I.NON-DISCLOSURE AGREEMENT: It is understood that a business relationship (such as access to this website), including but not limited to an equity investment or strategic partnership in the Forex or electronic trading business (the "Business Relationship") is or may be contemplated between the undersigned parties. In this regard, the parties will furnish certain confidential, proprietary information and materials to the other, including but not limited to information concerning their respective customers and finances, relating to the Business Relationship. IN CONSIDERATION of the furnishing parties furnishing the Confidential Information to the receiving party, and of the mutual covenants contained herein, the undersigned agree as follows: 1. The term "Confidential Information" shall mean all information furnished to the receiving party (including for this purpose the agents, employees or other representatives of the receiving party) by the furnishing party in connection with the transactions contemplated by the Business Relationship, whether or not marked confidential, including (a) trade secrets, inventions, ideas, processes, formulas, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs and techniques; (b) information regarding plans for research, development, new products, marketing and selling, business plans, finances including income and expenses, budgets and unpublished financial statements, licenses, prices and costs, locations, suppliers and customers; and (c) information regarding current and prospective customers, and the skills and compensation of employees, agents and consultants of the parties. The term "Confidential Information" shall not include information which (a) is or becomes generally available to the public as a result of a disclosure by someone other than the receiving party, (b) was known by or available to the receiving party on a nonconfidential basis prior to its disclosure by the furnishing party to the receiving 2 party hereunder, or (c) becomes available to the receiving party on a nonconfidential basis from a source other than the furnishing party. 2. The furnishing party shall at its discretion provide such of the Confidential Information to the receiving party as is required for the consideration and evaluation of a Business Relationship. Nothing in this Agreement obligates the furnishing party to make any particular disclosure of Confidential Information. 3. The parties stipulate that the Confidential Information provided by the furnishing party, whether on paper, communicated electronically or orally, or in any other form, is confidential and proprietary, and has independent economic value, and as such the Confidential Information constitutes the confidential business property of the furnishing party. 4. The receiving party (and its agents, employees and other representatives) agrees to use the Confidential Information solely in connection with the evaluation of the Business Relationship, and agrees that Confidential Information shall not be used for any other purpose or disclosed to any third party (other than professional advisors who assist the receiving party in the evaluation of the Business Relationship) under any circumstances whatsoever, unless specifically agreed to by the furnishing party in writing. 5. The receiving party shall instruct each of its employees, agents or professional advisors who will have access to any Confidential Information as to its confidential nature and shall cause each such employee, agent or professional advisor to agree not to disclose the Confidential Information to anyone for any purpose without the express authorization of the furnishing party. The receiving party hereunder agrees to be responsible for any breach of this Agreement by any of its employees, agents or professional advisors; in addition, the receiving party shall disclose the Confidential Information only to those of its agents, employees, 3 professional advisors and other representatives who have a need to know the Confidential Information for the purpose of considering or evaluating the Business Relationship. The receiving party shall, prior to disclosing the Confidential Information to any such agent, employee, professional advisor or other representative, issue appropriate instructions to them to satisfy the receiving party’s obligations herein and obtain the agreement of any such agent, employee, professional advisor or other representative to receive and use the Confidential Information on a confidential basis on the same conditions as contained in this Agreement and otherwise to comply with the terms hereof. 6. Without the prior written consent of the furnishing party, neither the receiving party hereto nor its agents, employees, professional advisors or other representatives shall: (a) disclose to any person the existence of this Agreement or its contents, or the fact that Confidential Information has been made available hereunder; or (b) disclose to any person any information concerning the Business Relationship, or the terms and conditions or other facts related thereto, including without limitation the fact that discussions are taking place with respect thereto or the status thereof. 7. For a period of one (5) years from the date of this Agreement, the receiving parties agree that none of their respective agents, officers, directors, professional advisors or employees who receives the Confidential Information will, either directly or indirectly through other persons, on the basis of such Confidential Information or as a result of evaluating the Business Relationship, solicit the employment of any employee of either party. The restriction on solicitation in the previous sentence will not apply to (a) general solicitations not targeted to employees of either party or their affiliates (such as newspaper advertisements), or 4 (b) any such individual who is no longer employed by either party or their affiliates at the time of the initial solicitation. 8. The receiving party agrees not to initiate or maintain contact with any customers, sources of financing or referral to such sources of financing, suppliers, or personnel employed in the operations of the furnishing party with respect to the Business Relationship, except with the express written permission of the furnishing party. 9. If the party receiving Confidential Information is requested pursuant to, or required by, applicable law to disclose any Confidential Information, that receiving party shall provide the furnishing party with prompt notice of such request or requirement in order to enable the furnishing party to seek at its sole expense an appropriate protective order or other remedy and/or waive compliance with the terms of this Agreement. 10. The Confidential Information shall not be copied, reproduced in any form or stored in a retrieval system or data base without the prior written consent of the furnishing party, except for such copies and storage as may be required in connection with considering and evaluating the Business Relationship. 11. This Agreement shall not constitute any representation, warranty or guarantee to the receiving party by the furnishing party or its agents or affiliates with respect to the accuracy or completeness of the Confidential Information; the receiving party shall not be entitled to rely on the accuracy or completeness of the Confidential Information, or any of it. The furnishing party shall not be held liable for any errors or omissions in the Confidential Information or the use or the results of the use of the Confidential Information. Only those representations and warranties that are made in a definitive transaction agreement when, as and if executed will have any legal effect. 5 12. The receiving party shall promptly advise the furnishing party if it determines not to seek to proceed with the Business Relationship. In such event, or at any time upon written request of the furnishing party, the receiving party shall promptly destroy or return the Confidential Information and all copies thereof in any form whatsoever under the power or control of the receiving party to the furnishing party, and delete the Confidential Information from all retrieval systems and data bases or destroy same as directed by the furnishing party and upon written request furnish to the furnishing party a certificate of such deletion or destruction. 13. This Agreement shall remain in force and effect for a period of three years from the date hereof. 14. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the United States of America. 15. In the event of any breach of this Agreement, the furnishing party shall be entitled to injunctive relief as a cumulative and not necessarily exclusive remedy to a claim for monetary damages. 16. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements, whether written or oral, between the parties hereto with respect thereto. There are no understandings, agreements or representations, express or implied, with respect to the subject matter hereof that are not specified herein. This Agreement may not be amended or modified except by a written document that specifically refers to this Agreement and is signed jointly by the parties hereto. This Agreement shall be binding upon and inure to the benefit of the undersigned parties, their successors and assigns, provided that 6 this Agreement may not be assigned without the prior written consent of the furnishing party. 17. The failure of either of the undersigned to insist on strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition, or a waiver of any other term, covenant or condition; nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or for any other times. 18. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way, By clicking 'I Agree to the terms and conditions' you are agreeing to the above NON-DISCLOSURE AGREEMENT. II.EULA End User License Agreement: IMPORTANT--READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE. THE SOFTWARE PROVIDED HEREUNDER WILL EXPIRE AND NOT OPERATE AFTER THIRTY (30) DAYS FROM INSTALLATION. THE PURCHASE OF A SOFTWARE KEY IS REQUIRED FOR USE OF THE SOFTWARE AFTER THE THIRTY (30)-DAY TRIAL PERIOD. 1.Grant of License for Registered Users Elite E Services, Inc., grants you a non-exclusive, non-transferable license to use the program with which this license is distributed (the "[PRODUCT] "), including any documentation files accompanying the Software ("User Guide") on a single server (if the Software is server based) or personal computer to support up to the number of simultaneous users for which you have paid the license fee, and to make one backup copy of the Software, provided that: (i) the Software is installed on only one server or personal computer; (ii) the Software is NOT modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity. 2. Ownership You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Elite E Services, Inc.. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement. 3. Copyright The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Elite E Services, Inc.. You may not remove any proprietary notice of Elite E Services, Inc. from any copy of the Software or Documentation. 4.Restrictions You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to other computers you own as long as you only use it on one computer at a time. 5.Confidentiality You acknowledge that the Software contains proprietary trade secrets of Elite E Services, Inc. and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the Key. 6.Limited Warranty Elite E Services, Inc. WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND Elite E Services, Inc.'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT Elite E Services, Inc.'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY Elite E Services, Inc. REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Elite E Services, Inc. DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Elite E Services, Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. 7.Limitation of Liability IN NO EVENT WILL Elite E Services, Inc. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF Elite E Services, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Elite E Services, Inc.'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 8.Export Restrictions THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE [United States of America OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE [United States of America. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION WITHOUT CONSENT OF Elite E Services, Inc. AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. 9.Termination This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to Elite E Services, Inc. all copies of the Software and Documentation in your possession or under your control. Elite E Services, Inc. may terminate this License Agreement for any reason, including, but not limited to, if Elite E Services, Inc. finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Elite E Services, Inc. all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement. 10.General This License Agreement shall be construed, interpreted and governed by the laws of the [United States of America without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in [Nevada, United States of America. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties. III.QEP Designation Access to this website is for QEPs only. A Qualified Eligible Person (QEP) is: an FCM, Broker/Dealer, or CPO which has been registered and active for 2 years or has greater than $5,000,000 in assets, CTA which has been registered and active for 2 years or has greater than $5,000,000 in assets, Investment adviser which has been registered and active for 2 years or has greater than $5,000,000 in assets, Qualified Purchaser, Knowledgeable Employee, CPO, CTA, IA for the exempt pool or account, Principal of CPO, CTA IA for the exempt pool or account , Employee of CPO, CTA, IA for the exempt pool or account involved in investment activities for 1 year , Employee or agent of CPO, CTA, IA for the exempt pool or account involved in legal, accounting, auditing or financial services activities for 2 years and is an accredited investor (see note below), Trust not formed to invest in exempt pool or account with trustee being a QEP, Organization described in Sec. 501(c)(3) of the Internal Revenue Code with trustee being a QEP, Non-U.S. person or entity, An entitiy in which all participants are from any of the above groups, 4.5 entity with all QEP investors. The following qualifies as a QEP if portfolio requirements are met: Registered investment company, Bank, Insurance company, Plan, with greater than $5,000,000 in assets, for employees of a state or political subdivision, Employee benefit plan with greater than $5,000,000, Private business development company, Organization described in Sec. 501(c)(3) of the Internal Revenue Code with greater than $5,000,000 in assets, Corporation, trust, partnership with greater than $5,000,000 not formed to invest in exempt pool, Person with net worth greater than $1,000,000, Person with net income greater than $200,000 each of last 2 yrs. or greater than $300,000 when combined with spouse, Pool, trust separate account, collective trust with greater than $5,000,000 in assets, Certain governmental entities. Note: May also include spouse, child, sibling or parent if investment is made with knowledge and direction or a company, estate or any person acquiring participation by gift, bequest, separation or divorce from one of these persons. Portfolio Requirement: The client must own securities with a market value greater than $2,000,000 and have had on deposit at an FCM, in the last 6 months, greater than $200,000 in margin and option premiums, have a combination of securities and FCM deposits. The percentages of required amounts must = 100%. IV. RISK DISCLOSURE SPECIFIC FOREX RISK DISCLOSURE STATEMENT: BEFORE PROCEEDING, YOU MUST READ AND ACKNOWLEDGE THE FOLLOWING DISCLOSURE The risk of loss in trading foreign exchange markets (FOREX), also known as cash foreign currencies, the inter-bank market or the FOREX markets, can be substantial. You should therefore carefully consider whether such trading is suitable for you given your financial condition. Elite E Services does not control, and cannot endorse or vouch for the accuracy or completeness of any information or advice you may have received or may receive in the future from any other person not employed by Elite E Services regarding foreign currency trading or any managed account information. The factual information contained herein has been obtained from sources believed to be reliable but is NOT necessarily all-inclusive and is NOT guaranteed to be 100% accurate. The content herein is provided on a best efforts basis and is believed to be up-to-date and accurate; however, there are no explicit or implicit warranties of accuracy or timeliness made by Elite E Services or affiliates. FOREX trading involves substantial risk and is not for all investors. Investments or trading in the FOREX markets can be highly speculative and should only be done with risk capital which you can afford to lose and that, if lost, would not change or adversely affect your lifestyle. The high degree of leverage that is often possible in foreign exchange trading can work for you as well as against you. The use of leverage can lead to large losses as well as gains. Managed foreign exchange accounts can be subject to substantial charges for management and profit incentive Elite E Services, and in some cases introducing brokers’ commissions or mark-ups that are above and beyond the ordinary spread generally provided on a clearing firm’s trade execution platform. It may be necessary for those accounts that are subject to these charges to make substantial trading profits to avoid depletion or exhaustion of their assets. Performance results may vary due to account size, starting or closing date, the number of positions and/or markets traded and/or other factors. This brief statement cannot disclose all of the risks and other significant aspects of the foreign exchange markets. Therefore, you should carefully review the disclosures contained in this document to determine whether such trading is appropriate for you in light of you particular financial condition. There are also risks associated with utilizing an internet-based deal execution system software application, and computerized trading and money management tools including, but not limited to, the failure of the hardware and software. PAST PERFORMANCE DOES NOT NECESSARILY GUARANTEE FUTURE RESULTS, nor does it guarantee freedom from losses. The information contained herein should not be construed as an offer to buy or sell commodities, futures, securities, or any type of investment. Elite E Services highly recommends that before making a decision, the reader collects several opinions related to the decision and verify facts from several independent sources. ADDITIONAL WEB DISCLAIMER: ALTHOUGH IT IS POSSIBLE TO PROFIT BY TRADING FOREIGN EXCHANGE, IT IS ALSO POSSIBLE TO LOSE 100% OF YOUR DEPOSIT. THERE IS A HIGHER PROBABILITY OF LOSING VS. WINNING GIVEN ENOUGH TIME. FOREIGN EXCHANGE TRADING IS EXTREMELY RISKY AND IS ONLY FOR THE SOPHISTOCATED INVESTOR WITH AN ABOVE AVERAGE UNDERSTANDING OF CURRENCY MARKETS. RISK CAPITAL SHOULD BE USED WHEN TRADING FX SYSTEMS, DEFINED AS CAPITAL THAT ONE CAN AFFORD TO LOSE 100%. ANY INVESTOR MUST CONSIDER THE RISKS OF FOREX TRADING AND DETERMINE IF IT IS APPROPRIATE FOR HIM or HER. THIS WEBSITE IS NOT A SOLICITATION TO INVEST IN FOREIGN EXCHANGE SYSTEMS, THIS WEBSITE DOES NOT RECOMMEND ANY PARTICULAR INVESTMENT. The URL of this document is http://eesfx.com/eesfx-termsandconditions.txt it is subject to change at any time.