PLEASE READ THIS AGREEMENT CAREFULLY.

THIS SOFTWARE, SUBSCRIPTION & END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL CONTRACT BETWEEN YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("SUBSCRIBER"), AND BREAKOUTEDGE.COM SUBSCRIBER ACKNOWLEDGES AND AGREES TO BE BOUND BY THE AGREEMENT AND THE TERMS AND CONDITIONS CONTAINED HEREIN INCLUDING BUT NOT LIMITED TO ALL PAYMENT TERMS, POLICIES, PRACTICES, RULES, STANDARDS AND GUIDELINES. SUBSCRIBER AGREES TO BE BOUND BY THIS AGREEMENT WHETHER ACTING ON SUBSCRIBER'S OWN BEHALF OR ON BEHALF OF A THIRD PARTY. SUBSCRIBER FURTHER AGREES THAT ANY AGENTS, REPRESENTATIVES, EMPLOYEES, OR ANY PERSON OR ENTITY ACTING ON SUBSCRIBER'S BEHALF, SHALL BE BOUND BY, AND SHALL ABIDE BY, THIS AGREEMENT.

DEFINITIONS:


UNLESS THE CONTEXT OTHERWISE REQUIRES:
"SOFTWARE" IS DEFINED AS BREAKOUTEDGE FOREX EA INCLUDING:
a) ALL COMPUTER SOFTWARE, HARDWARE, DATA RECEPTION, INFORMATION FEED
b) ASSOCIATED MEDIA, FILES, DOCUMENTATION, MANUALS, DEMONSTRATION MATERIALS, INFORMATION, SIGNALS, MESSAGES, FORECASTS, MANUALS, WORKSHEETS, INSTRUCTIONS, ALERTS, DIRECTIVES AND ANY OTHER INFORMATION CONTAINED RELEVANT TO BREAKOUTEDGE'S USE AND UNDERSTANDING.
"LICENSE" IS DEFINED AS A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE SOFTWARE, GRANTED TO SUBSCRIBER.
"SUBSCRIPTION" IS DEFINED AS SUBSCRIBER'S ARRANGEMENT FOR RECEIVING THE SOFTWARE AND LICENSE THROUGH ONE OF THE APPROVED PAYMENT METHODS.

TERMS AND CONDITIONS

1. NO GUARANTEE OF PERFORMANCE, RESULTS OR ANY OTHER ANTICIPATED RETURN ON INVESTMENT IS OFFERED BY BREAKOUT EDGE AT ANY TIME. CURRENCY TRADING INCLUDES HIGH RISK AND SUBSCRIBER CAN LOSE SOME OR ALL OF SUBSCRIBER'S INVESTMENT CAPITAL.

2. IT IS ESSENTIAL THAT A DEMO SIMULATION ACCOUNT BE FIRST USED EXTENSIVELY BEFORE COMMENCING TRADING ACTIVITY ON A FOREX TRADING ACCOUNT USING REAL FUNDS. SOFTWARE IS STRICTLY FOR USE BY SUBSCRIBERS WITH EXCESS RISK CAPITAL AND WHO ARE FULLY AWARE OF THE INHERENT RISKS INVOLVED IN FOREX TRADING. THE HIGH DEGREE OF VOLATILITY WITHIN THE FOREIGN EXCHANGE MARKET, AND THE ABILITY TO LEVERAGE POSITIONS MEANS THAT LOSSES CAN BE QUICK AND SIGNIFICANT. IT IS THE SUBSCRIBER'S RESPONSIBILITY TO ENSURE THAT SUBSCRIBER FULLY UNDERSTANDS THESE CONDITIONS BEFORE PROCEEDING FURTHER.

3. 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 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.

4. SOFTWARE AND ANY RELATED PRODUCTS ARE ANALYTICAL TOOLS ONLY AND ARE NOT INTENDED TO REPLACE SUBSCRIBER'S RESEARCH OR LICENSED INVESTMENT ADVICE.

5. TESTIMONIALS ARE NON-REPRESENTATIVE OF ALL SUBSCRIBERS; CERTAIN SUBSCRIBERS MAY HAVE WORSE PERFORMANCE THAN THAT INDICATED.

6. BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, SUBSCRIBER AGREES THAT THE AUTHOR AND ANY OTHER ENTITIES ASSOCIATED WITH BREAKOUTEDGE.COM SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL LOSS OR ANY DAMAGES WHATSOEVER ARISING FROM ITS USAGE.

7. BREAKOUTEDGE.COM HEREBY GRANTS TO SUBSCRIBER A LICENSE TO USE THE SOFTWARE FOR SUBSCRIBER'S PERSONAL TRADING ONLY. THIS LICENSE DOES NOT CONVEY TO SUBSCRIBER ANY INTEREST IN OR TO THE SOFTWARE, BUT ONLY A LIMITED RIGHT OF USE REVOCABLE BY THE TERMS OF THIS AGREEMENT. THE SOFTWARE SHALL BE UTILIZED BY SUBSCRIBER ONLY IN ACCORDANCE WITH THIS AGREEMENT.

8. THE SUBSCRIPTION AUTHORIZES INSTALLATION OF THE SOFTWARE FOR SUBSCRIBER'S SOLE, PERSONAL AND PRIVATE TRADING USE ONLY. SOFTWARE AND SUBSCRIPTIONS NECESSARY TO OPERATE SOFTWARE SHALL AT ALL TIMES REMAIN THE PROPERTY OF BREAKOUTEDGE.COM, AND SUBSCRIBER IS ONLY BEING GRANTED A RIGHT TO USE LICENSE FOR THE SOFTWARE, WHICH MAY BE REVOKED BY BREAKOUTEDGE.COM, IF THE SOFTWARE IS USED IN ANY MANNER INCONSISTENT WITH THIS AGREEMENT. SUBSCRIBER REPRESENTS AND WARRANTS THAT SUBSCRIBER WILL NOT PARTICIPATE IN ANY COMMERCIAL VENTURE WHATSOEVER, WHEREIN THE USE AND RELIANCE ON THE SOFTWARE IS IN ANY WAY PART OF SAID COMMERCIAL BUSINESS VENTURE.

9. SUBSCRIBER DOES NOT HAVE THE AUTHORITY TO RESELL OR OTHERWISE TRANSFER THE LICENSE TO ANY THIRD PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF BREAKOUTEDGE.COM, AND ANY SUCH ACTION BECOMES GROUNDS FOR BREAKOUTEDGE.COM TO IMMEDIATELY REVOKE SUBSCRIBER'S SUBSCRIPTION.

10. SUBSCRIBER WILL PREPAY BREAKOUTEDGE.COM PUBLISHED CHARGES FOR SUBSCRIPTION. THE TERM OF THE SUBSCRIPTION SHALL BE THE PERIOD OF TIME FOR WHICH SUBSCRIBER HAS PREPAID THE FEE CHARGED BY BREAKOUTEDGE.COM. ANY SUBSCRIPTION FEE PAID IS NON-REFUNDABLE. NO REFUNDS ARE GRANTED FOR PARTIAL USAGE OF PAID SUBSCRIPTIONS. THE SUBSCRIPTION SHALL IMMEDIATELY TERMINATE IF A REQUIRED PAYMENT IS NOT PAID WHEN DUE.

11. SUBSCRIBER UNDERSTANDS THAT REQUESTS FOR SUBSCRIPTION CANCELLATIONS MUST BE IN WRITING, AND MAY BE SENT BY E-MAIL TO SUPPORT@BREAKOUTEDGE.COM. SUBSCRIBER UNDERSTANDS THAT ORAL TERMINATION WILL NOT BE ACCEPTED AND THAT IF SUBSCRIBER REQUESTS CANCELLATION PRIOR TO THE END OF A PERIOD FOR WHICH SUBSCRIBER HAS ALREADY PAID BREAKOUTEDGE.COM'S SUBSCRIPTION CHARGES FOR THE SOFTWARE AND LICENSE, SUBSCRIBER WILL NOT RECEIVE A REFUND OF SUCH PAYMENT. SUBSCRIBER FURTHER ACKNOWLEDGES THAT REQUESTS FOR CANCELLATION MUST BE COMMUNICATED AT LEAST 5 DAYS PRIOR TO SUBSCRIPTION RENEWAL DATE. NO REFUNDS WILL BE GIVEN IF SUBSCRIPTION HAS ALREADY RENEWED. IF THE REQUEST FOR CANCELLATION IS NOT RECEIVED AT LEAST 5 BUSINESS DAYS BEFORE THE NEXT TERM BEGINS, SUBSCRIBER'S ACCOUNT WILL BE CANCELLED ON THE LAST DAY OF THE FOLLOWING TERM.

12. SUBSCRIBER FURTHER AGREES THAT PAYMENTS FOR SUBSCRIPTIONS ARE NOT DISPUTABLE ON GROUNDS OF TRADING LOSSES. THERE IS ALWAYS A RELATIONSHIP BETWEEN HIGH REWARD AND HIGH RISK. ANY TYPE OF MARKET OR TRADE SPECULATION THAT CAN YIELD AN UNUSUALLY HIGH RETURN ON INVESTMENT IS SUBJECT TO UNUSUALLY HIGH RISK. IN THE EVENT OF ANY FAILURE BY SUBSCRIBER TO MAKE PAYMENT, OR SUBSCRIBER INITIATES A CHARGE-BACK, SUBSCRIBER WILL BE RESPONSIBLE FOR ALL REASONABLE EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED BY BREAKOUTEDGE.COM IN COLLECTING SUCH AMOUNTS PLUS INTEREST AT THE RATE OF 10% PER ANNUM OR THE MAXIMUM AMOUNT PERMITTED BY LAW, WHICHEVER IS GREATER.

13. INFORMATION OBTAINED FROM THE SOFTWARE MAY NOT BE RE-SOLD BY SUBSCRIBER, NOR POSTED OR DISTRIBUTED IN ANY PUBLIC FORUM INCLUDING, BUT NOT LIMITED TO, PRINT, THE INTERNET, ANY FORM OF NEWSLETTER, RADIO OR TELEVISION, OR TO ANY PERSON(S) BY SUBSCRIBER.

14. SUBSCRIBER AGREES THAT SUBSCRIBER WILL NOT COPY NOR LICENSE, SELL, TRANSFER, MAKE AVAILABLE OR OTHERWISE DISTRIBUTE THE SOFTWARE TO ANY ENTITY OR PERSON. SUBSCRIBER SHALL USE SUBSCRIBER'S BEST EFFORTS TO STOP ANY SUCH COPYING OR DISTRIBUTION IMMEDIATELY AFTER SUCH USE BECOMES KNOWN.

15. BREAKOUTEDGE.COM SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION, ERRORS, DEFECTS IN TRANSMISSION, OR FAILURES TO TRANSMIT INFORMATION WHEN SUCH RESULT FROM ACTS OF GOD, INCLUDING WITHOUT LIMITATION TO NATURAL DISASTERS, FLOODS, FIRE, WAR, RIOTS, EARTHQUAKES, HURRICANES, ELECTRONIC EQUIPMENT FAILURES, TELEPHONIC AND INTERCONNECT PROBLEMS, COMMUNICATION PROBLEMS, ACTS OF GOVERNMENT OR OTHER CAUSES BEYOND BREAKOUTEDGE.COM'S CONTROL.

16. ANY COVENANT OR AGREEMENT OR CONDITION OF ANY PART OF THIS AGREEMENT MAY BE AMENDED OR REVISED BY BREAKOUTEDGE.COM AT ANYTIME WITHOUT THE EXPRESS WRITTEN AGREEMENT OF SUBSCRIBER.

18. IF ANY OF THE PROVISIONS OF THIS AGREEMENT ARE DETERMINED TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN THE PORTION SO HELD TO BE UNENFORCEABLE SHALL BE DEEMED EXCLUDED AND THE REMAINDER OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

19. SUBSCRIBER SHALL INDEMNIFY AND HOLD HARMLESS BREAKOUTEDGE.COM, ITS OFFICERS AND ITS INFORMATION PROVIDERS AGAINST ANY CLAIM, DAMAGES, LOSS, LIABILITY OR EXPENSE, INCLUDING ATTORNEY'S FEES, ARISING OUT OF SUBCRIBER'S USE OF THE SOFTWARE IN ANY WAY CONTRARY TO THIS AGREEMENT.

20. THE RIGHTS AND LIMITATIONS IN THIS AGREEMENT ARE FOR THE BENEFIT OF BREAKOUTEDGE.COM, ITS OFFICERS AND ITS INFORMATION PROVIDERS, EACH OF WHICH SHALL HAVE THE RIGHT TO ENFORCE RIGHTS HEREUNDER DIRECTLY.

21. SUBSCRIBER MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE SOFTWARE OR INCORPORATE SOFTWARE INTO ANY OTHER SOFTWARE (INCLUDING ANY SOURCE CODE, OBJECT CODE OR ALGORITHMS), MODIFIED OR DISCLOSED IN ANY FORM BY ANY MEDIA TO ANY OTHER PERSON OR PARTY.

BY PURCHASING A SUBSCRIPTION OR DOWNLOADING SOFTWARE, SUBSCRIBER IS AGREEING THAT SUBSCRIBER IS OBLIGATED TO THIS AGREEMENT AS IF SUBSCRIBER HAD SIGNED WITH PEN AND PAPER.

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