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Monday, September 06, 2010

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DesertSoft's WCCI Autotrader Strategy for NinjaTrader

Please fill out the following registration and subscription information below. Your subscription will be active for the subscription period you select. We will not automatically renew your subscription at expiration.

Note: This subscription includes a license to use the WCCI Pattern Recognition Indicator for the entire subscription period. You do not need to purchase a seperate license for it.

* All updates during the subscription period are included.

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Subscription Plan:

1 Month Subscription ($99/Month)
3 Month Subscription ($267/Quarter - Save 10%)
12 Month Subscription ($950/Year - Save 20%)

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License Agreement:

SOFTWARE LICENSE AGREEMENT

BEFORE USING THE SOFTWARE, YOU MUST READ AND ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS 
SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”).  BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, 
USING OR INSTALLING ANY PART OF THE SOFTWARE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL 
OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE ABLE TO USE 
THE SOFTWARE.

License Terms And Conditions

Definitions:  As used in this Agreement, the following terms will have the following meanings:

“DesertSoft” is defined as DesertSoft Development Inc., an Arizona corporation.

“Site” is defined as the DesertSoft website, www.desertsoft.com.

“Software” is defined as the DesertSoft computer program with which this Software License 
Agreement (“Agreement”) is included and any updates or maintenance releases thereto.

“Trial Software” is defined as a version of the Software that is limited to an evaluation for a 
specified period of time as determined by DesertSoft.

1. License Grant And Restrictions.  DesertSoft grants you (“you” and “your” means an individual or 
single entity) the following rights provided that you comply with all of the terms and conditions of 
this Agreement.

(i) Single User License.  Subject to the terms and conditions of this Agreement, you are granted a 
limited non-exclusive license to use a copy of the Software on one (1) computer (the “Designated 
Computer”) used by a single household. You may make one (1) backup copy of the Software for 
your own use but such copy may only be used on the Designated Computer.

(ii) Trial Versions.  Subject to the terms and conditions of this Agreement, you are granted a 
limited non-exclusive license to use a copy of the enclosed Trial Software for the permitted 
amount of time stated in the Trial Software (the “Trial Period”).  Thereafter, you may purchase 
the right to use the full version of the Software which license terms are specified herein.  By your 
use of the trial software, you understand and agree that after the trial period, you may not be 
able to continue to access and/or use the trial software or any data you have entered into such 
trial software unless you purchase the right to use the full version of the software (if available).

2. Reservation Of Rights And Ownership.  The Software is licensed not sold, and DesertSoft 
reserves all rights not expressly granted to you in this Agreement.  The Software is protected by 
copyright, trade secret and other intellectual property laws.  DesertSoft will retain all worldwide 
right, title and interest (including, without limitation, all patent rights, copyrights, trade secret 
rights, trademarks, service marks, related goodwill, any other intellectual property rights 
recognized in any country or jurisdiction in the world, and confidential and proprietary 
information) in and to the Software, any modifications thereto and any derivative works thereof.  
This Agreement does not grant you any rights to trademarks or service marks of DesertSoft.

3.  Restrictions.  You will not (and will not allow any third party to):

(i)  decompile, disassemble, or otherwise reverse engineer the Software or attempt to 
reconstruct or discover any source code, underlying ideas, algorithms, file formats or 
programming interfaces of the Software by any means whatsoever;

(ii) distribute, sell, sublicense, rent, lease or use the Software (or any portion thereof) for time 
sharing, hosting, service provider or other computer services to third parties or otherwise make 
the functionality of the Software available to third parties;

(iii) remove or in any manner alter any product identification, proprietary, trademark, copyright or 
other notices contained in the Software;

(iv) modify any part of the Software, create a derivative work of any part of the Software, or 
incorporate the Software into or with other software, except to the extent expressly authorized 
in writing by DesertSoft;

(v) publicly disseminate performance information or analysis (including, without limitation, 
benchmarks and performance tests) from any source relating to the Software;

(vi) use or copy the Software, in whole or in part, expect as expressly allowed under Section 1.

4. Third Party Information.  The Software and Site may contain or reference links to websites 
operated by third parties (“Third Party Websites”). These links are provided as a convenience 
only.  Additionally, in connection with Licensee's use of the Software and as part of the 
functionality of the Software, Licensee may have access to online services and information that 
may be made available by third parties, including, but not limited to, the services, content and 
data provided by Ninja Trader (“Third Party Information” and together with the Third Party 
Website, the “Third Party Resources”).  DesertSoft cannot and does not represent or guarantee 
that any Third Party Resource is accurate, reliable, current, complete or appropriate for your 
needs.  Licensee acknowledges and agrees that DesertSoft has no control over Third Party 
Resources.  DesertSoft is not responsible for the content, functionality or performance of any 
Third Party Resources.  In addition, DesertSoft is not responsible for access to the internet or to 
any other service or content or data accessible through the Software.  DesertSoft does not 
review, approve, monitor, endorse, warrant, or make any representations with respect to Third 
Party Resources.   The inclusion of any reference in the Software or Site, or access to Third Party 
Resources provided by the Software or Site is not and does not imply an affiliation, sponsorship, 
endorsement, approval, investigation, verification or monitoring by DesertSoft.   In no event will 
DesertSoft be responsible for Licensee's use of or inability to use Third Party Resources.  Access 
and use of Third Party Resources is at Licensee's own risk and Licensee acknowledges and 
understands that Third Party Resources may contain terms and conditions, agreements and 
privacy policies that are different from those of DesertSoft.  DesertSoft is not responsible for such 
provisions and expressly disclaims any liability for them.

5. Privacy. For details about DesertSoft privacy policies, please refer to the DesertSoft Privacy 
Statement contained in the privacy policy link on the Site relating to the software product you 
purchased. You agree to be bound by the applicable DesertSoft privacy policies, as it may be 
amended from time to time in accordance with its terms.

6.  Risk Disclosure.  You acknowledge and agree that: (i) active trading, or day trading, trading commodity futures and options can be extremely risky; (ii) when trading futures and/or options, it is possible to lose the full balance of your account; (iii) day trading on margin or short selling may result in losses beyond your initial investment; (iv) no “safe” trading system has ever been devised; and (v) market volatility, high volume of orders or trading, internet communications delays, system outages and capacity, Software errors or a combination of any of the foregoing may result in the receipt of an execution price that differs from the quote provided on entry of a trade order.   You acknowledge and agree that your use of the Software is at your own risk. 
You acknowledge and agree that you bear responsibility for your own investment decisions and that DesertSoft shall not be liable for any decision made or action taken by you or others based upon reliance on information obtained through the use of the Site or your use of the Software.

7. Disclaimer Of Warranties.  THE SOFTWARE IS PROVIDED “AS-IS” AND, TO THE MAXIMUM 
EXTENT PERMITTED BY APPLICABLE LAW, DESERTSOFT  DISCLAIMS ALL GUARANTEES AND 
WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE QUALITY, CAPABILITIES, 
OPERATIONS, PERFORMANCE OR SUITABILITY OF THE SOFTWARE, INCLUDING THE ABILITY TO 
INTEGRATE WITH THIRD PARTY RESOURCES, THEIR FITNESS FOR A PARTICULAR PURPOSE, 
SECURITY, QUALITY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, OR THEIR 
NONINFRINGEMENT.  DESERTSOFT DOES NOT WARRANT THAT THE SOFTWARE IS SECURE OR FREE 
FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, PROGRAM LIMITATIONS, INCLUDING BUT NOT 
LIMITED TO ACCURATE, TIMELY OR UPDATED THIRD PARTY CONTENT, OR THAT THE SOFTWARE 
WILL MEET YOUR REQUIREMENTS.  FURTHER, DESERTSOFT DOES NOT WARRANT ACCESS TO THE 
INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR 
CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO 
THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER.  SOME STATES 
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT 
APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 
DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, 
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO 
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Limitation Of Liability And Damages. YOU AGREE THAT IN NO EVENT WILL DESERTSOFT BE 
LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE 
SOFTWARE OR ANY THIRD PARTY RESOURCE.  THE ENTIRE CUMULATIVE LIABILITY OF DESERTSOFT 
FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE 
AMOUNT PAID BY YOU FOR THE SOFTWARE.  TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, DESERTSOFT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR 
LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), TELECOMMUNICATION 
FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE OR ANY OTHER 
DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE 
ON, OR INABILITY TO UTILIZE THE SOFTWARE AND/OR THE SITE, WHETHER BASED ON BREACH OF 
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR 
OTHERWISE, EVEN IF DESERTSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 
AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL 
PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR 
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY 
NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL 
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DESERTSOFT AND YOU.  DESERTSOFT WOULD 
NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS. 
USER EXPRESSLY AGREES TO INDEMNIFY AND HOLD DESERTSOFT AND ITS SUBSIDIARIES, 
AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS HARMLESS FROM ANY 
CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, MADE BY ANY 
THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SOFTWARE AND/OR THE SITE, YOUR 
VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR 
OTHER THIRD PARTY.

9. Consent To Electronic Communications.  You agree that DesertSoft, on behalf of itself, and 
others who administer such services (as applicable), may send Communications to you by email 
and/or may make Communications available to you by posting them on the Site.  You consent to 
receive these Communications electronically.  The term “Communications” means any notice, 
record, agreement, or other type of information that is made available to you or received from 
you in connection with the Software.

10. Limitation On Time for Bringing Causes of Action. Unless otherwise required by law, an action 
or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by 
law with respect to the Software must be commenced within one year after the cause of action 
accrues.

11. Entire Agreement.  Except as expressly set forth in this Agreement, this Agreement is a 
complete statement of the agreement between you and DesertSoft and sets forth the entire 
liability of DesertSoft and your exclusive remedy with respect to the Software, Site and their use.  
Any waiver of the terms herein by DesertSoft must be in a writing signed by an authorized officer 
of DesertSoft and expressly referencing the applicable provisions of this Agreement.  If any 
provision of this Agreement is invalid or unenforceable under applicable law, then it shall be 
changed and interpreted to accomplish the objectives of such provision to the greatest extent 
possible under applicable law, and the remaining provisions will continue in full force and effect.

12.  Governing Law.  This Agreement will be governed by Arizona law as applied to agreements 
entered into and to be performed entirely within Arizona, without regard to its choice of law or 
conflicts of law principles that would require the application of law of a different jurisdiction, and 
applicable federal law. The United Nations Convention on Contracts for the International Sale of 
Goods does not apply to this Agreement.  You hereby consent to the exclusive jurisdiction and 
venue of the state and federal courts having jurisdiction over Maricopa County, Arizona.

13. Assignment.  You may not assign or transfer this Agreement, in whole or in part, by operation 
of law or otherwise, without DesertSoft’s prior written consent.  Any attempt to transfer or assign 
this Agreement without such written consent will be null and void.

14.  Termination and Amendment.  Your rights under this Agreement may be terminated by 
DesertSoft immediately and without notice if you fail to comply with any term or condition of this 
Agreement.  Upon such termination, you must immediately cease using the Software, and delete 
or destroy all complete and partial copies of the Software, including all backup copies.  Any 
termination of this Agreement shall not affect DesertSoft's rights hereunder. DesertSoft shall 
have the right to change or add to the terms of its Agreement at any time (provided that it is not 
DesertSoft’s intent that such change substantially affect the license rights granted to you in 
Section 1 and for which consideration was paid by you), and to change, delete, discontinue, or 
impose conditions on any feature or aspect of the Software (including internet based services, 
pricing, technical support options, and other product-related policies) upon notice by any means 
DesertSoft determines in its discretion to be reasonable, including sending you an email 
notification or posting information concerning any such change, addition, deletion, discontinuance 
or conditions in the Software or on the Site.

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