This End-User License Agreement ("Agreement") is a legal contract between you ("User" or "Licensee") and NEVA Labs, a trading name of Danyel Castriotta, Brescia, Italy ("Licensor" or "NEVA Labs"), the sole owner and developer of NEVA PROTECT.
Subject to the terms of this Agreement, NEVA Labs grants you a limited, non-exclusive, non-transferable, revocable license to:
This license does not include the right to sublicense, sell, resell, rent, lease, or otherwise transfer the software or this license to any third party.
You may NOT, under any circumstances:
NEVA PROTECT, including all source code, object code, interfaces, content, documentation, and any modifications or derivative works thereof, is and shall remain the exclusive intellectual property of NEVA Labs.
This Agreement grants you no ownership rights in the software. All rights not expressly granted herein are reserved by NEVA Labs.
NEVA Labs may, at its sole discretion, provide updates, patches, or new versions of the software. Such updates may be provided automatically or may require manual installation. NEVA Labs is under no obligation to provide any updates, enhancements, or technical support.
Continued use of the software after receiving an update constitutes acceptance of the updated terms if applicable.
This license is effective until terminated. NEVA Labs may immediately terminate this Agreement and revoke your license, without prior notice or refund, if:
Upon termination, you must immediately cease all use of the software and destroy all copies in your possession. NEVA Labs reserves the right to pursue all available legal remedies for breach of this Agreement.
NEVA PROTECT is distributed exclusively through Patreon. Any refund requests must be submitted directly through the Patreon platform and are subject to Patreon's refund policies. NEVA Labs does not process refunds independently and assumes no liability for payment disputes handled by Patreon.
NEVA PROTECT IS A RISK MANAGEMENT TOOL AND DOES NOT CONSTITUTE FINANCIAL ADVICE, INVESTMENT ADVICE, OR TRADING RECOMMENDATIONS OF ANY KIND.
You acknowledge that you are solely responsible for evaluating the risks associated with trading and for all trading decisions you make.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEVA LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR TRADING LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SOFTWARE, EVEN IF NEVA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF NEVA LABS TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS THE LIABILITY OF NEVA LABS IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING ARTICLE 1229 OF THE ITALIAN CIVIL CODE).
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
NEVA Labs does not warrant that the software will be compatible with all versions of NinjaTrader 8 or any other third-party platforms, or that it will operate without interruption or error.
This disclaimer does not affect any statutory warranties or rights that cannot be waived under mandatory consumer protection laws applicable in your country of residence.
This Agreement shall be governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles. Mandatory consumer protection laws of your country of residence shall also apply where required by law.
Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Court of Brescia, Italy, except where mandatory laws grant consumers the right to bring or defend proceedings in the courts of their country of residence.
This Agreement constitutes the entire agreement between you and NEVA Labs with respect to NEVA PROTECT and supersedes all prior or contemporaneous understandings, communications, and agreements. If any provision of this Agreement is held to be unenforceable, the remaining provisions shall continue in full force and effect.
The processing of your personal data in connection with the activation and use of NEVA PROTECT (including email address, Patreon user ID, IP address, machine ID, and acceptance records) is governed by the NEVA Labs Privacy Policy.
By accepting this Agreement you acknowledge that you have been informed of such processing in accordance with Regulation (EU) 2016/679 (GDPR).
For any questions regarding this Agreement, contact NEVA Labs at nevalabstrading@gmail.com or via the official Patreon page.
By checking "I have read and accept the EULA" in NEVA PROTECT, you confirm that: