Market Data Suppliers Agreement
Market Data Suppliers
- New York Stock Exchange, Inc.;
- NASDAQ;
- ASX Operations Pty Limited;
- CME Group Index Services LLC
- SIX Telekurs USA Inc.;
- Morningstar Real-Time Data Ltd.;
- Barchart.com, Inc. d/b/a DDFplus;
- Commodity Systems, Inc.;
- Norgate Investor Services Pty Ltd;
New York Stock Exchange, Inc.
AGREEMENT FOR MARKET DATA DISPLAY SERVICES
(Usage-Based Services/Nonprofessional Subscriber Status )(Electronic Version)
Incredible Charts ("Vendor") agrees to make "Market Data" available to you pursuant to the terms and conditions set forth in this agreement. By manifesting your assent in the space indicated below, you ("Subscriber") agree to comply with those terms and conditions. Section 1 sets forth terms and conditions of general applicability. Section 2 applies insofar as Subscriber receives and uses Market Data made available pursuant to this Agreement as a Nonprofessional Subscriber.
SECTION 1: TERMS AND CONDITIONS OF GENERAL APPLICABILITY
1. MARKET DATA DEFINITION – For all purposes of this Agreement, "Market Data" means (a) last sale information and quotation information relating to securities that are admitted to dealings on the New York Stock Exchange ("NYSE"), (b) such bond and other equity last sale and quotation information, and such index and other market information, as United States-registered national securities exchanges and national securities associations (each, an "Authorizing SRO") may make available and as the NYSE may from time to time designate as "Market Data"; and (c) all information that derives from any such information.
2. PROPRIETARY NATURE OF DATA – Subscriber understands and acknowledges that each Authorizing SRO and Other Data Disseminator has a proprietary interest in the Market Data that originates on or derives from it or its market(s).
3. ENFORCEMENT – Subscriber understands and acknowledges that (a) the Authorizing SROs are third-party beneficiaries under this Agreement and (b) the Authorizing SROs or their authorized representative(s) may enforce this Agreement, by legal proceedings or otherwise, against Subscriber or any person that obtains Market Data that is made available pursuant to this Agreement other than as this Agreement contemplates. Subscriber shall pay the reasonable attorney's fees that any Authorizing SRO incurs in enforcing this Agreement against Subscriber.
4. DATA NOT GUARANTEED – Subscriber understands that no Authorizing SRO, no other entity whose information is made available over the Authorizing SROs' facilities (an "Other Data Disseminator") and no information processor that assists any Authorizing SRO or Other Data Disseminator in making Market Data available (collectively, the "Disseminating Parties") guarantees the timeliness, sequence, accuracy or completeness of Market Data or of other market information or messages disseminated by any Disseminating Party. Neither Subscriber nor any other person shall hold any Disseminating Party liable in any way for (a) any inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) the transmission or delivery of any such data, information or message, or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non-performance or (iii) interruption in any such data, information or message, due either to any negligent act or omission by any Disseminating Party, to any "force majeure" (e.g., 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) or to any other cause beyond the reasonable control of any Disseminating Party.
5. PERMITTED USE – Subscriber shall not furnish Market Data to any other person or entity and, subject to Paragraph 10, shall use Market Data only for its individual use in its business.
6. DISSEMINATION DISCONTINUANCE OR MODIFICATION – Subscriber understands and acknowledges that, at any time, the Authorizing SROs may discontinue disseminating any category of Market Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. The Authorizing SROs shall not be liable for any resulting liability, loss or damages that may arise therefrom.
7. DURATION; SURVIVAL – This Agreement remains in effect for so long as Subscriber has the ability to receive Market Data as contemplated by this Agreement. In addition, Vendor may terminate this Agreement at any time, whether at the direction of the Authorizing SROs or otherwise. Paragraphs 2, 3 and 4, and the first two sentences of Paragraph 8, survive any termination of this Agreement.
8. MISCELLANEOUS – The laws of the State of New York shall govern this Agreement and it shall be interpreted in accordance with those laws. This Agreement is subject to the Securities Exchange Act of 1934, the rules promulgated under that act, and the joint-industry plans entered into pursuant to that act. This writing contains the entire agreement between the parties in respect of its subject matter. Subscriber may not assign all or any part of this Agreement to any other person. The person manifesting assent to this agreement below represents and warrants that it has legal capacity to contract and, if that person is manifesting assent on behalf of a proprietorship or a business, partnership or other organization, represents and warrants that he or she has actual authority to bind the organization.
SECTION 2: NONPROFESSIONAL SUBSCRIBER
9. NONPROFESSIONAL SUBSCRIBER DEFINITION – "Nonprofessional Subscriber" means any natural person whom Vendor has determined to qualify as a "Nonprofessional Subscriber" and who is not: (a) registered or qualified with the Securities and Exchange Commission (the "SEC"), the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association. (b) engaged as an "investment advisor" as that term is defined in Section 202 (a) (11) of the Investment Advisor's Act of 1940 (whether or not registered or qualified under that Act), nor (c) employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt.
10. PERMITTED USE – If Subscriber is a Nonprofessional Subscriber, he or she shall receive Market Data solely for his or her personal, non-business use.
11. PERSONAL AND EMPLOYMENT DATA – As a prerequisite to qualifying as a "Nonprofessional Subscriber", Subscriber shall provide the following information: Subscriber's name and address: Subscriber's occupations (list all occupations – including homemaker, student, retiree, etc.): Name(s) and address(es) of Subscriber's employer(s): Subscriber's title(s) and/or position(s): Subscriber's employment functions (description): Subscriber shall notify Vendor promptly in writing of any change in his or her circumstances that may cause him or her to cease to qualify as a Nonprofessional Subscriber.
12. CERTIFICATION – Subscriber hereby certifies that he or she falls within Paragraph 9's definition of "Nonprofessional Subscriber" and that the personal and employment information that he or she has included in Paragraph 11 is truthful and accurate.
ASX Operations Pty Limited
ASX Operations Pty Limited ("ASXO") (ABN 42004523782), its
employees, contractors and agents shall be under no liability whatsoever for any
loss suffered whether arising from negligence or otherwise in connection with
the ASXO Products or their use, nor for any malfunction of ASXO's equipment or
software or the downloading of the ASXO Products via the Internet, the provision
or storage of the ASXO Products or any part thereof, and without limiting the
generality of the foregoing, for any delays, interruptions, data manipulations,
errors or omissions however caused (including negligence on the part of ASXO and
its employees, contractors and agents) in preparing, collecting, recording,
processing and storing the ASXO Products.
Nothing in this clause will exclude, restrict or modify any condition, warranty,
right or liability implied in this Agreement or protected by law where to do so
would render this clause void.
"ASXO Products" refers to the data supplied in Signal D12.
CME Group Index Services LLC
TERMS AND CONDITIONS OF USE OF DOW JONES INDEXESSM
BY ACCESSING AND USING THE DATA RELATED TO DOW JONES INDEXESSM (INCLUDING, WITHOUT LIMITATION, THE INDEX VALUES, HEREAFTER COLLECTIVELY "DOW JONES INDEXESSM") ON THIS WEB SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS MADE AFTER APRIL 2010. IF ANY OF THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS OR USE DOW JONES INDEXESSM.
GENERAL TERMS AND CONDITIONS OF USE
Dow Jones IndexesSM (including, without limitation, the Dow Jones Averages, Dow Jones Global Indexes, Dow Jones Titans Indexes, Dow Jones Islamic Market Indexes, Dow Jones Sustainability Indexes and Dow Jones-UBS Commodity Indexes) are proprietary to CME Group Index Services LLC ("CME Indexes") and/or its licensors. By accessing and using the Dow Jones IndexesSM, you are indicating that you are at least 18 years old, and you agree to be bound by all these Terms and Conditions of Use. You may print and keep a copy of these Terms and Conditions of Use, but CME Indexes may change any of these terms at any time. When the terms are changed, the changes will appear in this document. Your use of Dow Jones IndexesSM after any changes have been posted will constitute your agreement to the modified Terms and Conditions of Use. Therefore, you should read these Terms and Conditions of Use from time to time. If you do not agree to be bound by these Terms and Conditions of Use or any changes thereto, you should not use Dow Jones IndexesSM again.
PROPRIETARY RIGHTS AND LIMITATIONS ON USE
Dow Jones IndexesSM are protected by copyright and other intellectual property laws. Dow Jones IndexesSM may be used only for your personal, non-commercial purposes. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from or store the Dow Jones IndexesSM (or any portion thereof), without the express prior consent of CME Indexes. You may not use Dow Jones IndexesSM for any unlawful purpose.
All trade names, trademarks, service marks associated with the Dow Jones IndexesSM (whether registered or unregistered) (the "Marks") are proprietary to CME Indexes and/or its licensors and are protected by applicable trademark laws. Nothing contained in this web site should be construed as granting any license or right to use any of the Marks displayed here without the express written permission of CME Indexes or its applicable licensors. Any unauthorized use of the Marks is strictly prohibited.
Also, you may not use any of the Dow Jones IndexesSM or the Marks in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the Indexes) without a separate written agreement with CME Indexes. Further, neither CME Indexes nor its licensors is giving investment advice, tax advice, legal advice, or other professional advice by providing the Dow Jones IndexesSM, and neither CME Indexes nor its licensors sponsor, recommend or endorse the purchase or sale of any security or investment.
If you violate any of these terms and conditions, CME Indexes has the right to terminate your access to all or any portion of the Dow Jones IndexesSM immediately without notice. Your right to use the Dow Jones IndexesSM is subject to any limits established by CME Indexes in its sole discretion.
DISCLAIMER OF WARRANTIES AND LIABILITY DOW JONES INDEXESSM ARE PROVIDED TO YOU "AS IS". NEITHER CME INDEXES, DOW JONES & COMPANY, INC. ("DOW JONES") NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS WARRANTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DOW JONES INDEXESSM. ALTHOUGH CME INDEXES MAKES REASONABLE EFFORTS TO COMPLY WITH ITS GUIDELINES REGARDING THE SELECTION OF COMPONENTS IN THE DOW JONES ISLAMIC MARKET INDEXES, CME INDEXES CANNOT GUARANTEE OR WARRANT THAT THOSE INDEXES OR THE DATA RELATED THERETO WILL COMPLY WITH SHARIAH LAW OR OTHER ISLAMIC PRINCIPLES AND CME INDEXES EXPRESSLY DISCLAIMS ANY SUCH WARRANTY. NEITHER CME INDEXES NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE DOW JONES INDEXESSM CAUSED IN WHOLE OR PART BY CME INDEXES' NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE DOW JONES INDEXESSM. IN NO EVENT WILL CME INDEXES, DOW JONES OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE DOW JONES INDEXESSM. NEITHER CME INDEXES, DOW JONES NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONAL TERMS
CME Indexes may discontinue or change the Dow Jones IndexesSM, or their availability to you, at any time without notice. If any provision in these Terms and Conditions of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms and Conditions of Use, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the State of New York, as if these Terms are a contract wholly entered into and wholly performed within the State of New York. These Terms and Conditions of Use constitute the entire agreement between you and CME Indexes relating to the Dow Jones IndexesSM, and they supersede any and all other agreements, oral or in writing, with respect to the indexes. The failure of CME Indexes to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. Certain market data is provided by Reuters for use in calculating the Dow Jones IndexesSM. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.
The Dow Jones IndexesSM are proprietary to and distributed by CME Indexes and have been licensed for use. "Dow Jones Indexes" is a licensed trademark of CME Indexes and is a proprietary service mark of Dow Jones Trademark Holdings LLC.
Commodity Systems, Inc.
If you use the data (the "CSI Data") supplied by Commodity Systems, Inc. ("CSI"), you acknowledge that: (A) CSI Data may include information taken from the New York Stock Exchange, The American Stock Exchange, NASDAQ Stock Market and other third-party sources; (B) CSI does not guarantee the sequence, accuracy, completeness or timeliness of the CSI Data and the information contained therein. Accordingly, anything to the contrary herein set forth notwithstanding, CSI, its officers and employees, its subsidiaries, successors and assigns shall not, directly or indirectly, be liable, in any way, to you, to any person or entity to whom or to which CSI Data shall be provided, or to any other person or entity for: (1) any inaccuracies or errors in or omission of any information or data therein; (2) any delays or errors in the transmission or delivery of any part thereof; or (3) any loss or damage arising therefrom or occasioned thereby, or by any reason of non-performance, or interruption in any such information or data transmitted by CSI for any reason.
Norgate Investor Services Pty Ltd
End-User License Terms
- Conditions of Supply
By accessing or using the financial data supplied by Norgate (the "Data"), you become a Licensee. As a Licensee you agree to be bound by the terms of this License Agreement ("Agreement"). "Norgate" means Norgate Investor Services Pty. Ltd. (ABN 70058485395). "Norgate and its associates" means Norgate and related companies, stock exchanges, any futures exchanges, any other trading instruments exchanges, broker, suppliers, business partners, resellers, agents, and includes directors, officers, employees or contractors of all of the above. - Grant of Licence
Norgate hereby grants to Licensee a non-exclusive license to use the Data and related Documentation on the following terms:
Licensee may copy the Data for archival purposes. The Licensee warrants that he will not resell or redistribute the Data information supplied or received though the use of the software in part or in full, in any way, shape or form whatsoever. - Title and Copyright.
All title ownership rights, copyrights and intellectual property rights in and to the Data are owned by Norgate or its suppliers. This licence gives the Licensee no rights to such content. - Australian Stock Exchange
Some of this material is copyright and reproduced under licence by Australian Stock Exchange Limited, ACN 008 624 691. Australian Stock Exchange Limited, its related companies and their officers and employees are not associated with, and should not be construed as endorsing, promoting or expressing any opinion about, nor be under any liability for any loss arising in connection with Norgate, the contents of any internet sites operated by Norgate, or any of Norgate's products or services.
Australian Stock Exchange Limited, its related companies, their offices and employees shall not be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with the contents of and/or any omissions from this communication except where a liability is made non-excludable by legislation.
Trademarks used under licence. The ASX logo is a registered trade mark of Australian Stock Exchange Limited. "All Ordinaries ® " and "ASX ® " are registered trade marks of ASX Operations Pty Limited. - Accuracy of information
All Data is provided in good faith. It is derived from sources believed to be accurate. Norgate and its associates do not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the material, nor do they accept any responsibility arising in any way for errors in, or omissions from, that material. Norgate and its associates will not be liable for loss resulting from any action or investment decision by a User in reliance on the information on the site, nor for any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software. Nothing in these conditions shall exclude, restrict or modify any condition or warranty implied by law. - General information only - Non Advisory
The Licensee agrees that material provided is general information only and is not intended as investment advice and will not be relied upon as such. The Licensee agrees to obtain professional investment advice tailored to his specific circumstances prior to making any investment decisions, if applicable. The Licensee agrees to consult with a broker to verify pricing before conducting any securities trading. The Licensee agrees that material provided does not, and must not be construed as providing recommendations in relation to any securities or other financial products. The Licensee agrees that it does not constitute and will not be construed as an offer of securities or other financial products nor is it an invitation for the Licensee to take up securities or other financial products. - Data Copyright
The Licensee agrees that the material provided is copyright and is published under licence from Norgate. The Licensee agrees to use this material for his own personal reference only. Except for the temporary copy held in the computer's cache and a single permanent copy for the Licensee's personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part without the prior written approval of Norgate.
The Data is sourced from official sources and includes a digital watermark for identification of unauthorised duplication. Norgate will prosecute individuals or corporations that violate copyright of the Data to the full extent of the law. - No other Warranties.
The Licensee agrees that, to the maximum extent permitted by applicable law, Norgate and its associates disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Data and accompanying documentation. - No liabilities for consequential damages.
The Licensee agrees that Norgate and its associates shall have no obligation or liability to the Licensee in contract or in tort arising out of or relating to delays, errors or omissions in collection and dissemination of such information, or for the inaccuracy of such information carried or displayed by the software. The Licensee agrees that, to the maximum extent permitted by applicable law, in no event shall Norgate and its associates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, computer failure or malfunction, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software or Data, even if Norgate and its associates have been advised of the possibility of such damages.
The Licensee or user of a Licensee's product agrees to limit any claims against Norgate and its associates to the greater of one Australian dollar or the total amount paid by the Licensee to Norgate and its associates for the subscription to the service. - Representation and Warranties
The Licensee acknowledges that the Norgate and its associates do not make any representation or warranties regarding the Data provided or any other matter which is or might be relevant to the Licensee buying the products or services other than the representation or warranties expressed in this agreement. - Warranty Remedies
Should a breach in this warranty occur, Norgate's sole liability will be limited to replacing the defective Data. - Entire Agreement
The Licensee acknowledges that they have read and understand this agreement and agree to be bound by its terms. Licensee further agrees that this agreement is the complete and exclusive statement of the agreement between Licensee and Norgate with respect to the subject matter hereof, and supersedes any prior agreement, oral or written, and any other communications relating to the subject matter of this agreement.
This agreement may not be modified except in writing duly signed by a Director of Norgate and the Licensee.










