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END-USER LICENSE AGREEMENT

RealTest Copyright © 2020-2021 Systematic Solutions LLC

Designed and Developed by Marsten Parker

This End-User License Agreement (“EULA”) is a binding contract between “you” (either an individual or a single entity) and Systematic Solutions LLC, a Massachusetts Limited Liability Company (“the owner”) regarding your installation and use of RealTest (“the software”).

BY INSTALLING, COPYING, OR OTHERWISE USING REALTEST, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL OR USE THE SOFTWARE.

This EULA constitutes the entire agreement between you and the owner and supersedes any prior agreements or representations of any kind between the parties or between you and Marsten Parker.

The software is protected by copyright laws and international copyright treaties.

The software is licensed, not sold.

“RealTest” or “the software” means all materials that are added to a computer by running the RealTest Installer program. This includes executable code, standard scripts, example scripts, and documentation files. These materials together constitute the copyrighted product known as RealTest.

1. FREE TRIAL PERIOD

If you have not previously trialed or licensed RealTest you may install and use the software on one computer for thirty (30) days at no cost.

To initiate your free trial period, you must provide an Internet connection and permit RealTest to connect to a License Management Server.

You agree that the terms of this EULA are fully applicable to you as a free-trial user regardless of whether a license is subsequently purchased.

2. LICENSE PURCHASE AND ACTIVATION

License purchase consists of you making an online payment to the owner and subsequently receiving a license key via email to the address provided during the purchase transaction.

Because a free trial period was made available, you agree that your license purchase is non-refundable.

Once purchased, your right to use specific licensed version(s) of the software never expires.

Specific licensed versions include the current version at the time of purchase and all releases dated within the twelve (12) months following your license purchase date.

To use releases dated more than twelve months after your purchase date, you must purchase a license renewal.

Software version numbers and release dates can be found, along with your license information, in the “About RealTest” dialog box accessible via the “Help” menu.

To activate a purchased license key, you must provide an Internet connection and permit the software to connect to a License Management Server.

For each purchased license key, you may install the software and activate the key on two (2) computers. The same individual (you) must be the user of both such installations.

You may, at your discretion, deactivate one computer and activate a different one as needed, provided you remain the only user of the software on all such computers.

3. REALTEST USER FORUM

Registering for a free trial or purchasing a license grants you access to the RealTest User Forum (“the forum”), a gated online community for users of the software.

Forum access requires manual registration via the forum website using the same email address used to register for your free trial or purchase your license key. New registrations require moderator approval, which may take up to 24 hours.

You agree that if you join the forum, you will keep confidential all information obtained from the forum, including without limitation scripts, strategies, trading methods, and information about other forum members.

4. PRODUCT USE LIMITATIONS

You may not modify, reverse engineer, decompile, or disassemble the software, or create derivative works based upon the software.

You may not rent, lease, or sell the software to others, nor distribute your license key to any other person or entity.

You may not share with anyone who is not a licensed user of the software any of the materials included in its installation, including the example scripts and in particular the trading strategy rules that these scripts contain.

RealTest requires the use of third-party market data to perform its intended functionality. There is no guarantee that this data is accurate. The user is solely responsible for following the agreements with the web sites and data providers from which the software imports data.

RealTest does not provide investment advice. Any appearance of investment advice, including without limitation trading strategies, test results, scan output, or lists of orders to be placed, is purely hypothetical and intended for educational purposes only.

The software may contain errors that cause it to display incorrect or misleading information. Even without such errors, the hypothetical trading statistics reported by the software are the result of a theoretical backtesting process and are neither indicative of what an actual market participant could have achieved nor predictive of what can be achieved in the future.

All decisions made or actions performed based on or in connection with using the software are made and performed at your discretion and at your own risk.

5. DISCLAIMERS AND LIMITATION OF LIABILITY

MARSTEN PARKER AND SYSTEMATIC SOLUTIONS LLC HEREBY DISCLAIM ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARSTEN PARKER AND/OR SYSTEMATIC SOLUTIONS LLC, NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS / PERSONAL PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS / PERSONAL INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MARASTEN PARKER AND/OR SYSTEMATIC SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MARSTEN PARKER’S AND/OR SYSTEMATIC SOLUTIONS LLC'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.