﻿OPTIONS TRADING DISCLOSURE

You must read and understand the following before proceeding. The TD Ameritrade Mobile Trader Application contains options-related data and trading functionality. <b>Options  are not suitable for all investors as the special risks inherent to options trading may expose investors to potentially rapid and substantial losses.</b> Options trading privileges subject to TD Ameritrade review and approval. Please read <a href="http://www.optionsclearing.com/about/publications/character-risks.jsp">Characteristics and Risks of Standardized Options</a> before investing in options.

USER AND LICENSE AGREEMENT

To use the TD Ameritrade Mobile Trader software (the “Software”), you must read and agree to the terms below. YOUR USE OF THE SOFTWARE WILL INDICATE YOUR ACCEPTANCE OF ALL THE FOLLOWING TERMS AND CONDITIONS.
This User and License Agreement (“Agreement”) is entered into by and between TD Ameritrade, Inc. (“TD Ameritrade”), and you, the end user (“You”).

LICENSE GRANT

Subject to your compliance with this Agreement, TD Ameritrade, on behalf of itself and its affiliates, grants to You a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to use this Software for its intended purpose. You may not copy, reproduce, distribute, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, or remove any proprietary notices or labels on the Software.

OWNERSHIP; RESERVATION OF RIGHTS

All title, ownership rights and intellectual property rights in and to the Software shall remain with TD Ameritrade and/or its affiliates.

INFORMATION
This Software transmits personal data (including account information and trading information) to and from TD Ameritrade. This Software may transmit non-personal information to third parties for the purpose of quality assurance and product development research. Third parties do not and cannot receive information about your account or transactions.

Information provided through the Software, including through any other links within the Software (“Information”) has been independently obtained by third parties, various securities markets, such as national securities exchanges and their affiliates, and through other outside sources (“Providers”). The accuracy, completeness, timeliness or correct sequencing of the Information is not guaranteed by TD Ameritrade, or the Providers. There may be delays, omissions or inaccuracies in the Information. The Information is not to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to buy or sell securities of any kind but solely as a resource to You.
You understand that each of the Providers asserts a proprietary interest in all of the Information. Neither Provider, nor TD Ameritrade shall be liable in any way, for any inaccuracy, error message or any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission; (ii) non-performance; or (iii) interruption of any such data, information or message, due either to any negligence act or omission by any Provider or to any force majeure (i.e., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incomplete or delayed computer transmissions, or any other cause. You understand that the terms and conditions of this Agreement may be enforced directly against You by TD Ameritrade or by a Provider.

YOUR RESPONSIBILITIES

You are solely responsible for all data electronically transmitted or use of any data, Information or services obtained through use of the Software.
You are solely responsible for following the rules of the websites to which this Software can connect and TD Ameritrade assumes no liability for damages that may result from Your use or misuse of those sites.
You agree not to use the Information or the Software for any unlawful purpose or for any purpose in violation of this Agreement.
You agree to protect TD Ameritrade’s and/or any third party’s respective ownership, intellectual property, contractual, statutory and/or common law rights in the Information and Software.
You are responsible for the confidentiality and use of user IDs/passwords and other security data used in conjunction with Software. You agree that you will responsible for data transmitted, or products or services obtained through the use of your user ID/password, including in the case of unauthorized access by a third party.
You agree to indemnify and hold TD Ameritrade, its affiliates, and any third party or Provider harmless from and against any and all claims, losses, liability, costs and/or expenses arising from Your use of the Software, violation of this Agreement or any third party’s rights, including but not limited to ownership, intellectual property and privacy rights. Your indemnification and hold harmless obligations will survive the termination of this Agreement.

REPRESENTATIONS AND WARRANTIES

TD AMERITRADE HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SOFTWARE. THE SOFTWARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH YOU.
Portions of the Software are subject to additional limitations and disclaimers as set forth below.

LIMITATION OF LIABILITY

In no event will TD Ameritrade, its affiliates, nor any Provider or third party, be liable to You or anyone else for any consequential, incidental, special or indirect damages, including but not limited to lost profits, trading losses and/or damages that result from inconvenience, delay or loss of the use of the Software, even if TD Ameritrade, or any third party, have been advised of the possibility of such damages or losses. Neither TD Ameritrade, its affiliates, nor any Provider or third party shall be liable for any loss resulting from a cause over which such entity does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, severe weather, earthquakes and strikes or other labor problems. Some states do not allow limitations on how long implied warranties last, the exclusion or limitation of incidental or consequential damages, or the exclusion of certain implied warranties, so these disclaimers and limitations may not apply to You. Your rights may vary from state to state.

NO OFFERS OR SOLICITATIONS

Nothing in this Agreement or in the Software constitutes an offer or a solicitation for the purchase or sale of any security to any person or entity. All purchases and sales of securities must be made, and You agree will be made, through TD Ameritrade and subject to the terms and conditions of Your client agreement with TD Ameritrade.

MODIFICATION & TERMINATION

TD Ameritrade reserves the right to modify or change the terms and conditions of this Agreement at any time, revoke Your license or terminate Your access to the Software or any portion thereof in TD Ameritrade’s sole discretion, without notice and without limitation, for any reason whatsoever.

paperMoney® FUNCTIONALITY

paperMoney® is for educational purposes only.  Successful virtual trading during one time period does not guarantee successful investing of actual funds during a later time period.

myTRADE® FUNCTIONALITY

myTRADE® is a service provided by tos RED, Inc., a separate but affiliated third-party firm.  In order to use the service, you must create a myTRADE profile, and agree to the myTRADE terms of use. TD Ameritrade is not responsible for the services of tos RED, Inc.  Any content shared by users through myTRADE is neither endorsed nor approved by TD Ameritrade. By agreeing to this User and License Agreement, You also agree to the myTRADE Terms of Use. <a href="http://www.mytrade.com/pods/termsofuse.aspx">myTRADE terms of use</a>

INTELLECTUAL PROPERTY NOTICE

TD Ameritrade is a trademark jointly owned by TD Ameritrade IP Company, Inc. and The Toronto-Dominion Bank. paperMoney and myTRADE are trademarks owned by TD Ameritrade or one of its affiliates. © 2013 TD Ameritrade IP Company, Inc. All rights reserved. Used with permission.

COMPLETE AGREEMENT

This Agreement is the complete statement of the Agreement and supersedes any proposal or prior communications between TD Ameritrade and You relating to the subject matter of this Agreement.

OPEN SOURCE LICENSES

OpenSSL License
<hr>
Copyright (c) 1998-2008 The OpenSSL Project.  All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.

6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com).  This product includes software written by Tim Hudson (tjh@cryptsoft.com).


Original SSLeay License
-----------------------

Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved.

This package is an SSL implementation written by Eric Young(eay@cryptsoft.com).

The implementation was written so as to conform with Netscape’s SSL.

This library is free for commercial and non-commercial use as long as the following conditions are aheared to.  The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code.  The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the routines from the library being used are not cryptographic related :-).

4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License.]
