HEDGEROW MARKET DATA USE AGREEMENT
By accessing or using HedgeRow Market Data, you represent and affirm that you have the legal capacity to enter into this Market Data Use Agreement and agree to be legally bound by the terms and conditions of this Market Data Agreement in their entirety.
Please print and keep a copy of this Market Data Use Agreement, but please understand that we reserve the right to change any of these terms and conditions at any time. If we do, we shall post a copy of the amended Market Data Use Agreement. You continued use of the data constitutes your agreement to the terms and conditions of the amended Market Data Use Agreement.
You agree and understand that by accessing or using HedgeRow Market Data following any change to this Market Data Use Agreement, your access or use of HedgeRow Market Data shall constitute your agreement to the amended Market Data Use Agreement, and you agree to be legally bound by its terms and conditions as amended. You should, therefore, read this Market Data Use Agreement from time to time. If you do not agree to be bound by this Market Data Use Agreement, you should not access or use HedgeRow Market Data.
Subject to the terms and conditions set forth in this Market Data Use Agreement, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable license to receive, download, store, and copy HedgeRow Market Data only for your Permitted Use (as described below). The license granted under this Market Data Agreement does not allow you to use HedgeRow Market Data for any Prohibited Use (as described below). You further agree that you will not use HedgeRow Market Data for any purpose not expressly authorized in this Market Data Agreement.
2. Market Data Fees
For information on the HedgeRow Market Data Fees and Payment Schedule, please see your Proposal and/or Scope of Work.
3. Permitted Use
As used herein, you agree and understand that Permitted Use means your use of HedgeRow Market Data solely for: (i) personal and/or internal use; (ii) general informational purposes; or (iii) analysis of various market to determine suitability for investment. You agree and understand that you may receive, download, store, and copy HedgeRow Market Data to further any Permitted Use.
4. Prohibited Use
As used herein, you agree and understand that Prohibited Use means you may not use HedgeRow Market Data to: (i) develop, create, register, issue, price, list, modify, or cause to bring to market, whether directly or indirectly, any new or existing analytical product that would otherwise compete with any HedgeRow Market Data products. You may not sell, license, or authorize the use of any HedgeRow Market Data to any third-party. If you would like to distribute, redistribute, disseminate sell, resell, license, or sublicense HedgeRow Market Data to any party for any reason you may not do so without the express written consent of Hedgerow.
Redistribution of HedgeRow Market Data must be accompanied by proper attribution. To the extent that you redistribute HedgeRow Market Data, including by displaying it on any materials (whether paper or electronic), you agree to provide appropriate attribution to make it clear to all Subscribers that HedgeRow Market Data was obtained from HedgeRow. Attribution should be made in a manner that is clear, visible, and legible.
Below are recommended forms of proper attribution:
- Using the phrase “Data provided by HedgeRow”; and
- Including a hyperlink to HedgeRowAnalysis.com.
6. Limited Rights
You agree and understand that nothing contained herein shall be construed as, nor shall result in, the conveyance to you or to any other Person of any ownership right, title, or interest in or to HedgeRow Market Data or any intellectual property, which shall remain our sole and exclusive intellectual property.
7. Specific Performance
You agree and understand that we would be irreparably damaged if any of the provisions of this Market Data Agreement are not performed in accordance with their specific terms or are otherwise breached and that any nonperformance or breach of this Market Data Use Agreement by you could not be adequately compensated by monetary damages alone and that we would not have any adequate remedy at law. Accordingly, in addition to any other right or remedy to which we may be entitled, at law or in equity (including monetary damages), we shall be entitled to seek to enforce any provision of this Market Data Use Agreement by a decree of specific performance and to temporary, preliminary, and permanent injunctive relief to prevent breaches or threatened breachesof any of the provisions of this Market Data Use Agreement, without posting any bond or other undertaking.
8. Choice of Law
You agree that this Market Data Use Agreement shall be construed in accordance with the laws of Maryland or any applicable provision of the United States Code and that any disputed arising under or related to this Agreement shall be resolved in a Court of appropriate jurisdiction situate in the State of Maryland.
9. Suspension or Termination
Except as otherwise provided in our proposal to you, you agree and understand that we may, in our sole discretion, change, suspend, discontinue, or terminate any aspect of HedgeRow Market Data, or its availability to you, at any time and without notice.
10. Warranties and Limitation of Liability
You represent and warrant that you have the requisite authority to enter into this Market Data Use Agreement according to its terms, and its performance does not violate any laws, regulations, or agreements applicable to you.
THE HEDGEROW MARKET DATA IS PROVIDED ON AN “AS IS” BASIS. YOU AND YOUR AFFILIATES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR OF NON-INFRINGEMENT OR ANY OTHER VIOLATION OF ANY THIRD-
PARTY INTELLECTUAL PROPERTY RIGHTS. WE AND OUR AFFILIATES DO NOT GUARANTEE OR MAKE ANY WARRANTY CONCERNING THE ACCURACY OR RELIABILITY OF ANY HEDGEROW MARKET DATA, AND DISCLAIM ANY AND ALL LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS IN, OR ANY DELAY OR LOSS OF ACCESS TO, OR OTHERWISE IN CONNECTION WITH THE USE, STORING, COPYING OR, IN THE CASE OF OEMS SERVICE PROVIDERS SUBJECT TO AN OEMS SERVICE PROVIDER AGREEMENT, REDISTRIBUTION OF, ANY HEDGEROW MARKET DATA.