Market Data Suppliers Agreement
Market Data Suppliers
- ASX Operations Pty Limited;
- Commodity Systems, Inc.;
- Norgate Investor Services Pty Ltd;
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.
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.
