Nirvana SDK License Agreement

As a licensee of the Nirvana System Development Kit (SDK), I hereby agree to the terms of use of the SDK as follows. Terms Used in the License Agreement For the purpose of this agreement, the term "Licensee" shall refer to a Visual Basic developer who licenses use of the SDK from Nirvana. The term "Nirvana" and "Nirvana Systems, Inc." refer to the Company and are interchangeable. The term "Systems" is intended to refer to any software written under the SDK license, including but not limited to trading systems, indicators, and exit code. What is Covered Under the License Payment of the license fee entitles the licensee to use the SDK for the development of Systems and related add-ons for OmniTrader. Minimum Skills & Tools Required The licensee must possess a working knowledge of Visual Basic 6.0, and be able to write intermediate level programs in this language, defined as having a programming background and at least six months of hands-on experience with Visual Basic. The licensee must own a copy of Visual Basic 6.0 - the Visual Basic 6.0 programming language is NOT included as part of the license fee. Guarantees by Nirvana Systems, Inc. Nirvana guarantees that any intermediate level Visual Basic 6.0 programmer will be able to apply the SDK to add Systems to OmniTrader. Free support is provided for this purpose for 30 days from purchase. The license fee is not refundable. Transferability The license is not transferable from one party to another. Fitness for Use Nirvana makes no guarantee regarding fitness of use for the SDK. Licensees using the SDK to develop Systems under the SDK license assume all risk inherent in such endeavors and agree to indemnify Nirvana against all claims related to use of the SDK methodology. In no case will Nirvana Systems, Inc., its staff or directors be held liable for failures in any part of the system, which includes the SDK itself, or within OmniTrader through the use of the SDK. Change Notification Nirvana reserves the right to make changes to the interface of the SDK as it deems appropriate. In such cases, all SDK licensees will be given notice of such changes. Distribution of Software Developed under the SDK License Developers who use Nirvana's SDK may sell or otherwise distribute Systems written under the SDK license, without royalty obligation to Nirvana. Any such distribution will have adequate disclaimers, indemnifying Nirvana from the failure of such software to provide any results. In addition, in no case may materials describing the SDK indicate or imply that they have been approved by Nirvana, or are in any way related to the development efforts of Nirvana. Developer must assume all risk associated with distributing and/or selling any System developed with the SDK. Term and Rights The SDK license shall be in force for one year beyond the date moneys were paid for the license. During this term, licensees shall be entitled to any updates Nirvana may make from time to time. Subsequent terms may be renewed for $300 per year. In order for developers to be notified of changes to the SDK, or to receive updated versions, they must be current on the status of their license. Forum Access Licensees shall be given access to the SDK Developer's Forum. Separate rules govern the administration of the forum. Licensee agrees to read and abide by the Forum rules. Entire Agreement This constitutes the entire Agreement between Nirvana and Licensee. Where applicable, provisions of the Agreement shall be interpreted according to the laws of the State of Texas, USA.