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  1. Dear Sirs,
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  5.  
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  7. You are hereby requested to take into consideration this claim to cease and desist from hosting* http://mql5.tk/* websiteand take expeditious action within 7 daystostop hosting this website violating MetaQuotes Software Corp.s intellectual property rights. MetaQuotes Software Corp. will take all appropriate legal action to protect our rights and will pursue for legal damages and remedies against all parties directly and indirectly involved if the website is not ceased within the period specified. Please be noted that we had filed a claim to on the 7th of June 2018 with the previous ISP of the website and the website was taken down however the website owners are persistent to carry on their illegal and violating activities by switching to new ISPs each time.
  8.  
  9.  
  10. *Claim to cease and desist **http://mql5.tk/ website for projects of circumvention of technological measures hosted by **Leaseweb B.V on IP:* *5.79.66.145*
  11.  
  12. *1. A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. *
  13.  
  14. Mr. Ioannis Chreis
  15. Chief Operating Officer
  16. MetaQuotes Software Corp.
  17.  
  18. *2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.*
  19.  
  20. MetaQuotes Software Corp. is the developer of the online trading platform MetaTrader 4, of the MetaQuotes Language 4 (MQL4) programming language and the exclusive and legal owner of trademark and copyrights to the:
  21.  
  22. - MetaTrader. Trademarks, service marks, registration number ROSPATENT №281939, Application № №2003726044 dated 30.12.2003;
  23. - MetaTrader. United States Patent and Trademark Office. Trademark principal register Reg. № 3,182,784 Registered Dec. 12,
  24. - MetaTrader. WIPO Certificate of registration № 957372 Registered January 31, 2008;
  25. - MQL4. Trademarks, service marks, registration number ROSPATENT №340878, Application № 2006715104 dated 06.06.2006;
  26. - MQL4. WIPO Certificate of registration № 986555 Registered October 7, 2008;
  27. - MetaTrader. Trademarks, service marks, registration ROSPATENT №281939, Application № 2003726044 dated 30.12.2003;
  28. - MQL5. Trademarks, service marks, registration number ROSPATENT №432642, Application Number №2009724189 dated October 1st 2009;
  29. - MQL5. WIPO Certificate of registration N 1023842 Registered November 10th 2009
  30.  
  31. Copyright applies to all software products, materials and documentation developed by MetaQuotes Software Corp..
  32.  
  33. MetaQuotes Software Corp. is the exclusive owner of the following websites: [www.metaquotes.net](http://www.metaquotes.net/), [www.metaquotes.ru](http://www.metaquotes.ru/), [www.mql4.com](http://www.mql4.com/), [www.mql4.ru](http://www.mql4.ru/), [www.metatrader4.com](http://www.metatrader4.com/), [www.mql5.com](http://www.mql5.com/).
  34.  
  35. Bellow EULA disclaimer is signed by every user of MetaTrader 4 Technology. Here are some excerpts from this EULA that indicate prohibitions to be strictly followed. In order to view complete EULA you need to download and execute the MetaTrader 4 Trading platform on this link: [https://files.metaquotes.net/metaquotes.software.corp/mt4/mt4setup.exe](http://files.metaquotes.net/metaquotes.software.corp/mt4/mt4setup.exe)
  36.  
  37. 1.1 (excerpt)
  38.  
  39. - MetaQuotes Language 4 Integrated Development Environment (MQL4 IDE) is a set of programming tools that are used for developing software applications in the MetaQuotes Language 4 (MQL4), which can be used in the trading terminal. The MQL4 IDE consists of the following components:
  40.  
  41. (I) MetaQuotes Language 4 (MQL4): a programming language for developing software applications that can be run in the trading terminal. Text files with extensions MQL and MQ4 created in the source code editor MetaEditor 4 are used for developing the source code of the applications. The software applications that can be run in the trading terminal are files with the EX4 extension, which result from the compilation of the source code in the MQL4 using the MetaQuotes Language Compiler;
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  43. (II) MetaEditor: an editor, in which the software code in the MetaQuotes Language 4 (MQL4) is written and compiled using the MetaQuotes Language Compiler;
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  45. (III) MetaQuotes Language Compiler: the compiler of the source code written in the MetaQuotes Language 4 (MQL4), which is used for creating executable files that, can be run in the trading terminal.
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  47. 2.3 No Modifications: You will not undertake, cause, permit or authorize the modification, translation into other languages, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of the MetaQuotes Software or any part thereof. You will also not create other software based on the MetaQuotes software.
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  50. 2.7.3.2 Without the prior written consent of MetaQuotes, You will not remove or hide, modify, not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking executable code of the MQL4 IDE, take over or otherwise alter the User Interface of MQL4 IDE. At all times, You will comply with the requirements and specifications relating to application design and use and presentation.
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  54. 2.7.3.3 You will not remove or hide, modify, not undertake, cause, permit or authorize decompiling, modification, reverse engineering, disassembling or hacking of software applications developed using the MQL4 IDE that is subject to any third party proprietary rights, unless you have a permission from the owner of such rights.
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  56. 2.12 Lawful purposes: You will use the MetaQuotes Software solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of codes or instructions that are designed to distort, delete, damage or disassemble the MetaQuotes Software or the communication; (c) use the MetaQuotes Software in violation of the laws of your; (d) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.
  57.  
  58. The MQL4 language allows creating complete applications with the EX4 extension, which can be passed, sold and leased. In this case, the following restrictions apply to these files: modification, disassembly and decompilation of EX4 files according to above mentioned EULA (see screenshots above), as well as any MQL4 objects, are strictly prohibited.
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  60. *3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit **Leaseweb B.V** to locate the material.*
  61.  
  62. The website*http://mql5.tk/ *hosted by**Leaseweb B.V* * on IP:***5.79.66.145* * *is in serious violation of copyright infringement of our organization’s intellectual property rights:
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  64. The website is evidently promoting illegal Decompilation services/software of EX4 to MQ4 files as per the below screenshot taken from[ http://mql5.tk/](http://onlinee.co/mq4/). Such decompilation projects/software consist of and are achieved out of the reverse engineering of technological measures for the protection mechanism of the source code of EX4 that is restricted by MetaQuotes Software Corp., thus infringing our Organizations copyrights to the MetaTrader platforms, MQL4 and MQL5 software languages as we have not authorized such decompilations despite the false statement on the website that they are the only MQL5. com approved legal distributor of EX4 to MQ4 decompiler software. Our company objects to any decompilation of the EX4 files and has not approved or authorized any person to carry out such infringing works.
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  69. The MQL4 programming language allows creating complete applications which can be passed, sold and leased. Every such an application has the EX4 file extension and is protected against decompilation using special software protection system. The following restrictions apply to such files: /*modification, disassembly and decompilation of EX4 files according to above mentioned EULA (see screenshots above), as well as any MQL4 objects, are strictly prohibited. */
  70.  
  71. The above mentioned protection system is a standalone application of which the exclusive rights to it belong to MetaQuotes Software Corp. In fact, decompilation of an EX4 application is impossible without simultaneously hacking the MetaQuotes software protection system, as well as decompiling this protection system itself.
  72.  
  73. Creation, distribution and use of any EX4 decompilation software is not authorized by MetaQuotes Software Corp. and in most cases by actual authors of EX4 applications. Thus, use of decompilation software to decompile EX4 applications and to hack MetaQuotes software protection system contains all signs of a criminal offense.
  74.  
  75. *We confirm* that EX4 files are based on:
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  77. - our proprietary protection system based on byte code of MQL4 programming language ([https://docs.mql4.com](http://docs.mql4.com/))
  78. - encryption of all data blocks and special obfuscation methods aimed against hackers
  79. - additional protection against reversing and cracking with VM Protect ([https://vmpsoft.com](http://vmpsoft.com/))
  80.  
  81. MetaQuotes Software Corp. uses Technological protection Measures (TPMs) to implement security measures to protect our intellectual property by preventing unauthorized duplication and/or access to our software. The above website willfully provides services/projects/software that override or bypass our TPMs to gain access to our copyrighted works without authorization. The DMCA and EU legislation provide for the remedy of such circumvention as has been judged in various cases, i.e. US v Reichert No. 13-3479 USCA 28/03/14, Nintendo Company Ltd-Nintendo of Europe GmbH v Console PC Com Ltd- Chairuddin Chan -HCCD 10 C 00541 19/4/11, Sony Computer Entertainment America LLCv SARL Divineo- SELARL de Saint Rapt & Bertholet Carpentrans District Court 348/2010, that the defendants were found liable for circumventing TPM.
  82.  
  83. *4. Information reasonably sufficient to permit *****Leaseweb B.V* ****************************to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.*************************
  84.  
  85. MetaQuotes Software
  86. P.O.Box 53786,
  87. 21 Iridos Street,
  88. MetaQuotes Building, Mesa Yitonia,
  89.  
  90. Limassol 4004, Cyprus
  91.  
  92. Tel: +357 2503 0474
  93. E-mail: copyright@metaquotes.net
  94. Website: [https://www.metaquotes.net](http://www.metaquotes.net/)
  95.  
  96. *5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.*
  97.  
  98. We have a good faith belief that decompilation of executable EX4 files complained of is not authorized by MetaQuotes Software Corp., its agent, or the law. The above mentioned webpages violate the following laws:
  99.  
  100. [Section #1201(b) (1) (A) of the DMCA
  101. ](http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:)
  102.  
  103. (b) ADDITIONAL VIOLATIONS- (1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that-- ` (A) is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of a copyright owner under this title in a work or a portion thereof.
  104.  
  105. *Article 6(1) and (2) of EU Copyright Directive*
  106.  
  107.  
  108. Obligations as to technological measures
  109.  
  110. 1. Member States shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective.
  111. 2. Member States shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which:
  112. (a) are promoted, advertised or marketed for the purpose of circumvention of, or
  113. (b) have only a limited commercially significant purpose or use other than to circumvent, or
  114.  
  115. (c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, any effective technological measures.
  116.  
  117. *Article 7 of EU Directive for the protection of computer programs:*
  118.  
  119. Special measures of protection
  120.  
  121. 1. Without prejudice to the provisions of Articles 4, 5 and 6, Member States shall provide, in accordance with their national legislation, appropriate remedies against a person committing any of the following acts:
  122.  
  123. (a) any act of putting into circulation a copy of a computer program knowing, or having reason to believe, that it is an infringing copy;
  124.  
  125. (b) the possession, for commercial purposes, of a copy of a computer program knowing, or having reason to believe,that it is an infringing copy;
  126.  
  127. (c) any act of putting into circulation, or the possession for commercial purposes of, any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of any technical device which may havebeen applied to protect a computer program.
  128.  
  129.  
  130. *6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.*
  131.  
  132. We confirm that the information in notification is true and accurate, and under penalty of perjury, certify that MetaQuotes Software Corp. is the owner of an exclusive right that is allegedly infringed.
  133.  
  134. We hereby request you to Cease and desist fromhosting the said website that violates our Copyrights according to the Claim.
  135.  
  136. Please provide us with the contact information of the owner(s) of domain in order to enable us to conduct a formal investigation.
  137.  
  138. Signed on this date of:
  139.  
  140.  
  141. June 26th, 2018
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  145.  
  146. Best regards,
  147.  
  148. Copyright Infringement Department
  149. MetaQuotes Software
  150.  
  151.  
  152. > MetaQuotes Software Corp. is a limited liability company. The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged and/or personal information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. For information on how we process data and monitor communications please see our [privacy policy](https://www.metaquotes.net/en/legal/policies).
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