S&P SHORT RANGE OSCILLATOR LICENSE AGREEMENT |
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Thank you for subscribing to a license to use the S&P GLOBAL ('S&P') product described below (the 'Product'). As consideration for the license granted by S&P, you agree to pay fees as set forth. Your card will be charged by Computrade Systems, Inc (MarketEdge). Product: S&P Short Range Oscillator Fee: $500/year By subscribing to the Product you agree and represent that you shall pay the fees, and that you shall use the Product solely for internal business use. The following further terms and conditions apply to your use of the Product: 1. Term and Termination. This Agreement shall be in effect for an initial term of one (1) year from the date of shipment of the Product, and the term shall be automatically extended for successive renewal terms of one (1) year each ('Renewal Term') unless either party notifies the other in writing of its decision not to extend the term of this Agreement at least thirty (30) days prior to the expiration of the term then in effect. In the event S&P discontinues providing the Product to all Subscribers, S&P may terminate this Agreement upon ninety (90) days prior written notice to Subscriber and, in such event, S&P will refund to Subscriber any unearned subscription fees. 2. Disclaimer of Warranties and Limitation of Liabilities. S&P, ITS AFFILIATES AND THEIR THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE PRODUCT, INCLUDING THE INFORMATION, DATA OR SOFTWARE CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A reference to a particular investment or security, a credit rating or any observation concerning an investment or security provided in the Product is not a recommendation to buy, sell, or hold such investment or security or make any other investment decisions and does not address the suitability of any investment or security. NEITHER S&P, ITS AFFILIATES NOR ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE PRODUCT OR ANY COMPONENT THEREOF. NEITHER S&P, ITS AFFILIATES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE PRODUCT. THE PRODUCT AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN 'AS IS' BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR ANY OF THEIR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES, OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NEITHER S&P, ITS AFFILIATES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. In no event shall the cumulative liability of S&P hereunder for damages, regardless of the form of the action, exceed the total fees paid for the current subscription period; and no action, regardless of form, arising from or pertaining to the Product may be brought by Subscriber more than one (1) year after such action has occurred. 3. S&P's Proprietary Rights/Injunctive Relief. All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights and trademark rights) in the Product, including, but not limited to, all information, data, ratings and ratings symbology, software, products and documentation contained or included therein, are and shall remain the sole and exclusive property of S&P, its affiliates and their third-party providers. 4. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. © Copyright 2016 Computrade Systems, Inc. User authorizes Computrade Systems Inc. to charge the account number the User has supplied as part of the signup procedure for the Product. User warrants that he is an authorized user of this account. The User may cancel this authorization in writing by US postal service to Computrade Systems, Inc - 9040 Roswell Road, Atlanta, GA, by fax to (770) 453-9983 or by e-mail to support@marketedge.com. THE USER SHALL NOT CONSIDER THE AUTHORIZATION CANCELLED UNTIL THE USER RECEIVES WRITTEN CONFIRMATION OF THE CANCELLATION FROM COMPUTRADE SYSTEMS, INC. If a charge is rejected by the user's bank, Computrade Systems Inc. may suspend the User's right to use the Product without notice. When the charge does clear the User's bank, no refund of the suspended time will be given. A charge for reinstating a suspended account may be imposed. Computrade Systems, Inc. does not and will not warrant the performance or results that may be obtained while using the Product. In no event shall Computrade Systems, Inc. be liable for any loss or profit or any other commercial damage, including but not limited to special, incidental, consequential or other damages. The Product may contain certain proprietary information (hereinafter "Licensed Information") provided by Standard & Poor's (hereinafter "S&P"), a division of the McGraw-Hill Companies, Inc. User expressly acknowledges by accessing the Licensed Information that: (i) neither Computrade Systems, Inc., S&P, nor any third-party licensor shall have any liability for the accuracy or completeness of the Licensed Information or of the service, or for delays or omissions therein nor for any lost profits, indirect, special, or consequential damages; (ii) Computrade Systems, Inc., S&P and/or any third party licensors have exclusive proprietary rights in the information received; (iii) User shall not use or permit anyone to use the Licensed Information through the Market Edge service for any unlawful or unauthorized purpose; (iv) User is not authorized or permitted to furnish the Licensed Information to any person or firm for reuse or retransmission without the prior written approval of S&P or Computrade Systems, Inc.; and (v) the relevant provisions of this User Agreement are subject to termination in the event that any agreement between Computrade Systems, Inc. and a provider of the Licensed Information and/or the Product is terminated in accordance with its terms. THE FOREGOING WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Computrade Systems Inc. reserves the right to change prices and terms under this agreement upon 30 days written notice, such notice to be sent to the e-mail address User has supplied in the signup procedure. If User does not supply a valid e-mail address, User waives his right to notice. This agreement is non-transferable by the user and is exclusively for the personal use of the User and not for the use of any other person or entity. Any violation of any provision of this agreement by the User may result in immediate termination of the User's privileges under this agreement. Any portion of this Agreement that is determined to be unenforceable or invalid shall be deemed inoperative, and the remainder of this agreement shall continue in full force and effect. This agreement inures to the benefit of Computrade Systems Inc., and its successors and assigns, if any. This is the entire agreement between Computrade Systems Inc. and the User. BY SUBSCRIBING TO THE PRODUCT THROUGH COMPUTRADE SYSTEMS, INC, USER REPRESENTS THAT HE/SHE HAS READ AND UNDERSTANDS THIS USER AGREEMENT AND AGREES TO BE BOUND BY ALL OF THE TERMS AND PROVISIONS CONTAINED HEREIN. |
STOCK CHARTS LICENSE AGREEMENT |
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Thank you for subscribing to a license to use the S&P Global ('S&P') product described below (the 'Product'). As consideration for the license granted by S&P, you agree to pay fees as set forth. Your card will be charged by Computrade Systems, Inc (MarketEdge). Product: Daily Action Stock Charts Fee: $1850/year By subscribing to the Product you agree and represent that you shall pay the fees, and that you shall use the Product solely for internal business use. The following further terms and conditions apply to your use of the Product: 1. Term and Termination. This Agreement shall be in effect for an initial term of one (1) year from the date of shipment of the Product, and the term shall be automatically extended for successive renewal terms of one (1) year each ('Renewal Term') unless either party notifies the other in writing of its decision not to extend the term of this Agreement at least thirty (30) days prior to the expiration of the term then in effect. In the event S&P discontinues providing the Product to all Subscribers, S&P may terminate this Agreement upon ninety (90) days prior written notice to Subscriber and, in such event, S&P will refund to Subscriber any unearned subscription fees. 2. Disclaimer of Warranties and Limitation of Liabilities. S&P, ITS AFFILIATES AND THEIR THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE PRODUCT, INCLUDING THE INFORMATION, DATA OR SOFTWARE CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A reference to a particular investment or security, a credit rating or any observation concerning an investment or security provided in the Product is not a recommendation to buy, sell, or hold such investment or security or make any other investment decisions and does not address the suitability of any investment or security. NEITHER S&P, ITS AFFILIATES NOR ANY OF THEIR THIRD-PARTY PROVIDERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE PRODUCT OR ANY COMPONENT THEREOF. NEITHER S&P, ITS AFFILIATES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE PRODUCT. THE PRODUCT AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN 'AS IS' BASIS AND YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR ANY OF THEIR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES, OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NEITHER S&P, ITS AFFILIATES NOR ANY OF THEIR THIRD-PARTY PROVIDERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. In no event shall the cumulative liability of S&P hereunder for damages, regardless of the form of the action, exceed the total fees paid for the current subscription period; and no action, regardless of form, arising from or pertaining to the Product may be brought by Subscriber more than one (1) year after such action has occurred. 3. S&P's Proprietary Rights/Injunctive Relief. All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights and trademark rights) in the Product, including, but not limited to, all information, data, ratings and ratings symbology, software, products and documentation contained or included therein, are and shall remain the sole and exclusive property of S&P, its affiliates and their third-party providers. 4. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. © Copyright 2016 Computrade Systems, Inc. User authorizes Computrade Systems Inc. to charge the account number the User has supplied as part of the signup procedure for the Product. User warrants that he is an authorized user of this account. The User may cancel this authorization in writing by US postal service to Computrade System, Inc 9040 Roswell Road, Suite 340 Atlanta, GA 30350, by fax to (770) 453-9983 or by e-mail to support@marketedge.com. THE USER SHALL NOT CONSIDER THE AUTHORIZATION CANCELLED UNTIL THE USER RECEIVES WRITTEN CONFIRMATION OF THE CANCELLATION FROM COMPUTRADE SYSTEMS, INC. If a charge is rejected by the user's bank, Computrade Systems Inc. may suspend the User's right to use the Product without notice. When the charge does clear the User's bank, no refund of the suspended time will be given. A charge for reinstating a suspended account may be imposed. Computrade Systems, Inc. does not and will not warrant the performance or results that may be obtained while using the Product. In no event shall Computrade Systems, Inc. be liable for any loss or profit or any other commercial damage, including but not limited to special, incidental, consequential or other damages. The Product may contain certain proprietary information (hereinafter "Licensed Information") provided by Standard & Poor's (hereinafter "S&P"), a division of the McGraw-Hill Companies, Inc. User expressly acknowledges by accessing the Licensed Information that: (i) neither Computrade Systems, Inc., S&P, nor any third-party licensor shall have any liability for the accuracy or completeness of the Licensed Information or of the service, or for delays or omissions therein nor for any lost profits, indirect, special, or consequential damages; (ii) Computrade Systems, Inc., S&P and/or any third party licensors have exclusive proprietary rights in the information received; (iii) User shall not use or permit anyone to use the Licensed Information through the Market Edge service for any unlawful or unauthorized purpose; (iv) User is not authorized or permitted to furnish the Licensed Information to any person or firm for reuse or retransmission without the prior written approval of S&P or Computrade Systems, Inc.; and (v) the relevant provisions of this User Agreement are subject to termination in the event that any agreement between Computrade Systems, Inc. and a provider of the Licensed Information and/or the Product is terminated in accordance with its terms. THE FOREGOING WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Computrade Systems Inc. reserves the right to change prices and terms under this agreement upon 30 days written notice, such notice to be sent to the e-mail address User has supplied in the signup procedure. If User does not supply a valid e-mail address, User waives his right to notice. This agreement is non-transferable by the user and is exclusively for the personal use of the User and not for the use of any other person or entity. Any violation of any provision of this agreement by the User may result in immediate termination of the User's privileges under this agreement. Any portion of this Agreement that is determined to be unenforceable or invalid shall be deemed inoperative, and the remainder of this agreement shall continue in full force and effect. This agreement inures to the benefit of Computrade Systems Inc., and its successors and assigns, if any. This is the entire agreement between Computrade Systems Inc. and the User. BY SUBSCRIBING TO THE PRODUCT THROUGH COMPUTRADE SYSTEMS, INC, USER REPRESENTS THAT HE/SHE HAS READ AND UNDERSTANDS THIS USER AGREEMENT AND AGREES TO BE BOUND BY ALL OF THE TERMS AND PROVISIONS CONTAINED HEREIN. |
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