FreeRealTime.com License Agreement
FreeRealTime.com provides and delivers various software applications that display delayed and real-time financial market information including but not limited to stock quotes, options and futures trading, news and other company information such as FreeRealTime.com e-mail (hereinafter referred to collectively as the service). All use of this service is conditioned by the acceptance without modification of the terms, conditions, and notices contained in this Agreement. By executing an agreement with FreeRealTime.com via clicking on the "I Accept" button at the end these terms and conditions, the customer acknowledges that they have read and understand the contents of this Agreement and agree to be legally bound thereby.
Customer agrees not to disseminate the data provided by FreeRealTime.com for any external use, including providing FreeRealTime.com delivered data to customer's clients, or to any third parties. Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination of access.
2. PROPRIETARY AND TRADEMARK RIGHTS
Customer acknowledges and agrees that: (a) FreeRealTime.com is and shall continue to be the absolute owner of the software and data delivered as a part of this service; (b) Customer's right to use said data and software is derived solely from these terms and conditions; and (c) Such right is expressly limited pursuant to these terms and conditions. Customer shall at no time assert any claim of ownership over the software and data by reason of its use thereof and shall not grant or create or suffer to exist any lien or other security interest in it or any of its rights hereunder.
FreeRealTime.com and other product names are trademarks or registered trademarks of FreeRealTime.com, Inc.
Customer hereby acknowledges that the market data information provided is the property of the various exchanges and other information providers and therefore subject to modifications from the sources and controlled by all copyright and other interests maintained by the data sources.
3. LIMITATION ON LIABILITY
The market data and information provided with FreeRealTime.com's services is believed to be reliable and FreeRealTime.com agrees to run reasonable control checks thereon to verify that the data transmitted by FreeRealTime.com is the same as the data received from the various exchanges and other information sources. However, FreeRealTime.com does not warrant or guarantee such accuracy and shall not be subject to liability for truth, accuracy, or completeness of the information conveyed to customer or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. FreeRealTime.com advises that customers always consult a stock broker or other authorized financial advisor or representative to verify the accuracy of the stock prices before making any investments or other financial decisions. This Agreement does not violate any agency requirements and FreeRealTime.com has the right to enter into this agreement from its information providers.
FreeRealTime.com shall not be responsible for, nor be in default under this agreement due to delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with customer's receipt of the data or services including FreeRealTime.com user e-mail. Furthermore, FreeRealTime.com shall not be responsible for nor in default due to acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES, INCLUDING, BUT NOT LIMITED TO, PROGRAM MALFUNCTION OR OPERATIONAL NEGLIGENCE, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL CHARGES PAID BY CUSTOMER FOR THE SERVICES DURING THE MOST RECENT TWELVE (12) MONTHS. SUCH LIMITATION SHALL BE THE EXTENT OF FREEREALTIME.COM'S LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST FREEREALTIME.COM, AND THE FOREGOING SHALL CONSTITUTE FREEREALTIME.COM'S OR CUSTOMER'S SOLE REMEDY. IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE FOR LOST PROFITS OR SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH CUSTOMER OR FREEREALTIME.COM INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF FREEREALTIME.COM OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. EXCLUSION OF WARRANTIES
It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
The customer agrees to indemnify FreeRealTime.com from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from customer's use of the service, including any claims that if the allegations were true would constitute a breach of these terms and conditions.
Customer is responsible for the confidentiality and use of its user ID, password and account number. Customer acknowledges that using the service on two or more computers simultaneously is in violation of this Agreement. Customer agrees to notify FreeRealTime.com immediately of any loss, theft, or unauthorized use of their userid, password, or account number.
MESSAGING SERVICE - FreeRealTime.com and/or third parties may, from time to
time, send email messages to Users containg advertisements, promotions, etc.
FreeRealTime.com does not, and will not, make any representation or warranty
with respect to the content of any such email messages or any goods or services
which may be obtained from such third parties. By executing an agreement with
FreeRealTime.com the User acknowledges and accepts to these terms.
8. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware, except with regards to its rules regarding choice of law. Each party irrevocably consents to the jurisdiction of the courts of the State of Delaware and the federal courts situated in the State of Delaware, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement. This Agreement shall not be enforceable under the United Nations Convention on Contracts for the International Sale of Goods.
9. CUSTOMER INFORMATION
The name, address and payment information that the customer provides as a part of the subscription to any FreeRealTime.com services provided on this website will not be disclosed by FreeRealTime.com except as permitted by these terms and conditions. Customer agrees that FreeRealTime.com may share with other parties non-personal aggregate information, individual information and locator information gathered by FreeRealTime.com in the course of customer's use of the FreeRealTime.com service.
10. MODIFICATION TO TERMS
FreeRealTime.com reserves the right to modify the terms and conditions of this License Agreement and to terminate customer's access to and use of the FreeRealTime.com delivered data and services at any time and without prior notice.
EXECUTION OF THESE TERMS AND CONDITIONS:
I hereby understand that by signing this form I am executing the above Agreement with FreeRealTime.com to use their market data services. I acknowledge that by signing this form I accept all the terms and conditions of this Agreement and agree to be legally bound thereby.