Permitted Number of Computers: 1

End User License Agreement

NOTICE TO USER: THIS IS A CONTRACT AND BY USING ADVANCED TRADING RESEARCH SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE - DO NOT USE OUR SOFTWARE.

This Advanced Trading Research End User License Agreement (the "Agreement") accompanies the TradeBullet software ("Software") and related explanatory written materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, and copies of the Software licensed to you by Advanced Trading Research. Advanced Trading Research grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:

  1. Use of the Software.

    You may

    1. Install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated in the upper right hand corner ("Permitted Number of Computers") of this Agreement.
    2. The license is per machine, per user. This means the same user can run multiple instances of the Software on the same machine (Pro version and up) as long as the trading accounts all belong to him. In the case of a financial advisor, CTA, stock broker or any professional running the Software on behalf of clients, the professional must have one license per client.
    3. Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software concurrently, but the Software will be used on 25 different computers at various times, the Permitted Number of Computers for which you need a license is 25.
    4. Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
  2. Accessibility. User agrees that from time to time, the Software may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment (hardware) malfunctions, (ii) software malfunctions, (iii) periodic maintenance procedures or repairs which ATR may undertake from time to time, or (iv) causes beyond the reasonable control of ATR or which causes are not reasonably foreseeable by ATR. ATR is not responsible, directly or indirectly, for the performance of Brokersí trading APIs, equipment or otherwise, or the user&&ís Internet Service Provider (&ďISP&Ē).
  3. Copyright. The Software is owned by Advanced Trading Research, and its structure, organization and artistic designs are the valuable trade secrets of Advanced Trading Research. The Software is also protected by Canadian Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software.
  4. Transfer. You may not rent, lease, sublicense or lend the Software or Documentation.. The software will expire at the end of the license period.
  5. Term. The term of this agreement shall begin upon Userís commencement of the Software and shall automatically renew on quarterly basis. Termination by the user or ATR prior to automatic renewal of term must be supplied in written form at least 30 days prior to the expiration of the current term and must comply with the termination procedures as described on ATRís web site.
  6. Lifetime Licenses. If the user purchases a lifetime license to use the Software/Service, user agrees that without limitation certain features of the software may not be available or supported in perpetuity. User also agrees that ATR shall have the right to change features associated with the Software/Service at ATRís sole discretion, and that ATR may choose to discontinue support of Software/Service at any time. User shall not be entitled to a refund of the lifetime license fee under any circumstances. Lifetime licenses are for non-concurrent use, they are non-transferable, and can only be used by the individual that purchased the license. Lifetime licenses cannot be sold or bartered in the future and if such actions are taken the license can be terminated at ATR's sole discretion. The lifetime license fee does not include the cost of broker transaction fees if applicable.
  7. Limited Warranty. Advanced Trading Research warrants to you that the Software will perform substantially in accordance with the Documentation for a thirthy (30) day period following your receipt of the Software. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Advanced Trading Research's option, the replacement of the Software or the refund of the license fee you paid for the Software. If you terminate you terminate the subscription and re-subscribe at a later date, you will not be eligible for this warranty.

    ADVANCED TRADING RESEARCH DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.

  8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADVANCED TRADING RESEARCH OR FRANCIS GINGRAS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A ADVANCED TRADING RESEARCH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHOR OF THIS SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

    WE DO NOT RECOMMEND USING THE SOFTWARE FOR AUTOMATED TRADING WITHOUT HUMAN SUPERVISION. YOU AGREE THAT ADVANCED TRADING RESEARCH AND FRANCIS GINGRAS WILL NOT BE RESPONSIBLE FOR ANY LOSS DUE TO A BUG OR MALFUNCTION IN THE SOFTWARE.

  9. Governing Law and General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorised officer of Advanced Trading Research.