IMPORTANT: READ THIS AGREEMENT BEFORE USING THE SOFTWARE. YOUR USE OF THE SOFTWARE WILL INDICATE YOUR ACCEPTANCE OF ALL THE FOLLOWING TERMS AND CONDITIONS. This End User License Agreement (“Agreement”) is entered into by and between ChartIQ, LLC (“Licensor”) and you, the end user (“Licensee”)
Scope of License
This license granted to You for the Software by Licensor is limited to a non-transferable license to use the Software on any device that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Software on any device that You do not own or control, and You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of the Licensor. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
Representations and Warranties
LICENSOR HEREBY DISCLAIMS, AND LICENSEE HEREBY WAIVES ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SOFTWARE. THE SOFTWARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH THE LICENSEE. PORTIONS OF THE SOFTWARE ARE SUBJECT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.
Licensee understands that each participating national securities exchange or association asserts a proprietary interest in all of the market data it furnishes to the parties that disseminate the data. Licensee also understands that neither any participating national securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information or messages disseminated by any party. No disseminating party shall be liable in any way, and Licensee agrees to indemnify and hold harmless such party, including, but not limited to, Licensor, for any inaccuracy, error message or any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission; (ii) non-performance; (iii) interruption of any such data, information or message, due either to any negligence act or omission by any disseminating party of to any force majeure, (i.e., 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), technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incomplete or delayed computer transmissions, or any other cause. Licensee understands that the terms and conditions of this Agreement may be enforced directly against Licensee by Licensor or by the national securities exchanges and associations providing the market data.
Accuracy of Information
All of the information in this Software is for entertainment and educational purposes only. While the information is believed to be accurate and the analysis is honestly offered, none of the information in this Software should be considered solely reliable for use in making actual investment decisions. The Information is not to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to buy or sell securities of any kind but solely as a resource to Licensee.
Licensor is a distributor (and not a publisher) of content supplied by third parties. None of the information in this Software is guaranteed to be accurate, complete, useful or timely. Licensor and its third-party providers do not warrant or guarantee such accuracy, completeness, usefulness or timelines. Licensor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made in the Software by anyone other than authorized employees or spokespersons while acting in their official capacities. Licensor may make improvements and/or changes in the Information and/or the services described herein at any time.
Market data is provided on an as is basis, is not guaranteed to be available and may be discontinued at any time, either entirely or individual securities.
Licensor reserves the right to modify or change the terms and conditions of this Agreement at any time or terminate Licensee’s access to the Software or any portion thereof in Licensor’s sole discretion, without notice and without limitations, for any reason whatsoever.
Licensee agrees to indemnify and hold Licensor, its affiliates, and any third parties harmless from and against any and all claims, losses, liability, costs and/or expenses arising from Licensee’s violation of this Agreement or any third party’s rights, including but not limited to copyright, proprietary and privacy rights. This indemnification and hold harmless obligation will survive the termination of this Agreement.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOST PROFITS, TRADING LOSSES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The laws of the Commonwealth of Virginia govern this license and your use of the Software. Your use of the Software may also be subject to other local, state, national, or international laws.