Software Licence Agreement

Version 1.0

This Agreement covers the Zenk software itself. The commercial relationship — including your account, subscription, billing, refunds, liability, governing law, and disputes — is covered by the Terms of Service. Clause 30 explains how the documents fit together.

1. Definitions

In this Agreement:

"XKC Trading FZ-LLC," "we," "us," "our" — the company you are contracting with, registered with RAKEZ in Ras Al Khaimah, United Arab Emirates.
"Zenk" — the brand name the Products are supplied under. Zenk is not the contracting party.
"Products" — Zenk Risk and Zenk Guard.
"Software" — the Products, supplied as Windows plugin components that run inside ATAS, together with any updates supplied under clause 15.
"Subscription" — the paid Zenk subscription governed by the Terms of Service.
"Entitlement" — the product-specific permission carried by your licence for a Product.
"Licence key" — the key issued to activate the Software under clause 5.
"Machine" — the computer your licence is activated on under clause 4.
"Active Paid Access" — the paid access period for the relevant Product has not ended and the relevant Entitlement remains active.

Capitalised terms not defined here have the meanings given in the Terms of Service.

2. Licence grant

During your Active Paid Access, we grant you a limited, non-exclusive licence to install and use the Software in accordance with this Agreement.

This is a subscription licence. It lasts only while you have Active Paid Access. The Software is licensed, not sold, and the licence is not perpetual. No ownership rights in the Software are transferred to you.

3. What the licence covers

Your licence carries a set of Product Entitlements. Zenk Risk requires the Zenk Risk Entitlement, and Zenk Guard requires the Zenk Guard Entitlement. Each Product is evaluated against its own Entitlement.

Every paid Zenk Subscription currently carries both Entitlements, so one Subscription covers both Products.

4. Installing and using the Software

One Subscription covers one person using one active Machine at a time.

The active Machine must be a personal computer. Running the Software on a VPS or virtual machine is not supported. Moving to a different Machine is covered by clause 6.

5. Activating your licence

The Software is activated by entering or pasting your Licence key into Zenk. Activation occurs only as a result of that deliberate action.

There is no password login inside ATAS. Your Licence key is available through your Zenk account. The account itself is governed by the Terms of Service; a Licence key is not a login.

6. Moving to a different computer

You can move your licence to another Machine yourself: reset the activation in your Zenk account on the Zenk website, then activate the new Machine with your Licence key. Once the old activation has been removed, you can activate the new Machine immediately.

This is self-service and does not require a support request. Clause 7 states how many resets are available.

7. Reset allowance

A reset under clause 6 is the way to move your licence, whether or not the old Machine is still available or working. Two resets are available in any 30-day period.

Further resets in that period require Support approval and may be handled through a manual reset.

8. How your computer is identified

Your Machine is identified by a device fingerprint: one hash made from three values Windows keeps on the computer - its Windows machine identifier, and the manufacturer and model names its BIOS reports. The fingerprint never relies on a single value such as a MAC address, disk serial number, IP address or Windows user name.

Your activation is tied to that fingerprint. Clause 7 of the Privacy Policy describes the data involved.

9. Supported environment

The Software is supplied as Windows plugin components that run inside ATAS.

For V1, the supported environment is ATAS on Windows only, and only in the versions of ATAS and of Windows that we list as supported for the relevant Product on the Zenk website. Running ATAS on Windows is not by itself enough: a version we do not list for that Product is outside the supported environment. Nothing in this Agreement commits us to supporting another operating system, another trading platform or another version.

The list shows the date from which each version is supported and, where support later ends, the effective date on which support ends. A support removal applies only from that effective date. We communicate a removal of support by email to the address associated with your Zenk account, at least 30 days before its effective date, unless the removal is caused by a change outside our control, such as a change made by ATAS or Microsoft; in that case we send it as soon as we reasonably can. Historical entries remain available so that support status on an earlier date can be established.

ATAS is third-party software that we do not own or control (clause 26).

10. Ownership

The Software is closed-source commercial software. XKC Trading FZ-LLC retains all rights in the Software, including its source code and intellectual property.

The Software is supplied in compiled form, and release builds are obfuscated. No source code is supplied. Except for the limited licence granted in clause 2, no ownership rights are transferred to you.

11. What you may not do

You may not:

copy the Software, other than keeping your own copy of the files you download under clause 18;
distribute, publish, sell, rent, lend, or otherwise supply the Software to another person;
reverse engineer or decompile the Software;
circumvent, disable, or interfere with the Licence key, activation, or validation mechanisms, or any other technical measure that controls access to the Software; or
sublicense the Software.

This clause applies only as far as applicable law allows. Where mandatory law gives you a right to do something listed above, this clause does not apply to it, and nothing in this Agreement excludes or limits that right.

12. Transferring your licence

Your licence is not transferable to another person. You cannot sell, give away, assign, or otherwise pass your licence to someone else, and there is no process for transferring a licence between people.

Moving your activation between your own Machines is a different subject and is not affected by this clause. It is covered by clause 6.

13. How you may use Zenk

You may use the Software for your own trading activity, including trading through a personal account, a prop-firm account, or a funded account. This Agreement does not restrict use solely because of the type of trading account involved.

You are responsible for checking that your broker, prop firm or funded-account provider permits you to use the Software, and for complying with its rules.

Before you trade with the Products, read and follow the requirements in sections 5A (Zenk Risk) and 9A (Zenk Guard) of the Trading and Software Risk Disclosure. They describe how the Products must be used to reduce the risks those sections explain.

14. Sharing your licence

Your licence is for one trader — you. Sharing the licence may result in your access ending.

15. Updates

While you have Active Paid Access, you are entitled to the updates we release for the Products your licence covers.

That entitlement exists only while your access remains active. When Active Paid Access ends, the entitlement to updates ends with it.

16. Downloading the Software

You download and update the Software through Zenk Updater, our installer and update tool for Windows. You sign in to it with a one-time code from your Zenk account. The Privacy Policy (clause 9A) describes what it records.

Download access is granted per Product and requires Active Paid Access for that Product.

If you cancel, download access continues to the end of the period you have already paid for. The cancellation process and paid-through date are governed by clause 14 of the Terms of Service.

Download access ends when Active Paid Access for that Product ends.

Download access and runtime licence operation are separate systems. Neither is derived from the other. Download access is not determined directly from a payment processor's raw subscription status.

If you resubscribe, access to the current release is restored after the Subscription and Product Entitlements have been provisioned again.

16A. Zenk Updater

Zenk Updater is our Windows tool that installs, updates and maintains the Software on your computer. We supply it free of charge, only for use with the Software, and you may install and use it for that purpose.

Clauses 10 and 11 apply to Zenk Updater as they apply to the Software. If a defect in Zenk Updater prevents you from installing, updating or using the current release of a Product on a Windows computer with ATAS and Windows versions listed as supported for that Product under clause 9, we treat it as a defect under clause 28A. If the Product has not yet been installed, eligibility is based on the Windows and ATAS versions on which you are trying to install it. The 90-day correction commitment in clause 28A and the refund remedy in clause 7D of the Refund Policy then apply to the affected Zenk subscription; there is no separate Updater purchase to refund. Clause 29 applies to our liability for it. Nothing in this clause removes or limits a right the law gives you that cannot be excluded.

17. No perpetual licence or re-download right

This is the part of this Agreement most likely to differ from what you expect, so it is stated plainly. Zenk is a subscription product. It is not a perpetual-licence or perpetual-download product.

When Active Paid Access ends:

you have no continuing right to download or re-download the Software, including versions you downloaded previously;
files already stored on your Machine are not remotely deleted; and
those retained files provide no operational Zenk functionality without valid access.

Keeping a file does not extend the licence or create a right to use it after access ends.

18. Keeping your own copy

Because download access ends with your Subscription, we recommend keeping your own copy of the files you download while access is available.

Keeping a copy does not extend the licence and does not allow a retained file to operate without valid access.

19. Licence validation and offline use

The Software validates your licence with the licensing service in the background every 12 hours.

It also holds a signed offline authorisation valid for 72 hours. Sleep does not extend the signed expiry, but the Software's local expiry timer does not count time while your computer sleeps. If the authorisation expires during sleep, the Software may remain operational after waking until that timer expires or the authorisation is re-evaluated following a successful validation, activation or restart. A new valid authorisation may allow continued operation. While that authorisation remains valid, a temporary network or licensing-service outage does not reduce functionality that would otherwise be available under your licence.

Except for the sleep-related delay described above, after the signed 72-hour authorisation expires without a successful validation, the Software can no longer confirm your access and its operational functionality becomes unavailable until validation succeeds. Clause 25 explains what this state means.

Operational functionality can also become unavailable before the 72 hours are up if your computer's clock cannot be trusted. If the Software finds, when it checks, that the clock has been set back by more than five minutes from the latest time it has recorded, operational functionality is unavailable until the clock is corrected and the Software next checks. If the clock has been set forward past the end of the authorisation, operational functionality can become unavailable from the Software's next start or check. If the clock has been set forward and is later corrected, operational functionality can stay unavailable until a validation succeeds; the Software starts that validation by itself.

Apart from that effect of sleep, there is no unsigned local grace period beyond the signed 72-hour authorisation.

20. When a change in access takes effect

A change in your access, such as a suspension, does not reach your Machine at the moment we record it. When your Machine is online, the change takes effect after the Software obtains a verified answer from the licensing service and publishes the confirmed access state locally to the Product. The licensing service does not push changes to your Machine.

The Software checks your licence on the schedule in clause 19. While your Machine is offline, a change cannot reach it. Clauses 19 and 25 explain what happens when the signed offline authorisation expires.

21. What happens if access ends

Your access ends on period-end expiry, non-payment, a confirmed refund, a confirmed statutory withdrawal, a confirmed chargeback, or a confirmed suspension. Confirmed is meant literally: an alleged, pending, or disputed event is not a confirmed one. Non-payment means your paid period ended and the payment for the next period did not succeed; clause 10A of the Terms of Service explains it.

Access may also end through an authorised and audited exceptional action based on verified fraud, abuse, dangerous misuse, or legal or security grounds. An exceptional action may apply to the entire Subscription or to one Product.

The six causes listed in the first paragraph affect all entitled Products. A product-specific exceptional removal affects only that Product.

When access ends, the affected scope fully disables.

Fully disabled means the affected Zenk product starts nothing new, and its controls are off.

When disabled, Zenk Guard stops enforcing its trading rules and protections.

Zenk Risk has one exception. If a Zenk Risk order or action was already under way when access ended, Zenk Risk may finish only that — and only while Zenk Risk stays started on that chart and ATAS stays open.

An entry order sent before access ended can still fill later, however long that takes. If Zenk Risk is still running on that chart and ATAS stays open, it may attempt to place the stop and target, but successful placement is not guaranteed. If you stop or remove Zenk Risk, or close ATAS, before the order fills, it can fill without a stop or target.

Apart from that, Zenk will not manage, cancel, close, flatten, protect, block, or modify any position or order.

There is no partial mode and no safety behaviour that keeps running. Finishing an action already under way is not protection, and you must not rely on it.

If you have an open position or a working order when access ends, check both in ATAS and manage them with ATAS's native controls.

Clause 22 explains what remains outside Zenk's licence gate.

22. ATAS's own controls are untouched

Zenk does not block, intercept, disable, or degrade ATAS's native order and position controls. They sit outside Zenk's licence gate.

Acting on an open position or working order while the Software is non-operational happens through ATAS's native controls, not through Zenk.

This describes Zenk's own non-interference only. It is not a guarantee that ATAS, your broker, the exchange, or your connection will be available or functioning.

23. Actions already submitted

An action already submitted before the Software becomes non-operational may still be processed by ATAS, your broker, or the exchange, and it may not be possible to recall it.

Except for the Zenk Risk case above, Zenk does not chase, retry, or repair it.

24. Getting access back

A suspension can be reversed.

If valid access returns while ATAS is running, the Software does not silently resume:

Zenk Risk requires deliberate confirmation before its controls return; and
Zenk Guard requires its setup to be reviewed and confirmed again before enforcement returns.

If you resubscribe, access to the current release is restored after backend provisioning. Runtime access then follows the normal Entitlement, Machine activation, validation, and session-confirmation requirements.

25. If the Software cannot confirm your licence

If the Software cannot reach the licensing service, or cannot trust your computer's clock (clause 19), it may be unable to confirm your access. This is not treated as non-payment and does not mean that you failed to pay.

Your download access is not affected by this while your paid Product Entitlement remains active.

Except for the sleep-related delay described in clause 19, once the signed 72-hour authorisation has expired, operational functionality becomes unavailable until validation succeeds; reconnecting to the internet is not enough by itself. If the clock cannot be trusted, clause 19 states what restores it. When your access is confirmed again, clause 24 applies.

26. Third-party software

The Software runs inside ATAS, a third-party product that we do not own or control. Its behaviour, availability, and lifecycle are outside our control.

ATAS's start-up lifecycle has a practical consequence for when Zenk Guard begins enforcing your limits. It is described plainly in section 9 of the Trading and Software Risk Disclosure.

27. Termination of the licence

Access under this licence ends on period-end expiry, non-payment, a confirmed refund, a confirmed statutory withdrawal, a confirmed chargeback, or a confirmed suspension.

Access may also end through an authorised and audited exceptional termination on verified fraud, abuse, dangerous misuse, or legal or security grounds. Its scope is as stated in clause 21.

When access ends for the affected scope:

the affected Product fully disables under clause 21;
download access is removed under clause 16;
there is no continuing right to re-download previous versions under clause 17; and
files already on your Machine are not deleted, but provide no operational Zenk functionality.

What happens to your Subscription, account, and broader commercial relationship is governed by the Terms of Service.

28. Software warranties

To the maximum extent permitted by law, we do not warrant that the Software will operate without interruption or error, that every calculation will be correct, that every limit will be enforced, that every order will execute, or that any loss will be prevented. Clause 25 of the Terms of Service applies to this clause.

Zenk Guard cannot prevent an order from reaching the exchange. Nothing in this Agreement guarantees that a breach will be detected, that a flatten order will be submitted, or that a flatten order will succeed. The detailed trading and software risks are stated in the Trading and Software Risk Disclosure.

The Software does not contact the licensing service as part of submitting an order.

Disclaimers concerning the service as a whole are stated in the Terms of Service.

Clause 28A states what we do when the Software has a defect.

28A. If the Software has a defect

Clause 28 states what we do not promise. This clause states what we do when the Software has a defect.

What this clause covers. For this clause only, "defect" is shorthand for a defect or malfunction in the Software that:

results from an error in how we designed, built or supplied the Software; or
affects the Software after we supplied it;

and that may cause you harm or deprive you, wholly or partly, of benefiting from the Software. Loss of the benefit of a function of a Product that our documentation describes is one way this test can be met. This clause applies when you use the current release (clause 31) in the supported environment (clause 9).

Compatibility with the supported environment. This clause also applies if the current release stops working in the supported environment because ATAS or Windows has changed. That is a compatibility failure, and this clause treats it in the same way as a defect. It does not apply to a version of ATAS or of Windows that clause 9 does not treat as supported.

A version that was supported stays supported for this clause. If the version of ATAS and the version of Windows you were using were both listed as supported (clause 9) on the day a defect first appears, they remain part of the supported environment for that defect, even if we later stop supporting either of them.

What this clause does not cover. A cosmetic or harmless issue that does not meet the test above is handled through Support and our normal updates. A problem that exists only in ATAS itself, in your broker, data feed or exchange, in Windows itself, in your internet connection or in your computer, and does not cause the Software itself to meet the test above, is not a defect in the Software. Nor is anything that results from your own action, including using the Software outside the supported environment or in a way this Agreement does not permit. A trading loss is not by itself a defect.

Our commitment. We will correct or repair a defect covered by this clause by releasing an update within 90 days of the day the defect first appears.

When a defect first appears. A defect first appears on the earliest day on which it is shown to have actually occurred in your use of the Software. If no earlier day is shown, it is the day you report it to Support, or the day we confirm it ourselves if that is earlier. A fault that exists in the Software's code but has not occurred in use has not yet appeared.

To report a defect, email support@zenktrading.com and describe what happened.

If we do not correct it in time. If we have not released an update that corrects the defect within the 90 days, you are entitled to a refund under clause 7D of the Refund Policy. You keep that entitlement if we correct the defect later.

Your other rights. This clause is not your only remedy. It does not define or narrow any term used in a law that applies to you. Nothing in it excludes or limits any right or remedy that cannot legally be excluded or limited. That includes a law that treats a defect or malfunction more broadly than this clause does, that counts time from an earlier day, or that gives you a remedy sooner. Clause 25 of the Terms of Service applies.

29. Limitation of liability

Our liability is limited as stated in the Terms of Service. The limitation, and the rights that cannot legally be limited, are stated in clauses 24 and 25 of the Terms.

This Agreement states no separate liability cap.

30. Relationship to the Terms of Service

The Terms of Service state how the Zenk legal documents fit together and which document governs each subject. See clause 3 of the Terms.

31. Supported versions and end of life

Only the current release is supported.

Older releases may stop being supported. Nothing in this Agreement commits us to supporting an older release, to keeping an older release working with ATAS or with Windows, to maintaining older releases, or to making an older release available to download.

The current release is shown in your Zenk account and on the download page. We do not send an email for every release.

Clause 15 covers your entitlement to the updates we release while your access is active. Clause 17 states that there is no continuing right to download or re-download previous versions.

XKC Trading FZ-LLC FDCW1185, Compass Building, Al Shohada Road, Al Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates support@zenktrading.com · +1 281 800 9865