.

Any loss or damage which may be incurred by you as a result of:
(i) any disruptions or delays in any communication when using the Company’s Software;
(ii) the suspension or termination of this Agreement by you or by Company for any reason;
(iii) the release or the decision not to release new versions of the Company’s Software to You.

Nothing in this Agreement is intended to exclude or restrict or shall be construed as excluding or restricting the liability of Company for (i) the death or personal injury caused by the negligence of Company, the Company Staff or its agents, or (ii) any liability which cannot be limited or excluded by law.

Jurisdiction's Limitations

As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.

5. MISCELLANEOUS

Entire Agreement

The terms and conditions of the Agreement constitute the entire agreement between You and the Company with respect to the Company’s Software and G1MM and will supersede and replace all prior understandings and agreements, unless they have been entered into in writing as a separate document, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or the Company arising out of fraud or fraudulent misrepresentation.

Partial Invalidity

If any provision of the Agreement, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Agreement as a whole, the legality, validity or enforceability of the remainder of the Agreement (including the remainder of the terms which contains the relevant provision) shall not be affected.

1 January 2017

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