|
ACCURACY
Measurements
/
privacy policy /
DISCLAIMER / License Agreement
|
<<BACK
|
VantagePoint Intermarket Analysis Software Accuracy
Measurements
VantagePoint Intermarket Analysis Trading Software Version
7.0 (VP7) makes five predictions for the 201 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
One
thousand twenty neural networks were trained using data from
1/1/2000 through 6/4/2006. Each market was trained using
cash or continuous contract data from Commodity Systems, Inc
(CSI). 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
midpoint 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 ‘midpoint’ price is the
average of the high and low price 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 11/24/06 to 5/24/07. When the VP7
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 7.0 market is as follows:
83.10% 2 Year U.S. Treasury
Notes
83.10% 5 Year U.S. Treasury
Notes
82.30% 10 Year U.S. Treasury
Notes
76.60% 30 Year U.S. Treasury
Bonds
86.30% 3M
78.20% Abbott Laboratories
82.30% Advanced Micro Devices
74.20% AES
76.60% Alcoa Inc.
79.00% Allstate Insurance
83.10% Altria Group
78.20% American Electric Power
81.50% American Express
84.70% American International
Group
81.50% AmerisourceBergen Corp.
81.50% Amgen
81.50% Apple
83.90% Archer-Daniels Midland
86.30% ASX All Ordinaries
81.50% AT&T
81.50% Australian Dollar
84.70% Australian Dollar /
Japanese Yen
81.50% Australian Dollar /
U.S. Dollar
79.00% Bank of America
78.20% Best Buy
77.40% Boeing
80.60% BP
81.50% Bristol-Myers Squibb
82.30% British Pound
81.50% British Pound /
Japanese Yen
79.00% British Pound / Swiss
Franc
79.80% British Pound / U.S.
Dollar
85.50% CAC-40 Index
79.80% Canadian Dollar
80.60% Canola
80.60% Cardinal Health
78.20% Caterpillar
79.80% Chevron
83.10% Cisco Systems
82.30% Citigroup
83.10% Coca-Cola
79.80% Cocoa
79.00% Coffee
81.50% ConocoPhillips
73.40% Continuous Commodity
Index
83.10% Copper
77.40% Corn
80.60% Corning
79.80% Costco Wholesale
79.80% Cotton
83.10% CVS
82.30% Dax Index
83.90% Dell
85.50% Diamonds
83.10% DJ Euro Stoxx 50 Index
83.90% DJIA
83.10% DJUA
81.50% Dow Chemical
79.80% Duke Energy
77.40% DuPont
81.50% eBay
81.50% Electronic Data Systems
84.70% E-Mini DJIA
83.10% E-Mini NASDAQ 100
85.50% E-Mini Russell 2000
83.90% E-Mini S&P 500
80.60% Energy Sector SPDR
82.30% Euro / British Pound
75.00% Euro / Canadian Dollar
84.70% Euro / Japanese Yen
80.60% Euro / Swiss Franc
83.90% Euro / U.S. Dollar
85.50% Euro Bund
82.30% Euro FX
85.50% Eurodollar
80.60% Exelon
77.40% Exxon Mobil
83.10% Fannie Mae
75.80% FedEx
81.50% Feeder Cattle
80.60% Financial Sector SPDR
Fund
86.30% Ford Motor
79.00% Frozen Pork Bellies
80.60% FTSE 100 Index
76.60% Gap
81.50% Genentech
82.30% General Electric
83.90% General Motors
83.10% Gold
82.30% Goldman Sachs Group
80.60% Halliburton
83.10% Hang Seng Index
79.00% Hartford Financial
83.10% Heating Oil
80.60% Hewlett-Packard
80.60% Home Depot
85.50% Honeywell International
84.70% IBM
79.80% ImClone Systems
77.40% Ingram Micro
82.30% Intel
81.50% International Paper
80.60% IPE Brent Crude Oil
81.50% IPE Gas Oil
82.30% iShares DJ US Real
Estate Index Fund
81.50% iShares MSCI EAFE Index
Fund
83.10% iShares MSCI Japan
Index Fund
81.50% iShares Russell 2000
Index Fund
79.00% iShares TR LEH 20+ Year
Treasury Bond Fund
79.80% J.C. Penney
79.00% Japanese Yen
82.30% Johnson & Johnson
84.70% Johnson Controls
79.00% JP Morgan Chase
80.60% Kansas City Wheat
81.50% Kroger
78.20% Lean Hogs
82.30% Lehman Brothers Holding
74.20% Live Cattle
78.20% Lockheed Martin
79.80% Lowe's
76.60% Lumber
79.80% Marathon Oil
83.10% McKesson
83.90% Merck
85.50% Merrill Lynch
81.50% MetLife
78.20% Mexican Peso
83.10% Microsoft
83.90% Midcap SPDR Trust
80.60% Morgan Stanley
75.00% Motorola
84.70% NASDAQ 100 Index
84.70% NASDAQ Composite Index
85.50% Nationwide Financial
Services Inc.
77.40% Natural Gas
79.80% New Zealand Dollar /
U.S. Dollar
82.30% News Corp.
79.80% Nikkei 225 Index
77.40% Nokia
79.80% Nortel Networks
82.30% Northrop Grumman
81.50% Novartis
79.80% NY Light Crude Oil
79.80% NYSE Composite Index
82.30% Oats
77.40% Orange Juice
80.60% Palladium
84.70% PepsiCo
83.90% Pfizer
83.10% Plains All American
Pipeline
79.00% Platinum
79.80% Procter & Gamble
83.90% Prudential Financial
78.20% QQQQ
77.40% RBOB Gasoline
83.10% Rough Rice
77.40% Russell 2000 Index
82.30% S&P 100 Index
82.30% S&P 500 Index
77.40% Safeway
83.10% Sears Holding
78.20% Semiconductor HOLDR
83.90% Share Price Index 200
75.80% Silver
81.50% Singapore Straits Times
Index
78.20% Soybean Meal
79.80% Soybean Oil
84.70% Soybeans
79.00% SPDRs
81.50% Sprint Nextel
80.60% Starbucks
83.10% Streettracks Gold Trust
86.30% Sugar #11
83.90% Sunoco
79.00% Swiss Franc
83.10% Sysco
82.30% Target
77.40% The Travelers
79.00% Time Warner
81.50% TXU
78.20% Tyco
79.80% Tyson Foods
79.00% U.S. Dollar / Canadian
Dollar
84.70% U.S. Dollar / Japanese
Yen
79.00% U.S. Dollar / Swiss
Franc
82.30% U.S. Dollar Index
76.60% United Healthcare Group
82.30% United Parcel Service
78.20% United Technologies
79.80% Valero Energy
82.30% Verizon
81.50% Wachovia
80.60% Walgreen
84.70% Wal-Mart Stores
78.20% Walt Disney
86.30% WellPoint
78.20% Wells Fargo
82.30% Weyerhaeuser
80.60% Wheat
78.20% Wyeth
Based upon
the combined out-of-sample research for all 201 of the
VantagePoint Version 7.0 markets, the average percent
accuracy for the Neural Index was 81.1%, with a low of 73.4%
for Continuous Commodity Index to a high of 86.3% for the
Sugar #11 market.
VANTAGEPOINT IS A TOOL AND NOT A TRADING SYSTEM. All
ACCURACY STATISTICS MENTIONED ABOVE RELATE TO THE NEURAL
INDEX. 80% DOES NOT MEAN YOU WILL WIN 8 OUT OF 10 TRADES.
ONCE THE NEURAL INDEX MAKES A PREDICTION, THE TRADER MUST
THEN DETERMINE ENTRY, EXIT, AND STOP PLACEMENT WHICH MAY
VARY FROM TRADER TO TRADER THUS VARYING THE END RESULTS.
THE NEURAL INDEX PREDICTS WHETHER THE AVERAGE OF TOMORROW'S
MID-POINT AND THE MID-POINT OF THE DAY AFTER TOMORROW (BOTH UNKNOWNS
AT THIS TIME) WILL BE HIGHER OR LOWER THAN THE AVERAGE OF
YESTERDAY'S MID-POINT AND THE MID-POINT OF THE DAY BEFORE YESTERDAY.
THIS GIVES THE EXPECTED TREND DIRECTION FOR EACH MARKET OVER
THE NEXT TWO DAYS. 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 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.
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.”
Our privacy policy is as follows. It is possible
these guidelines may change from time to time so you should
check back on occasion.
Spam
We do not send unsolicited emails (spam). In addition, we
never share email addresses or other personal information
with outside companies. Any personal information provided to
us by any visitor is kept strictly confidential. We conform
to all state and federal laws regarding emailing.
Use of Personal Information
Any personal information we might have about any
individual was submitted to us by said individual. Any data
we obtain is used for the purpose of exposing visitors to
relevant products and/or services that we offer. We are
committed to protecting all of the personal information that
we collect and do not distribute this information to
unaffiliated third parties.
Subscribers may opt out of our emails at
any time. Instructions for opting out are clearly
communicated in each and every email message.
Cookies
Just as with most other websites, when you visit or
interact with our websites, we will most likely
automatically note and record the following information:
Security
We make every effort to protect the information provided
to us. Please be aware that we cannot guarantee the security
of any information transferred over the Internet. You do so
at your own risk.
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”) regarding your use of certain parts
of the VantagePoint Intermarket Analysis Software, including
all component market categories (collectively referred to as
the “VantagePoint Package”), the VantagePoint Intermarket
Analysis Software User Manual, 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. Carefully read this Agreement before
installing Licensed Package on your computer. 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. If
Licensee does not accept the terms of this Agreement for any
reason, then Licensee must return all materials comprising
Licensed Package to Market Technologies postmarked by
Licensee within fifteen (15) calendar days from the date of
initial receipt by Licensee of Licensed Package. 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.
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 VantagePoint Intermarket Analysis Software.
The specific component market categories for which Licensee
has paid the appropriate fees for use is herein referred to
as “Licensee Portfolio”. As a courtesy to Licensee, all
component market categories (including those component
market categories included in Licensee Portfolio as well as
those not included in Licensee Portfolio) will function for
fifteen (15) days from the date of installation of the
VantagePoint Intermarket Analysis 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
Portfolio and those not included in Licensee Portfolio) and
that Licensee must contact Market Technologies to obtain the
Code in order to enable Licensee Portfolio component market
categories to function in the VantagePoint Intermarket
Analysis Software past such fifteen (15) day period. If
Licensee does not obtain the Code from Market Technologies
and enter the Code into Licensee’s computer within such
fifteen (15) day period, all component market categories
(including the component market categories comprising
Licensee Portfolio) in the VantagePoint Intermarket Analysis
Software shall be disabled and shall not function. However,
Licensee 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 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
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 may not rent, lease, lend or provide
commercial hosting services with Licensed Package.
Notwithstanding 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 public trading forum or website) to any
third party, 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,
Licensee shall not use Licensed Package without prior
written consent from 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 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
by a court having jurisdiction of an 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.
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, INCLUDING, BUT NOT
LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, LOST PROFITS,
DIMINUTION IN VALUE, PROPERTY, 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,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF LICENSED PACKAGE. 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.
9. Fees for Updates and Technical Support.
Market Technologies agrees to provide Licensee with
reasonable telephone technical 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
technical 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, 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 all orders for trades placed by Licensee,
in Licensee’s sole determination, as a result of considering
the information, are for Licensee’s sole risk. Licensee also
acknowledges that the software programs and documentation
furnished by Market Technologies in Licensed Package do 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.
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 GUARANTEE OF PERFORMANCE EITHER IN THIS AGREEMENT
OR OTHERWISE. IT IS ALSO UNDERSTOOD THAT VANTAGEPOINT
INTERMARKET ANALYSIS SOFTWARE IS AN ANALYTIC TOOL AND NOT A
TRADING SYSTEM AND THAT MARKET TECHNOLOGIES MAKES NO
GUARANTEES OR REPRESENTATIONS RELATING TO PROFITS OR RESULTS
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 technical
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.
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.
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 Licensed Package 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 Licensed Package from Licensee’s computer, and
Market Technologies must confirm that Licensed Package 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. It cannot be changed by any oral
statements, but only by an agreement in writing signed by
both of the parties. Licensee further confirms that the
Agreement shall govern and control all obligations of
Licensee with respect to any updated and subsequent versions
of Licensed Package including new component market
categories either added to the Licensee Portfolio or
otherwise provided to the Licensee by Market Technologies.
Licensee further acknowledges and agrees that Licensee
entered into this License 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 that are not set
forth in this Agreement. LICENSEE FURTHER ACKNOWLEDGES THAT
LICENSEE HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT
OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF LICENSEE’S
CHOICE, UNDERSTANDS LICENSEE’S RIGHTS AND OBLIGATIONS UNDER
THE AGREEMENT AND THAT THE INSTALLATION BY LICENSEE OF THE
VANTAGEPOINT INTERMARKET ANALYSIS SOFTWARE ON THE LICENSEE’S
COMPUTER IS AN ACCEPTANCE BY THE LICENSEE OF ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
20. 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 Manual.
v.6.11.7 |
