VantagePoint Intermarket Analysis Software Accuracy Measurements

VantagePoint Intermarket Analysis Trading Software Version 7.1 (VP71) makes five predictions for the markets listed below:

• Predicted Next Day High Price

• Predicted Next Day Low Price

• Predicted Neural Index

• Predicted Medium Term Trend

• Predicted Long Term Trend

Additional predicted technical indicators are computed including:

• Predicted Short Term Trend

• Predicted MACD

• Predicted RSI

• Predicted Stochastic

Three thousand three hundred thirty neural networks were trained using data from 1/12/2007 through 7/12/2007.  Each market was trained using cash or continuous contract data from Commodity Research Bureau.  Each market had 25 intermarkets assigned to it using correlation analysis.  Seven hundred ninety-six inputs were calculated for each neural network using both standard and proprietary technical indicators using data from the primary market and intermarkets. 

The best inputs for each neural network were selected using a multi-pass constructive methodology with dynamic optimization.  Advanced statistical methods and heuristic search algorithms developed over more than 15 years of research and development with VantagePoint were employed.

The Neural Index predicts whether a three day moving average of the typical price will be higher or lower two days in the future.  A neural index of one forecasts the market will trend up while a value of zero forecasts the market will trend down.  Since the Neural Index prediction is either correct or incorrect each day, its performance is measured in terms of percent correct.  The ‘typical price’ is the average of the highprice, low price, and close for the day.

The Neural Index accuracy statistics listed below were computed on out-of-sample price data. The out-of-sample price data for all markets was comprised of contracts for each market with predicted values from 1/12/2007 to 7/12/2007. When the VP71 systems are run on the out-of-sample data, the percent correct for each Neural Index can be tallied. For example, if there are 100 bars of out-of-sample predictions, and the Neural Index predicted value is correct for 85 of the predicted values, then the percent accuracy is 85%.

The Neural Index percent accuracy statistic for each VantagePoint Version 7.1 market is as follows:

79.4% 2 Year U.S. Treasury Notes
82.5% 5 Year U.S. Treasury Notes
86.5% 10 Year U.S. Treasury Notes
81.7% 30 Year U.S. Treasury Bonds
85.7% 3M
77.0% A. Schulman
79.4% ABB
80.2% Abbott
70.6% ACE
81.0% Activision
80.2% Adobe
73.8% AES
83.3% Aflac
80.2% Agco
85.7% Agrium
90.5% AIG
82.5% AirTran Holdings
83.3% AK Steel Holding
79.4% Akamai
78.6% Albemarle
77.8% Alberto-Culver
77.8% Alcoa Inc.
85.7% Allegheny Technologies
75.4% Alliance One International
79.4% Allstate
81.0% Altria Group
81.7% Aluminum Corp. of China
77.8% Amazon.com
87.3% AMD
79.4% Ameren
84.1% America Movil
80.2% American Axle & Manufacturing
82.5% American Electric Power
79.4% American Express
86.5% American States Water
80.2% AmeriCredit
76.2% AmerisourceBergen
84.1% Amgen
77.0% AMR
90.5% Anadarko Petroleum
77.0% Anheuser-Busch Companies
84.1% Aon
81.7% Apache
78.6% Apple
82.5% Applied Biosystems Group
74.6% Applied Materials
81.7% Aqua America
82.5% Arcelor Mittal
82.5% Arch Coal
80.2% Archer-Daniels Midland
77.8% AsiaInfo Holdings
77.8% AstraZeneca
85.7% ASX All Ordinaries
77.8% AT&T
84.1% Australian Dollar
85.7% Australian Dollar / Canadian Dollar
86.5% Australian Dollar / Japanese Yen
80.2% Australian Dollar / New Zealand Dollar
84.1% Australian Dollar / U.S. Dollar
77.0% Automatic Data Processing
80.2% AutoNation
88.9% Avon
79.4% AXA
73.8% Bank of America
82.5% Bank of New York
77.0% Barclays
81.0% Barrick Gold
73.8% BE Aerospace
75.4% BEA
80.2% Beacon Roofing Supply
81.7% Beazer Homes
77.8% Bebe Stores
79.4% Best Buy
81.0% BHP Billiton
78.6% Biogen Idec
78.6% BJ Services
84.1% BNSF Railway
84.1% Boeing
83.3% Boston Properties
81.0% BP
77.0% Briggs & Stratton
76.2% Bristol-Myers Squibb
81.7% British Pound
84.1% British Pound / Canadian Dollar
84.1% British Pound / Japanese Yen
83.3% British Pound / Swiss Franc
84.1% British Pound / U.S. Dollar
78.6% Broadcom
79.4% Brown Shoe Company
81.7% Bunge
83.3% Business Objects
80.2% Cablevision Systems
81.0% CAC-40 Index
80.2% Cadbury Schweppes
81.0% Cadence
74.6% Cameco
82.5% Campbell Soup
81.7% Canadian Dollar
82.5% Canadian Dollar / Japanese Yen
87.3% Canadian National Railway
81.7% Canola
79.4% Capital One
83.3% CapitalSource
77.0% Cardinal Health
80.2% CarMax
77.8% Carolina Group
79.4% Caterpillar
76.2% CDC
79.4% Celgene
82.5% Cemex
84.9% CenterPoint Energy
82.5% Centex
80.2% Century Aluminum
81.0% Cepheid
81.7% CH Robinson Worldwide
79.4% Champion Enterprises
73.8% Charter Communications
74.6% Check Point Software Technologies
81.0% Cheesecake Factory
73.8% Chemtura
85.7% Chesapeake Energy
79.4% Chevron
83.3% Chico's
77.0% China Life Insurance
83.3% China Mobile
80.2% Chubb
76.2% Cintas
81.7% Cisco
76.2% Citigroup
81.7% Clear Channel Communications
84.1% CNH Global NV
78.6% Coach
81.7% Coca-Cola
83.3% Cocoa
81.7% Coeur d'Alene Mines
77.0% Coffee
82.5% Colgate-Palmolive
83.3% Comcast
81.7% Commercial Metals
81.0% Companhia de Saneamento Basico de Sao Paulo
77.8% Companhia Energetica de Minas Gerais
77.8% Companhia Vale do Rio Doce
84.1% Compass Minerals
79.4% ConAgra Foods
79.4% Conexant
78.6% ConocoPhillips
81.7% CONSOL Energy
86.5% Consolidated Edison
75.4% Constellation Brands
76.2% Consumer Discretionary SPDR Fund
84.9% Consumer Staples Select SPDR Fund
85.7% Continental Airlines
79.4% Continuous Commodity Index
84.1% Copper
80.2% Corn
80.2% Corning
84.1% Costco Wholesale
79.4% Cotton
77.8% CPFL Energia
78.6% Crown Holdings
75.4% Crystallex International
83.3% CSX Corporation
78.6% CVS/Caremark
82.5% D.R. Horton
76.2% DaimlerChrysler
81.7% Danaher
82.5% Darden Restaurants
84.9% Dax Index
81.0% Deckers Outdoor
83.3% Dell
82.5% Devon Energy
86.5% Diamonds
84.9% Diana Shipping
77.8% Diebold
81.7% DJ Euro Stoxx 50 Index
84.9% DJ Wilshire REIT ETF
84.9% DJIA
83.3% DJUA
84.1% Dominion Resources
76.2% Dover
83.3% Dow Chemical
80.2% Duke Energy
73.8% DuPont
74.6% Eagle Materials
79.4% EarthLink
84.1% Eastman Chemical
83.3% Eaton
84.1% eBay
84.9% Edison International
81.0% EDS
81.7% Eli Lilly
83.3% EMC
84.1% Emerson
85.7% E-Mini DJIA
84.9% E-Mini Euro FX
80.2% E-Mini Japanese Yen
84.1% E-Mini NASDAQ 100
78.6% E-Mini Russell 2000
79.4% E-Mini S&P 500
77.8% EnCana
74.6% Encore Wire
82.5% Energy Sector SPDR Fund
76.2% Enersis
73.8% Eni SpA
86.5% Ensco International
88.1% Entergy
84.1% Equitable Resources
81.7% Equity Residential
78.6% Estee Lauder
81.7% Euro / Australian Dollar
79.4% Euro / British Pound
78.6% Euro / Canadian Dollar
84.1% Euro / Japanese Yen
80.2% Euro / Swiss Franc
81.0% Euro / U.S. Dollar
85.7% Euro Bund
84.1% Euro FX
70.6% Eurodollar
81.7% Exelon
75.4% Expeditors International
77.0% Exxon Mobil
78.6% EZCORP
78.6% F5 Networks
82.5% Fannie Mae
80.2% Fastenal
79.4% Federal Signal
77.8% Federated Investors
75.4% FedEx
81.0% Feeder Cattle
78.6% Fidelity National Information Services
81.7% Financial Sector SPDR Fund
83.3% First Marblehead
84.1% FirstEnergy
79.4% Force Protection
82.5% Ford Motor
81.0% Fortune Brands
82.5% FPL Group
81.0% Freeport-McMoRan Copper & Gold
84.1% Frontline
79.4% Frozen Pork Bellies
81.0% FTSE 100 Index
77.0% Gamestop
74.6% Gannett
77.8% Gap
81.7% Genentech
75.4% General Dynamics
86.5% General Electric
80.2% General Growth Properties
85.7% General Maritime
73.0% General Mills
84.1% General Motors
81.0% Genworth Financial
80.2% Genzyme
85.7% Georgia Gulf
84.9% Gerdau
80.2% Getty Images
84.1% Gilead Sciences
80.2% GlaxoSmithKline
80.2% Gold
78.6% Goldcorp
81.7% Golden Star Resources
79.4% Golden Telecom
81.7% Goldman Sachs
79.4% Goodrich
80.2% Google
81.0% H&R Block
80.2% Halliburton
86.5% Hang Seng Index
78.6% Harley-Davidson
84.1% Harris
74.6% Hartford Financial
83.3% Hasbro
74.6% Hayes Lemmerz International
83.3% Headwaters
82.5% Health Care Select Sector SPDR Fund
78.6% Heating Oil
75.4% Hecla Mining
81.7% Hercules
79.4% Hershey
84.9% Hexcel
79.4% HJ Heinz
79.4% Home Depot
80.2% Home Solutions of America
77.8% Honda Motor
83.3% Honeywell International
82.5% Hornbeck Offshore Services
79.4% Hot Topic
81.7% Hovnanian Enterprises
77.0% HP
84.9% HRPT Properties Trust
81.0% Humana
77.8% Huntsman
83.3% IBM
85.7% ICICI Bank
81.7% Iconix Brand Group
77.0% IKON Office Solutions
82.5% ImClone Systems
83.3% Industrial Select Sector SPDR Fund
80.2% Ingersoll-Rand
83.3% Ingram Micro
79.4% Intel
78.6% International Paper
81.7% Internet HOLDRs
78.6% Interpublic Group
75.4% Intuit
78.6% IPE Brent Crude Oil
77.8% IPE Gas Oil
80.2% iShares Cohen & Steers Realty Majors Index Fund
75.4% iShares COMEX Gold Trust
84.1% iShares DJ US Real Estate Index Fund
81.0% iShares Dow Jones Select Dividend Fund
83.3% iShares Dow Jones Transportation Average Fund
85.7% iShares Dow Jones US Consumer Goods Sector Index Fund
79.4% iShares FTSE/Xinhua China 25 Index Fund
70.6% iShares Lehman 1-3 Year Treasury Bond Fund
77.8% iShares Lehman Aggregate Bond Fund
80.2% iShares MSCI Australia Index Fund
80.2% iShares MSCI Austria Index Fund
81.7% iShares MSCI Brazil Index Fund
75.4% iShares MSCI EAFE Index Fund
82.5% iShares MSCI Emerg Mkts Index Fund
77.0% iShares MSCI EMU Index Fund
81.0% iShares MSCI Germany Index Fund
79.4% iShares MSCI Hong Kong Index Fund
79.4% iShares MSCI Japan Index Fund
87.3% iShares MSCI Malaysia Fund
78.6% iShares MSCI Mexico Index Fund
82.5% iShares MSCI South Korea Index Fund
78.6% iShares MSCI Switzerland Index Fund
83.3% iShares MSCI Taiwan Index Fund
77.0% iShares MSCI United Kingdom Index Fund
81.7% iShares NASDAQ Biotechnology Index Fund
81.7% iShares Russell 1000 Growth Index Fund
81.0% iShares Russell 1000 Value Index Fund
78.6% iShares Russell 2000 Index Fund
77.8% iShares Russell 2000 Value Index Fund
84.1% iShares S&P 100 Index Fund
78.6% iShares S&P 500 Value Index Fund
82.5% iShares S&P Europe 350 Index Fund
77.8% iShares S&P Global Energy Sector Index Fund
83.3% iShares S&P Latin America 40 Index Fund
81.0% iShares S&P SmallCap 600 Index Fund
80.2% iShares TR LEH 20+ Year Treasury Bond Fund
78.6% ITT
85.7% J.B. Hunt Transport Services
80.2% J.C. Penney
80.2% Jabil
81.0% Japanese Yen
78.6% JDSU
81.7% JetBlue Airways
81.7% John Deere
86.5% Johnson & Johnson
81.7% Johnson Controls
84.1% Jones Apparel Group
77.8% Joy Global
78.6% JPMorgan Chase
80.2% Kansas City Southern
80.2% Kansas City Wheat
74.6% Kellogg
71.4% Kimberly-Clark
83.3% Kimco Realty
81.0% Knight Transportation
77.8% Korea Electric Power
79.4% Kraft Foods
81.7% Kroger
82.5% Landec
81.7% Landstar System
85.7% Lean Hogs
76.2% Lear
84.1% Lehman Brothers
82.5% Lennar
77.8% Leucadia National
74.6% Level 3 Communications
77.0% Lexmark
82.5% Limited Brands
79.4% Lincoln National
83.3% Live Cattle
82.5% Liz Claiborne
84.1% Lockheed Martin
79.4% Loews
77.8% Louisiana-Pacific
78.6% Lowe's
73.0% LSI
78.6% Lumber
74.6% Lumera
77.0% Lyondell Chemical
77.8% Magna International
85.7% Manitowoc
82.5% Marathon Oil
84.9% Martin Marietta Materials
84.1% Marvel Entertainment
84.1% Marvell
75.4% Massey Energy
75.4% Materials Select Sector SPDR Fund
81.0% Mattel
73.8% McAfee
81.0% McDonald's
79.4% McGraw-Hill
85.7% McKesson
80.2% MeadWestvaco
77.8% Medco
81.7% Merck
82.5% Merrill Lynch
76.2% Methanex
83.3% MetLife
81.0% Mexican Peso
81.7% Micron Technology
81.7% Microsoft
82.5% Midcap SPDR Trust
82.5% Millennium Pharmaceuticals
82.5% Mini Corn
83.3% Mini Gold
81.7% Mini Silver
82.5% Mini Soybeans
79.4% Mini Wheat
79.4% MITSUBISHI UFJ
81.7% MMC
80.2% Mobile Telesystems OJSC
80.2% Molson Coors Brewing
76.2% Monsanto
78.6% Morgan Stanley
83.3% Mosaic
75.4% Motorola
79.4% Nabors Industries
83.3% Nalco Holding
79.4% NASDAQ 100 Index
83.3% NASDAQ Composite Index
83.3% Nationwide
81.7% Natural Gas
80.2% Network Appliance
71.4% New York Times Company
82.5% New Zealand Dollar / U.S. Dollar
79.4% Newmont Mining
79.4% News Corp.
81.0% Nike
72.2% Nikkei 225 Index
77.0% NiSource
82.5% Nissan Motor
74.6% Nokia
84.1% Norfolk Southern Corporation
74.6% Nortel Networks
81.0% Northrop Grumman
83.3% Novartis
77.0% Novell
78.6% Nuance
84.1% Nucor
76.2% NutriSystem
87.3% NVIDIA
81.0% NY Light Crude Oil
77.0% NYMEX miNY Light Crude Oil
77.0% NYMEX miNY Natural Gas
82.5% NYSE Composite Index
84.9% Oats
77.8% Occidental Petroleum
84.9% Oil Services HOLDRs
73.0% Olin
77.8% ON Semiconductor
75.4% Oracle
77.0% Orange Juice
84.9% Orbital Sciences
75.4% Origin Agritech
79.4% Overseas Shipholding
78.6% Owens-Illinois
70.6% Pactiv
73.8% Palladium
82.5% Pan American Silver
80.2% Patterson-UTI Energy
81.0% Peabody Energy
75.4% PepsiCo
73.8% Petrobras Energia
78.6% Petro-Canada
77.8% PetroChina
80.2% Petroleo Brasileiro
81.7% Pfizer
87.3% Pharmaceutical HOLDRs
79.4% Pitney Bowes
81.7% Plains All American Pipeline
80.2% Platinum
82.5% PMC-Sierra
83.3% PNC
79.4% POOLCORP
86.5% PotashCorp
86.5% PowerShares Dyn Building & Construction Portfolio
79.4% PowerShares GLDN Dragon Halter USX China Portfolio
84.1% PowerShares QQQ
81.0% PowerShares WilderHill Clean Energy Index Portfolio
75.4% PPG Industries
78.6% PPL
81.0% Praxair
82.5% Precision Castparts
82.5% Priceline.com
79.4% Procter & Gamble
82.5% Progressive
80.2% Provident Energy
81.0% Prudential Financial
81.0% Public Service Enterprise Group
76.2% Pulte Homes
74.6% QUALCOMM
77.0% Quanta Services
84.1% Quiksilver
74.6% Rackable Systems
79.4% RadioShack
83.3% Rayonier
78.6% Raytheon
81.0% RBOB Gasoline
85.7% Red Hat
82.5% Rediff.com India
77.0% Regional Bank HOLDRs
84.1% Reliance Steel & Aluminum
83.3% REPSOL
80.2% Research In Motion
83.3% Retail HOLDRs
75.4% Revlon
81.0% Reynolds America
76.2% RFMD
77.8% Rite Aid
79.4% Rockwell Collins
79.4% Rohm & Haas
78.6% Rough Rice
84.1% Royal Bank of Canada
81.7% RR Donnelley & Sons
77.0% Russell 2000 Index
77.8% Ryanair Holdings
84.1% S&P 100 Index
84.1% S&P 500 Index
73.8% Safeway
77.8% SanDisk
78.6% Santander
84.1% Sara Lee
82.5% Schering-Plough
74.6% Schlumberger
78.6% Scottish Re Group
77.0% Sealed Air
81.7% Sears Holding
75.4% Semiconductor HOLDR
82.5% Sempra Energy
81.0% Service Corporation International
85.7% Share Price Index 200
79.4% Sherwin-Williams
83.3% Siemens
77.0% SIGA Technologies
83.3% Sigma Designs
78.6% Silver
82.5% Silver Standard Resources
84.1% Silver Wheaton
77.8% Simon Property Group
83.3% Singapore Straits Times Index
83.3% Sirius Satellite Radio
80.2% Skechers U.S.A.
79.4% SLM
78.6% Smurfit-Stone
82.5% Southern Company
85.7% Southern Copper
81.0% Southwest Airlines
80.2% Southwest Water
84.9% Soybean Meal
79.4% Soybean Oil
83.3% Soybeans
80.2% Spartan Motors
80.2% Spartech
81.0% SPDRs
75.4% Spectrum Brands
74.6% Spectrum Pharmaceuticals
81.0% Sprint Nextel
81.7% Starbucks
82.5% Statoil ASA
77.8% Steel Dynamics
79.4% Streettracks Gold Trust
79.4% Sugar #11
83.3% Sunoco
83.3% SunOpta
76.2% SUPERVALU
73.8% Swiss Franc
82.5% Swiss Franc / Japanese Yen
80.2% Symantec
81.7% Sysco
79.4% Taiwan Semiconductor Manufacturing
81.0% Target
73.8% TASER
80.2% Tata Motors
80.2% Technology Select Sector SPDR Fund
79.4% Teledyne Technologies
81.7% Televisa
76.2% Tellabs
81.0% Temple-Inland
75.4% Tenaris
82.5% Terex
84.9% Terra Industries
81.7% Teva Pharmaceutical Industries
84.1% Texas Instruments
82.5% Textron
81.0% The Andersons
76.2% The Travelers
81.0% Thermo Electron
78.6% Tibco Software
78.6% Time Warner
80.2% TiVo
81.0% TJX Companies
71.4% Tomkins
77.0% TOTAL
82.5% Toyota Motor
77.0% Trane
77.8% Transocean
71.4% Tribune Company
77.8% Tyco
82.5% Tyson Foods
81.0% U.S. Dollar / Canadian Dollar
83.3% U.S. Dollar / Japanese Yen
73.0% U.S. Dollar / Swiss Franc
72.2% U.S. Dollar Index
82.5% U.S. Steel
85.7% UBS AG
82.5% Union Pacific
76.2% United Healthcare Group
83.3% United Parcel Service
83.3% United Technologies
77.8% Unum Group
77.0% Urban Outfitters
86.5% USEC
77.8% USG
77.0% UST
72.2% UTi Worldwide
89.7% Utilities HOLDRs
83.3% Utilities Select Sector SPDR Fund
81.7% UTStarcom
81.7% Valero Energy
78.6% ValueClick
88.1% Vanguard Emerging Markets ETF
78.6% Vanguard Materials ETF
82.5% Vanguard REIT ETF
79.4% Verizon
82.5% Vertex Pharmaceuticals
79.4% Visteon
73.0% Vodafone
88.9% Vornado Realty Trust
82.5% Votorantim Celulose
76.2% Vulcan Materials
76.2% W.R. Berkley
77.0% Wachovia
77.8% Walgreen
83.3% Wal-Mart Stores
78.6% Walt Disney
80.2% Weatherford International
90.5% WellPoint
76.2% Wells Fargo
77.8% Werner Enterprises
75.4% West Pharmaceutical Services
78.6% Weyerhaeuser
83.3% Wheat
79.4% Whole Foods Market
81.0% William Wrigley Jr.
73.0% Williams Companies
85.7% Willis
75.4% Wolverine World Wide
77.0% Wyeth
83.3% Xerox
86.5% XM Satellite Radio
77.0% Yahoo!
81.7% Yamana Gold
78.6% YRC Worldwide
76.2% Yum! Brands
79.4% Zoltek Companies

The average percent accuracy for the Neural Index was 80.40%, with a low of 70.6% for ACE, Eurodollar, iShares Lehman 1-3 Year Treasury Bond Fund, and Pactiv to a high of 90.5% for the AIG, Anadarko Petroleum and WellPoint markets.

VANTAGEPOINT IS A TOOL AND NOT A TRADING SYSTEM THAT GIVES SPECIFIC BUY AND SELL TRADING SIGNALS OR RECOMMENDATIONS. INSTEAD, IT IS A TECHNICAL ANALYSIS TOOL THAT PROVIDES ITS USERS WITH A PROPRIETARY METHOD OF ANALYZING THE MARKETS. ALL ACCURACY STATISTICS MENTIONED ABOVE RELATE TO THE NEURAL INDEX. A STATISTICAL ACCURACY OF 80% DOES NOT TRANSLATE TO A PRESUMPTION THAT 8 OUT OF 10 TRADES WILL BE “WINNING” TRADES. 

THE NEURAL INDEX PREDICTS WHETHER THE AVERAGE OF TOMORROW'S TYPICAL PRICE AND THE TYPICAL PRICE OF THE DAY AFTER TOMORROW (BOTH UNKNOWNS AT THIS TIME) WILL BE HIGHER OR LOWER THAN THE AVERAGE OF YESTERDAY'S TYPICAL PRICE AND THE TYPICAL PRICE OF THE DAY BEFORE YESTERDAY. THIS GIVES THE EXPECTED TREND DIRECTION FOR EACH MARKET OVER THE NEXT TWO DAYS.

WITH THIS INFORMATION ON THE NEURAL INDEX VALUE PLUS OTHER INFORMATION GENERATED BY VANTAGEPOINT (AS WELL AS ALL OTHER INFORMATION AVAILABLE TO EACH VANTAGEPOINT USER) IT IS EACH USER’S RESPONSIBILITY TO DETERMINE HIS OR HER OWN SPECIFIC ENTRIES, EXITS AND STOP PLACEMENTS, WHICH MAY VARY FROM THOSE OF OTHER TRADERS DUE TO INDIVIDUAL DIFFERENCES IN TRADING STYLE, FINANCIAL MARKET EXPERIENCE, TRADING EXPERTISE, FINANCIAL AND ECONOMIC OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, ACCOUNT SIZE AND NUMBER OF CONTRACTS TRADED, THEREBY PRODUCING DIFFERENT TRADING RESULTS FROM ONE TRADER TO ANOTHER. 

MARKET TECHNOLOGIES, LLC STAFF ARE IN DAILY CONTACT WITH TRADERS, WHO EITHER REQUEST INFORMATION ABOUT MARKET TECHNOLOGIES, LLC, INTERMARKET ANALYSIS AND VANTAGEPOINT, OR WHO EXPRESS AN INTEREST IN INTERMARKET ANALYSIS OR VANTAGEPOINT WHEN CONTACTED BY MARKET TECHNOLOGIES, LLC STAFF. TELEPHONE CALLS AND CONVERSATIONS WITH MARKET TECHNOLOGIES' STAFF MAY BE MONITORED OR RECORDED FOR TRAINING AND QUALITY ASSURANCE PURPOSES. MARKET TECHNOLOGIES, LLC MAY GIVE PRODUCT CREDITS/REBATES OR PAY FEES, INCLUDING REFERRAL FEES, UNDER CERTAIN CIRCUMSTANCES, TO CUSTOMERS OR OTHERS, INCLUDING DATA VENDORS; COMPETITORS; AUTHORS/WRITERS OF REVIEWS AND/OR PROMOTIONAL OR TECHNICAL ARTICLES MENTIONING, HIGHLIGHTING OR PROMOTING THE SERVICES AND PRODUCTS OFFERED BY MARKET TECHNOLOGIES, LLC; OTHERS WHO ASSIST IT WITH PROSPECTIVE CUSTOMERS BECOMING CUSTOMERS; AND OTHERS WHO PROVIDE MARKET TECHNOLOGIES, LLC WITH "LEADS" OR NAMES OF PERSONS OR TRADERS WHO SUBSEQUENTLY BECOME CUSTOMERS OF MARKET TECHNOLOGIES, LLC. TRADINGEDUCATION.COM, LLC IS AFFILIATED THROUGH COMMON OWNERSHIP WITH MARKET TECHNOLOGIES, LLC. ALL DETERMINATIONS BY MARKET TECHNOLOGIES, LLC CONCERNING PRODUCT CREDITS/REBATES OR FEES PAID BY MARKET TECHNOLOGIES, LLC ARE FINAL AND WITHIN ITS SOLE DISCRETION. MARKET TECHNOLOGIES, LLC MAY RECEIVE PRODUCT CREDITS/REBATES OR FEES, INCLUDING REFERRAL FEES, UNDER CERTAIN CIRCUMSTANCES, FROM OTHERS, INCLUDING DATA VENDORS, COMPETITORS, AND OTHER ENTITIES WITHIN THE FINANCIAL INDUSTRY OR NOT, WHO PROMOTE PRODUCTS AND SERVICES WHICH MAY BE OF INTEREST AND BENEFIT TO MARKET TECHNOLOGIES LLC’S CUSTOMERS AND IN WHICH MARKET TECHNOLOGIES, LLC PROVIDES ITS CUSTOMERS WITH PROMOTIONAL INFORMATION AND DETAILS ON THE PRODUCTS AND SERVICES OF OTHERS FOR WHICH MARKET TECHNOLOGIES, LLC MAY RECEIVE SUCH PRODUCT CREDITS/REBATES OR FEES. ALL DETERMINATIONS BY MARKET TECHNOLOGIES, LLC CONCERNING FEES TO BE RECEIVED BY MARKET TECHNOLOGIES, LLC ARE FINAL AND WITHIN ITS SOLE DISCRETION. CUSTOMER TESTIMONIALS IN THE VANTAGEPOINT VIDEO ARE EXPRESSIONS OF EACH CUSTOMER'S PERSONAL EXPERIENCE AND BELIEF. NO COMPENSATION HAS BEEN PAID BY MARKET TECHNOLOGIES, LLC TO THESE CUSTOMERS FOR THEIR TESTIMONIALS IN THE VIDEO, EXCEPT FOR REASONABLE TRAVEL EXPENSES NECESSARY FOR THEM TO PARTICIPATE IN THE PRODUCTION OF THE VIDEO. MARKET TECHNOLOGIES, LLC HAS NO AFFILIATION WITH ANY BROKERAGE FIRMS AND DOES NOT GET INVOLVED WITH TRADING, TRADE RECOMMENDATIONS OR ACCOUNT ADMINISTRATION SINCE WE ARE NOT LICENSED, REGISTERED BROKERS. YOU MUST MAKE YOUR OWN TRADING DECISIONS AND WORK OUT YOUR OWN SPECIFIC TRADING GUIDELINES WITH YOUR BROKER.

MARKET TECHNOLOGIES, LLC RESPECTS THE PRIVACY OF ITS VISITORS AND CUSTOMERS. MARKET TECHNOLOGIES, LLC USES FEEDBACK FORMS AS A VEHICLE FOR RECEIVING FEEDBACK FROM OUR VISITORS TO OUR WEB SITE AS WELL AS PROVIDING APPROPRIATE FOLLOW-UP. THIS INFORMATION IS RECEIVED BY THE WEB MASTER AND REVIEWED BY THE APPROPRIATE MANAGER FOR RESPONSE. MARKET TECHNOLOGIES, LLC DOES NOT SELL, LEASE OR SHARE ANY INFORMATION OR DATA THAT IT OBTAINS THROUGH ITS WEBSITE WITH UNAFFILIATED THIRD PARTIES. ALL INFORMATION IS SOLELY INTENDED FOR USE BY MARKET TECHNOLOGIES, LLC AND ITS AFFILIATES. FOR QUALITY ASSURANCE PURPOSES, CALLS WITH MARKET TECHNOLOGIES, LLC MAY BE MONITORED OR RECORDED. 

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS. MARKET TECHNOLOGIES, LLC HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. BECAUSE THERE ARE NOT ACTUAL TRADING RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, CUSTOMERS SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS. FUTURES AND OPTIONS TRADING INVOLVES RISK, IS NOT FOR EVERY TRADER, AND ONLY RISK CAPITAL SHOULD BE USED.

THERE IS A HIGH DEGREE OF RISK INVOLVED IN TRADING AND PARTICIPATING IN THE FINANCIAL MARKETS AND THAT THIS RISK IS PRESENT EVEN WITH THE USE OF A TOOL LIKE VANTAGEPOINT WHICH DOES NOT ELIMINATE THE RISK, OR GUARANTEE PROFITS OR THE AVOIDANCE OF LOSSES. WHILE THIS RISK CAN BE MANAGED AND EVEN REDUCED, IT CAN NEVER BE ELIMINATED. GIVEN THIS RISK, IT IS NOT PRUDENT OR ADVISABLE TO MAKE TRADING DECISIONS THAT ARE BEYOND YOUR FINANCIAL MEANS OR INVOLVE TRADING CAPITAL THAT YOU ARE NOT WILLING AND CAPABLE OF LOSING.

VANTAGEPOINT’S FORECASTS DO NOT CONSTITUTE TRADING ADVICE OR AN ENDORSEMENT OR RECOMMENDATION BY MARKET TECHNOLOGIES OF ANY TRADING METHODS, PROGRAMS, SYSTEMS OR ROUTINES. MARKET TECHNOLOGIES’ PERSONNEL ARE NOT LICENSED BROKERS OR ADVISORS AND DO NOT OFFER TRADING ADVICE.

COPYRIGHT INFRINGEMENT CLAIM NOTICE PROCEDURE - Copyright and Intellectual Property Policy

We respect the intellectual property of others, and we ask our users to do the same. We assume no responsibility for content on other web sites that you may find or access when using our products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not our Terms of Service, govern your use of that material.

It is our  policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of our company and/or others.

Notice for Claims of Copyright and Other Intellectual Property Violations and Agent for Notice

Pursuant to Title 17, U.S. Code § 512(c)(2), notifications of claimed copyright infringement, or notification of other intellectual property rights violation, should be sent ONLY to the Designated Agent below.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THIS CONTACT.

Written notification of claimed copyright infringement must be submitted to the following Designated Agent via the following routes:

            Mail:

            Smith & Hopen, PA

            180 Pine Avenue North

            Oldsmar, FL 34677

            Fax:  813-925-8525

            Email: staff@smithhopen.com  

Under Title 17, § 51 2(c)(3)(A) of the United States Code, the Notification of Claimed Infringement must include the following:

1.  An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

2.  An identification of the copyrighted work, or works, that you believe to have been infringed upon. The identification must provide sufficient detail to specify the work. For example, an identification for a web page might state, “The copyrighted work at issue is the text that appears on http://www.originalexpression.com/original_page.html.” Where the work is another form of publication, the identifying information could include the name, edition, ISBN number and pages of a book from which an excerpt was copied, the music album or single, etc. as appropriate.

3.  A clear description of where the infringing material is located on our web site(s), including, as applicable, its URL, so that we can locate the material.

4.  Information reasonably sufficient to permit us to contact you. An email address is preferred. Alternatively, you might provide your mailing address and/or telephone number.

5.  The following statement: “I have a good-faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”

6.  The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner.”

VantagePoint License Agreement

This is a legal agreement (the “Agreement”) between you (either an individual or an entity) (“Licensee”) and Market Technologies, LLC, a Florida limited liability company (“Market Technologies”).  Carefully read this Agreement before installing the VantagePoint Intermarket Analysis Software (the “Software”) on your computer.  There is also a hard-copy of this Agreement in the back of the Software User’s Guide. By clicking the “I Agree” button, Licensee indicates its understanding and acceptance of the terms of this Agreement and is entering into a binding legal contract. 

This Agreement governs and relates to your license (“License”) and use of certain parts of the Software, including all component market categories (collectively referred to as the “VantagePoint Package”), the VantagePoint Intermarket Analysis Software User’s Guide, and related materials (such parts collectively referred to in this Agreement as the “Licensed Package”).  The components of Licensed Package are listed on Exhibit A to this Agreement. This Agreement will remain in effect until it is terminated in accordance with Section 14 below.   

If Licensee does not accept the terms of this Agreement for any reason, then Licensee must contact Market Technologies to obtain a Return Merchandise Authorization number (“RMA”) within three (3) calendar days from the date of initial receipt by Licensee of Licensed Package, must display the RMA number prominently on the outside of the Licensed Package, and must return all materials comprising Licensed Package to Market Technologies postmarked by Licensee within five (5) calendar days from the date of initial receipt by Licensee of Licensed Package for a partial refund, excluding Market Technologies’ initial shipping and handling charges. IT IS UNDERSTOOD THAT THE DATE OF INITIAL RECEIPT BY LICENSEE IS THE DATE THAT LICENSED PACKAGE WAS DELIVERED TO THE ADDRESS PROVIDED TO MARKET TECHNOLOGIES BY LICENSEE AND SIGNED FOR BY AN ADULT AT THAT ADDRESS.

Licensee acknowledges that competing products and services are readily available and that Licensee is free to return the Licensed Package within the timeframe and under the restrictions provided in this Agreement.  Therefore, Licensee waives any right to assert that this Agreement is an unconscionable, improper or illegal contract of adhesion.

1.         Non-exclusive License.   Subject to the terms and conditions of this Agreement, in exchange for the fees paid to Market Technologies by Licensee, Market Technologies hereby grants to Licensee a non-exclusive, non-assignable and non-transferable limited license to use Licensed Package according to the terms and restrictions set forth in this Agreement and subject to the payment by Licensee to Market Technologies of the necessary fees as specified by Market Technologies. 

2.         Use of Product.   

a.         Licensed Package contains all component market categories of the Software.  The specific component market categories for which Licensee has paid the appropriate fees for use is herein referred to as “Licensee’s Portfolio”.  As a courtesy to Licensee, all component market categories (including those component market categories included in Licensee’s Portfolio as well as those not included in Licensee’s Portfolio) will function for twenty-one (21) days from the date of installation of the Software by Licensee on Licensee’s computer or until Licensee’s Portfolio Security Code (herein referred to as “Code”) is entered by Licensee into the Licensee’s computer, whichever occurs first.  Licensee understands that this Agreement applies to all component market categories (both those included in Licensee’s Portfolio and those not included in Licensee’s Portfolio) and that Licensee must contact Market Technologies to obtain the Code in order to enable Licensee’s Portfolio component market categories to function in the Software past such twenty-one (21) day period.  If Licensee does not obtain and enter the Code into Licensee’s computer within such twenty-one (21) day period, all component market categories (including the component market categories comprising Licensee’s Portfolio) in the Software will be disabled and will not function.  However, Licensee’s Portfolio component market categories can be enabled by Licensee at any time by contacting Market Technologies for the Code at the prevailing price set by Market Technologies.

b.         If Licensee thereafter desires to add new component market categories to Licensee’s Portfolio, upon payment of prescribed fees to Market Technologies as Market Technologies may specify, Licensee shall obtain a new Code from Market Technologies similarly enabling the new component market categories to be included in Licensee’s Portfolio.

3.         Restrictions on Use.       Licensee shall not copy, reprint, reproduce, duplicate or modify any part of Licensed Package (electronically or otherwise) or assist any other party in doing so either during or after the term of this Agreement.  Licensee agrees, during the term of this Agreement, not to create or attempt to create, by reverse engineering, reverse assembling, reverse compiling, decompiling or otherwise, source programs or materials that simulate or perform similar functions to those in Licensed Package or information made available to Licensee under this Agreement.  Licensee further agrees not to create derivative works based upon Licensed Package, or any part or component market category thereof, or allow or authorize others to do so.  Licensee shall not rent, lease, or lend Licensed Package, provide commercial hosting services with Licensed Package or use Licensed Package in any form or by any means to provide trading advice or information to any third party for a fee, or post or distribute information based upon or derived from the output of the Licensed Package in any public or private forum including, but not limited to, print, the Internet, online chat, instant message, any form of newsletter (whether electronic or otherwise), radio or television, for any purpose,  including any commercial venture or purpose, in which the Licensee seeks to receive a fee for service. Licensee represents and warrants that Licensee will not participate in any commercial or business venture whatsoever, wherein the use of and reliance on Licensed Package is in any way a part of said commercial business venture. Notwithstanding all of the above, Licensee may make one copy of any software programs contained in Licensed Package for purposes of backup only and may only transfer such copy to one of Licensee’s hard disks.  Any such copy made must include the appropriate copyright notice as contained on the copy in Licensed Package originally provided to Licensee.

4.         Restrictions on Disclosure.         Licensee shall not, at any time, lease, license, transfer, publish, disseminate, or disclose Licensed Package or any part or component market category thereof or any output derived from the use of Licensed Package, in whole or in part, in any form or by any means (including, but not limited to, any form of newsletter whether electronic or printed, public trading forum or website) to any third party for financial gain, except to execute trades in Licensee’s own brokerage account.  Licensee shall not use Licensed Package or any part or component market thereof on more than one computer at any time whether on a network or otherwise.  If Licensee is registered with the SEC, NASD, NFA and/or CFTC in any capacity, or Licensee intends to use Licensed Package in the furtherance of Licensee’s business enterprise or for any commercial business venture, Licensee shall not use Licensed Package without prior written permission from the President of Market Technologies and prior payment of the fee proscribed by Market Technologies for such use.

5.         Liability for Unauthorized Use or Disclosure. Licensee acknowledges that any unauthorized use or disclosure of Licensed Package will diminish the value of Market Technologies and its products and will cause irreparable and continuing damage to Market Technologies for which an adequate legal remedy will not exist. Accordingly, Licensee stipulates that, if it breaches any of its covenants in this Agreement, Market Technologies will be entitled to an entry of a court order granting specific performance or injunctive relief, without requirement of a bond or proof of monetary damage or an inadequate remedy at law, in addition to all other remedies available at law or equity.

6.         Title.     Licensee acknowledges that all title to and ownership rights in Licensed Package and any part or component market category thereof, including, without limitation, all derivative works, customizations, enhancements, modifications, improvements, derivations or other changes thereto (herein collectively referred to as the “Licensed Package & All Derivations”), all Updates (as defined below), and all underlying patent, copyright, trade secret, trademark and other intellectual property rights, are owned and/or exclusively licensed by Market Technologies.  Licensee shall not acquire any rights in Licensed Package & All Derivations of such Licensed Package, or any part or component market category thereof, or in any Update by virtue of this Agreement.  Market Technologies shall retain all title to and rights in physical materials included in Licensed Package and licensed under this Agreement.

7.         Disclaimer of Warranties.            MARKET TECHNOLOGIES’ SOLE AND EXCLUSIVE WARRANTY IS THAT THE CD-ROM DISK FURNISHED TO LICENSEE IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF INITIAL RECEIPT BY LICENSEE.  If, under normal use, the CD-ROM disk(s) has such a defect within the first ninety (90) days from the date of initial receipt, Licensee is entitled to replacement of the defective disk(s) in accordance with Section 8 of this Agreement.  LICENSEE ACKNOWLEDGES THAT MARKET TECHNOLOGIES MAKES NO REPRESENTATIONS CONCERNING THE SUITABILITY OF LICENSED PACKAGE FOR USE BY LICENSEE, AND THAT LICENSEE SHOULD DETERMINE FOR HIMSELF OR ITSELF WHETHER, AND TO WHAT EXTENT, THE USE OF LICENSED PACKAGE IS SUITABLE FOR LICENSEE. LICENSEE FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT MARKET TECHNOLOGIES MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE, EITHER EXPRESS OR IMPLIED, OF ANY NATURE WITH RESPECT TO LICENSED PACKAGE, OR ANY PART THEREOF; OR TO THE USE THEREOF OR AS TO THE RESULTS OR OUTPUT OF THE USE OF LICENSED PACKAGE; OR AS TO ANY CONDITION, QUALITY, PERFORMANCE, CORRECTNESS, ACCURACY, PROFITABILITY, PREDICTIVENESS, TIMELINESS, OR RELIABILITY THEREOF; OR AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF LICENSED PACKAGE WITH RESPECT TO ANY PROPOSED USE BY LICENSEE. MARKET TECHNOLOGIES DOES NOT REPRESENT OR WARRANT THAT THE MARKETS COMPRISING THE COMPONENT MARKET CATEGORIES WILL BEHAVE AS INDICATED BY THE OUTPUT DERIVED FROM THE USE BY LICENSEE OF LICENSED PACKAGE.  MARKET TECHNOLOGIES MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE WITH RESPECT TO ANY PROFITS FROM TRADING ON THE BASIS OF, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF.   Licensee acknowledges that Market Technologies is not a market data provider, that Licensee will need to obtain and download daily end-of-day data compatible to the Software from an independent, third-party data provider at Licensee’s expense, and that Market Technologies and the Software do not have mechanisms for and do not endeavor to detect errors, omissions, or other problems with the data provided by Licensee’s data provider, and that it is the data provider’s, not Market Technologies’, duty to notify Licensee of any such errors, omissions, or other problems with the data provided.  Accordingly, Market Technologies shall not be responsible for any errors, omissions or other problems  in the data used by Licensee in conjunction with Licensed Package or any disruptions in the provision or transmission of such data by the Licensee’s data provider to the Licensee’s computer, which could cause the Licensed Package to generate incorrect, incomplete, or intermittent information that, if relied upon by Licensee, could result in misinformed trading decisions and potentially substantial losses.

8.         Damages.         Market Technologies' entire and maximum liability shall be for replacement of any defective disk.  NEITHER MARKET TECHNOLOGIES NOR ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OR DIRECTORS SHALL BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THE USE OR PERFORMANCE OF LICENSED PACKAGE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, LOST PROFITS, DIMINUTION IN VALUE, PROPERTY DAMAGE, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY TYPE OF DAMAGE, INJURY OR LOSS, HOWEVER CAUSED, OR UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, OR OTHERWISE AND REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THIS EXCLUSION SHALL APPLY DESPITE ANY DEFECT IN THE SOFTWARE, DOCUMENTATION OR OTHER MATERIALS CONTAINED IN LICENSED PACKAGE OR IN ANY PRODUCT OR SERVICE FURNISHED TO LICENSEE BY MARKET TECHNOLOGIES IN CONNECTION THEREWITH, AND THIS EXCLUSION SHALL LIKEWISE APPLY EVEN IF MARKET TECHNOLOGIES HAS BEEN ADVISED OF THE EXISTENCE OR A POSSIBILITY OF ANY DEFECT, OR SUCH DAMAGES OR CLAIM.  LICENSEE ACKNOWLEDGES THAT LICENSEE BEARS ALL RISK FROM ANY USE BY LICENSEE OF THE LICENSED PACKAGE AND THAT MARKET TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUSTAINED BY LICENSEE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO LICENSEE’S COMPUTER, SOFTWARE, MODEM, TELEPHONE, OR OTHER PROPERTY RESULTING FROM LICENSEE’S USE OF LICENSED PACKAGE.

9.         Fees for Updates and Customer Support. Market Technologies agrees to provide Licensee with reasonable telephone customer support (herein referred to as "Initial Support") for a period of twelve (12) months from the date of initial receipt of Licensed Package by Licensee. Market Technologies agrees, but is not obligated, to advise Licensee of any modifications, neural network retrainings, enhancements and updates to Licensed Package including the availability of new component market categories (herein referred to collectively as “Updates”) as they are released by Market Technologies provided that Licensee has kept Market Technologies current with updated contact information including email address, mailing address, and daytime telephone number. Upon payment of prescribed fees to Market Technologies, as Market Technologies may specify from time to time for such Updates, Licensee will be entitled to receive and use such Updates in accordance with this Agreement.  If Licensee chooses not to pay for such Updates as they become available, Licensee will still be entitled to continue to use previous versions of Licensed Package that Licensee had paid for. However, it is understood that such previous versions will no longer undergo any further modifications, neural network retrainings, improvements or enhancements by Market Technologies.  Upon receipt of any Updates, if requested by Market Technologies to do so, Licensee agrees immediately to return to Market Technologies all previous versions of Licensed Package then in his or its possession.  Paid customer support (“Paid Customer Support”) is available upon the expiration of the Initial Support period during the product lifecycle of Licensed Package.  

10.        Speculative Nature.        Licensee acknowledges and understands the speculative nature of the commodities futures and financial markets and recognizes the high degree of risk involved in participating in such markets, with or without the use of Licensed Package.  Licensee acknowledges and understands that Licensed Package provides information regarding possible future market movements based upon historical analysis of past market movements, that Licensed Package does not provide specific trade recommendations including buy and sell signals, that the markets comprising the component market categories may not behave as indicated by the output derived from the use by Licensee of Licensed Package and that Licensee bears the sole risk for all orders for trades placed by Licensee as a result of considering such output. Licensee also acknowledges that the Software and documentation furnished by Market Technologies in Licensed Package are an analytic tool only and are not intended to replace Licensee’s individual research or receipt of professional investment advice, and that Licensed Package does not constitute the provision of trading advice or an endorsement or recommendation by Market Technologies of any trading methods, programs, systems, or routines, based on, or tailored to, any positions or other circumstances or characteristics of Licensee or anyone else, or otherwise. Licensee further acknowledges that individual performance in the financial markets depends upon individual skills and experience at performing technical analysis, knowledge of and familiarity with the markets, effectiveness of individual decision making and decisiveness, and time availability to devote to analyzing and trading the markets. IT IS EXPRESSLY UNDERSTOOD THAT NEITHER THIS LICENSE AGREEMENT, NOR ANY STATEMENT, REPRESENTATION, OR ASSERTION WITHIN THIS LICENSE AGREEMENT OR ANY PROMOTIONAL MATERIALS LICENSEE HAS REVIEWED OR ANY OTHER ORAL OR WRITTEN STATEMENT OR REPRESENTATION MADE BY MARKET TECHNOLOGIES OR ITS AGENTS OR REPRESENTATIVES MAKES OR CONSTITUTES ANY GUARANTEE OF, OR REPRESENTATION RELATING TO, PERFORMANCE OF LICENSED PACKAGE  INCLUDING THAT OF ITS PREDICTIVE ACCURACY AT FORECASTING MARKET PRICES OR TRENDS AND THAT MARKET TECHNOLOGIES ALSO MAKES NO GUARANATEE OF PERFORMANCE EITHER IN THIS AGREEMENT OR OTHERWISE.  IT IS ALSO UNDERSTOOD THAT THE SOFTWARE IS AN ANALYTIC TOOL AND NOT A TRADING SYSTEM AND THAT MARKET TECHNOLOGIES MAKES NO REPRESENTATIONS OR GUARANTEES THAT LICENSEE WILL MAKE PROFITS AND/OR NOT SUFFER ANY LOSSES FROM TRADING BASED ON, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF.   LICENSEE ASSUMES FULL RESPONSIBILITY TO MAKE HIS OR ITS OWN TRADING DECISIONS INVOLVING ENTRIES, EXITS, AND STOP PLACEMENTS, BASED UPON HIS OR ITS OWN ASSESSMENT OF HIS OR ITS TRADING STYLE, OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, EXPERTISE AND EXPERIENCE AS A TRADER ALL OF WHICH CAN INFLUENCE LICENSEE’S TRADING RESULTS SUCH THAT HIS OR ITS  PERFORMANCE RESULTS MAY BE BETTER OR WORSE THAN THAT OF OTHER TRADERS INCLUDING THOSE WHO MAY ALSO BE USING LICENSED PACKAGE AT THE SAME TIME. UNDER NO CIRCUMSTANCES IS MARKET TECHNOLOGIES RESPONSIBLE FOR LICENSEE’S TRADING RESULTS OR PERFORMANCE BASED UPON THE TRADING DECISIONS THAT LICENSEE MAKES.  FURTHERMORE, IT IS UNDERSTOOD THAT HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW.  LICENSEE AGREES THAT NO REPRESENTATION IS BEING MADE OR HAS BEEN MADE THAT ANY ACCOUNT OR TRADE WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN LICENSED PACKAGE OR IN ANY OF MARKET TECHNOLOGIES’ PROMOTIONAL MATERIALS.  IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.  ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT.  IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING.  FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS.  THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS, IN GENERAL, OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM, WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS, AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.  MARKET TECHNOLOGIES HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS.  SINCE THERE ARE NO ACTUAL TRADING RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, LICENSEE SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS.

11.        Hold Harmless; Indemnification; Release; Covenant Not to Sue.     Licensee acknowledges it is fully aware of the hazards and risks, including financial risks, associated with trading in commodity and financial futures, Forex, ETF and equities and the use of Licensed Package.  In part consideration of the license granted herein, Licensee agrees to release, indemnify and hold harmless Market Technologies, its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers and agents (collectively, the “Releasees”), and waives with respect to each Releasee, and covenants not to sue any Releasee for, any and all liabilities, claims, demands, actions, causes of action, damages, losses and expenses (including, but not limited to, attorneys’ fees and costs) of any nature whatsoever (collectively, the “Liabilities”) arising out of or in connection with Licensee’s use of Licensed Package or trading decisions and payment of any fees associated with the License, Updates or Paid Customer Support. Such hold harmless, release, discharge, waiver and covenant not to sue shall include but not be limited to any Liabilities caused, in whole or in part, by the negligence (of any type) of any Releasee in connection with Licensed Package or the promotion or marketing thereof.  However, such Liabilities shall not include Market Technologies’ obligation, under Section 8 above, to replace a defective CD-ROM Disk. 

12.        Intended Use.    It is agreed by the parties that commodity and financial futures, Forex, ETF and equities traders in the furtherance of their investment pursuits are the intended users of Licensed Package.  Licensed Package is not designed for educational use or uses outside the commodity and financial futures, Forex, ETF and equities fields.  Licensee hereby represents to Market Technologies that Licensee is aware of the risks associated with the commodity and financial  futures,  Forex, ETF and equities fields and any program of trading therein.

EXPORT RESTRICTIONS.  Licensee acknowledges that Licensed Package is subject to U.S. export jurisdiction.  Licensee agrees to comply with all applicable international and national laws that apply to Licensed Package, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments and shall pay all tariffs, duties and fees where applicable.

13.        Governing Law, Jurisdiction, and Venue.  This Agreement shall be governed, interpreted and construed in accordance with the decisional laws of the State of Florida.  This choice of law provision is intended to operate to the exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement being resolved by the decisional laws of any other state or country and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods.  Licensee and Market Technologies each agree to submit to the jurisdiction of the courts of the State of Florida in connection with any dispute or litigation arising out of this Agreement, and they further agree that the exclusive venue for bringing and maintaining any action to enforce any aspect of this Agreement shall be in Hillsborough County, Florida or federal court for the Middle District of Florida, Tampa Division.  If awarded, the total of all damages due to Licensee shall be in accordance with Section 8 above. The parties hereby agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution.

14.        Term.    This Agreement shall remain in effect until terminated by one or more of the following occurrences:

a.            Breach by Licensee of any term or condition of this Agreement; provided that, except as set forth below, Market Technologies shall give Licensee written notice of such termination at the last known business address of Licensee.  If Licensee fails to cure such breach within ten (10) days after such notice, Licensee shall immediately cease all use of Licensed Package and immediately return Licensed Package and all versions, parts and component market categories thereof and all Updates in its possession, including any materials and documentation related thereto to Market Technologies without prejudice to any other rights Market Technologies may have.

b.            Without notice, upon breach by Licensee of any of the conditions set forth in Sections 3 or 4 above.

Upon termination due to any occurrence enumerated in Subsections 14(a) or 14(b) above, Licensee shall immediately return to Market Technologies all parts and component market categories of Licensed Package & All Derivations and all Updates in its possession, including all copies, documentation, and materials, without refund or credit and without prejudice to any other rights Market Technologies may have.

15.        Refund.  Licensed Package may be returned at Licensee’s expense for a partial refund (excluding a $500.00 refund fee and Market Technologies’ initial shipping and handling charges) provided that Licensee meets each of the following conditions: (a) Licensed Package is fully returned (as specified herein) and postmarked by Licensee within fifteen (15) calendar days from the date of initial receipt by Licensee; (b) if the Software has been installed on Licensee’s computer and registered with Market Technologies, then Licensee must contact Market Technologies to obtain a software deactivation code, Licensee must disable the Software from Licensee’s computer, and Market Technologies must confirm that the Software has been disabled from Licensee’s computer; and (c) the Licensee must execute and return a License Termination and Release Agreement (“the Termination Agreement”), and Market Technologies must receive the Termination Agreement executed by Licensee.  Market Technologies will only issue the refund amount after all of the foregoing conditions have been met.  If any of the foregoing conditions has not been met, Licensee shall not be entitled to any refund, notwithstanding Licensee’s completion of one or more of the foregoing conditions.  The Termination Agreement will be sent to Licensee after Licensee requests a refund pursuant to this Section.  A return must include all versions, parts and component market categories of Licensed Package & All Derivations and all Updates then within the care, custody or control of Licensee, including the documentation, User Manual, and related materials, including any promotional offers that were made available to Licensee.  Subsequent licensing of additional Updates, components, or add-ons of any kind by Licensee does not extend the fifteen (15) calendar day window for return eligibility for any previous product or version licensed by Licensee. It is incumbent on Licensee to call Market Technologies at (813) 973-3875, Monday through Friday, 9:00 AM to 5:00 PM Eastern Standard Time to obtain the deactivation code over the telephone.  It is strongly encouraged for Licensee to use a traceable, overnight carrier to ensure compliance with this provision, as there will be no exceptions should this time frame not be met.     

IF LICENSEE RETAINS LICENSED PACKAGE BEYOND THIS FIFTEEN (15) CALENDAR DAY PERIOD, IT IS UNDERSTOOD THAT LICENSEE WILL NOT BE ENTITLED TO A REFUND OF THE FEE FOR THE ENTIRE LICENSED PACKAGE OR ANY COMPONENT MARKETS THEREOF FOR ANY REASON REGARDLESS OF THE CIRCUMSTANCES.

16.        Successors.      It is agreed that the benefits and the burdens of this Agreement shall inure to the benefit of and be binding upon Market Technologies, its successors and assigns, and Licensee, his or its successors, heirs, and personal representatives.

17.        Attorney’s Fees.  In the event Market Technologies should be required to take legal action to enforce any of the provisions of this Agreement, Market Technologies may recover its reasonable Attorney’s fees (up to and including any appellate proceedings) and costs from the Licensee whether or not litigation results.  This Section shall be construed as an agreement, independent of any other provision in this Agreement, and the existence of any claim or cause of action on the part of Licensee against Market Technologies, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Market Technologies of the provisions of this Section.

18.        Construction.     Section headings and pronouns are included solely for convenient reference and shall not control the meaning or the interpretation of any of the provisions of this Agreement.

19.        Entire Agreement. The parties agree that this Agreement is the entire License Agreement between them governing the use of Licensed Package by the Licensee and supersedes any proposal or prior agreement, oral or written, or any other communications between them relating to the subject matter hereof. 

20.        Modifications.  The parties agree that this Agreement cannot be changed by any oral statements, but only by an agreement in writing signed by both of the parties.

21.        Updated and/or Subsequent Versions of Licensed Package.  The parties agree that this Agreement shall govern and control all obligations of Licensee with respect to the current version of the Licensed Package licensed to the Licensee and that any updated and subsequent versions of Licensed Package including new component market categories either added to the Licensee’s Portfolio or otherwise provided to the Licensee by Market Technologies shall be governed by the version of the License Agreement accepted by the Licensee when installing such updated and subsequent versions of the Licensed Package; provided, however, that, this version of the License Agreement shall control if the installation and/or use of such updated and subsequent versions of the Licensed Package are not supported by consideration.

22.        No Fraud or Reliance on Market Technologies Representations.  Licensee further acknowledges and agrees that Licensee entered into this Agreement based solely upon the terms contained within this Agreement and without relying upon any oral or written inducements, statements or representations by Market Technologies or its agents or representatives that are not set forth in this Agreement. 

23.        Additional Acknowledgements.  LICENSEE FURTHER ACKNOWLEDGES THAT LICENSEE HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF LICENSEE’S CHOICE BEFORE ENTERING THIS AGREEMENT AND/OR CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, UNDERSTANDS LICENSEE’S RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT THE INSTALLATION BY LICENSEE OF THE SOFTWARE ON THE LICENSEE’S COMPUTER IS AN ACCEPTANCE BY THE LICENSEE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

24.        Severability.  If any provision of this Agreement is held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement will, nevertheless, remain in full force and effect in that jurisdiction.

EXHIBIT “A”

LICENSED PACKAGE

VantagePoint Intermarket Analysis Software (includes all component market categories) comprised of 1 CD-ROM Disk enclosed in a CD Package: VantagePoint Intermarket Analysis Software.
VantagePoint Intermarket Analysis Software User’s Guide.
Book - Forex Trading using Intermarket Analysis by Louis B. Mendelsohn
Book - Trend Forecasting with Technical Analysis by Louis B. Mendelsohn