This Web Site User Agreement ("Agreement") governs your use of the web site accessible via www.netx360.com (the "Web Site"). PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1. AUTHORIZED USERS, ACCEPTANCE OF TERMS.
Pershing LLC and its affiliates (collectively: "Pershing") have developed this Web Site for the Pershing® NetX360™ platform, comprising certain technology, data, and other services of Pershing and other parties (collectively, the: "System").
Pershing permits certain institutional broker dealers that have a current clearing agreement with Pershing to specifically authorize individuals that are financial professionals to use this System solely for conducting financial services in accordance with the clearing agreement; Such institutional broker dealers are referred to herein as "Authorized Broker(s)", and each financial professional user that is authorized by an Authorized Broker is referred to herein as an "Authorized User".
AS A PRECONDITION FOR ENTERING INTO THIS AGREEMENT, YOU REPRESENT AND WARRANT TO PERSHING THAT AN AUTHORIZED BROKER HAS DESIGNATED YOU AS AN AUTHORIZED USER, AND HAS PROVIDED YOU WITH NECESSARY LOGON CREDENTIALS. NO OTHER PERSONS MAY ENTER INTO THIS AGREEMENT OR ACCESS OR USE THIS WEB SITE.
This Agreement is not intended to alter any other agreement between you, your business, or the Authorized Broker that designated you as an Authorized User, and Pershing or any Pershing affiliate.
2. PROFESSIONAL USE ONLY.
YOU REPRESENT AND WARRANT THAT YOU ARE: (A) REGISTERED OR QUALIFIED WITH THE SECURITIES AND EXCHANGE COMMISSION ("SEC"), THE COMMODITIES FUTURES TRADING COMMISSION, A STATE SECURITIES BUREAU, OR SECURITIES OR FUTURES EXCHANGE OR ASSOCIATION; OR (B) ENGAGED AS AN "INVESTMENT ADVISOR" AS THAT TERM IS DEFINED IN THE INVESTMENT ADVISORS ACT OF 1940 (THE "ACT"), WHETHER OR NOT QUALIFIED OR REGISTERED UNDER THAT ACT; OR (C) EMPLOYED BY A BANK OR OTHER ORGANIZATION EXEMPT FROM REGISTRATION UNDER THE FEDERAL OR STATE SECURITIES LAWS TO PERFORM FUNCTIONS THAT WOULD REQUIRE YOU TO BE SO REGISTERED OR QUALIFIED IF YOU WERE TO PERFORM SUCH FUNCTIONS FOR AN ORGANIZATION NOT SO EXEMPT. YOU REPRESENT AND WARRANT THAT YOU WILL ONLY USE THE WEB SITE FOR YOUR PROFESSIONAL USE.
3. RESTRICTIONS.
You agree that you will not, will not attempt to, and will not knowingly permit or authorize any other person to do or attempt to do, any of the following: (a) use the System for any purpose not specifically set forth in this Agreement; (b) use the System to compete with Pershing in any manner; (c) use the System to develop a service or web site having any functional attributes, visual expressions or other features similar to those of the System; (d) sell, market, license, sublicense, distribute or otherwise grant to any third party any right to use the System, whether on your behalf or otherwise; (e) use the System to conduct any type of service bureau or time-sharing operation or to provide remote processing, network processing, network telecommunications or similar services to any third party, whether on a fee basis or otherwise; or (f) create or recreate the System or re-engineer, reverse engineer, decompile or disassemble any parts of the System.
You agree not to use the System to: (i) violate any local, state, or federal law or regulation or the law or regulation of any foreign government; (ii) directly or indirectly, knowingly or intentionally disrupt or interfere with the functioning of the System in any manner that may have a materially adverse effect on Pershing or any user; or (iii) transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities.
4. PERMITTED PURPOSE.
As an Authorized User, you may use the Web Site to access the System only for use in connection with the business of the Authorized Broker and subject to the terms and conditions of its clearing agreement with Pershing. If you access the System, Pershing may post notices containing additional rules, disclaimers, terms and conditions governing your use of the System which may be updated by Pershing from time to time (the "System Rules"); your continued use of the System following the posting of such System Rules indicates your consent to be bound by them, and your use of the System must comply with the System Rules. It is your responsibility to regularly check and ensure that you are fully aware of and have read and agree to the System Rules.
You acknowledge and agree that you will not use the Web Site for any purpose other than accessing and using the System, in connection with the business of the Authorized Broker, in accordance with the terms of the clearing agreement between Pershing and the Authorized Broker that designated you as an Authorized User, and in accordance with any System.
You agree that you have no interest in or to the System but only a limited right (subject to your compliance with this Agreement) to access it as set forth above, revocable in accordance with the terms of this Agreement. The System, and all right, title and interest in and to the System is and shall remain the property of Pershing, its affiliates and their respective suppliers.
5. CHANGES, SUSPENSION, TERMINATION.
Pershing may alter, augment, suspend or terminate your use of the System or this Agreement, or both, in whole or in part, at any time, and from time to time, in its sole discretion. Any amendments or modifications to the terms of this Agreement shall be notified to you via the System, and shall take immediate effect upon such notification. Your continued use of the System following such notification indicates your consent to be bound by the amendments or modifications to the Agreement. It is your responsibility to ensure that you are fully aware of and have read and agree to any amendments or modifications to the terms of this Agreement. The provision of any access to the System to you does not imply that Pershing has any obligation to provide you access to the System or any particular components thereof. Any access to the System or any components thereof is subject to change, suspension or termination at any time without notice. You agree that any of the foregoing actions of Pershing may be exercised at Pershing's discretion without any liability or other obligation of Pershing to you or any to third party. This Agreement shall terminate automatically if the clearing agreement between Pershing and the Authorized Broker who designated you as an Authorized User terminates. You agree that you shall cease accessing the System upon termination of this Agreement.
6. CONFIDENTIALITY OF IDS AND PASSWORDS
You agree that, as between you and Pershing, you will be responsible for maintaining your password and user ID (or other security methods or devices that give you access to or use of the System) as confidential, and for any activity that occurs via the use thereof. You agree to immediately notify your Authorized Broker that designated you as an Authorized User if: (i) your password or user ID is lost or stolen, or (ii) you become aware of any unauthorized use of your password or user ID or of any other breach of security that might affect them. You agree that, as between you and Pershing, you are responsible for any loss or damage arising from any activity that occurs via the use of your password and/or user ID and any failure by you to comply with the provisions of this section. You agree that You will only access the System with a device with industry standard anti-virus / anti-malware protection, and by use of the standard Pershing authorized login methods, and will not attempt to circumvent the login methods or create hyperlinks into the System.
7. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ACCESS AND USE OF THE SYSTEM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PERSHING, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, OR OTHER THIRD PARTY PROVIDERS (INCLUDING THOSE PROVIDING QUOTES, NEWS AND RESEARCH DATA OR OTHER INFORMATION, SERVICES OR SOFTWARE) EXPRESSLY DISCLAIM THAT THE DATA OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, TIMELINESS, QUALITY, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY OR CONTENT OF ANY DATA, INFORMATION, SERVICES, OR TRANSACTIONS PROVIDED.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSHING OR ANY OF ITS AGENTS, AFFILIATES, OR THIRD PARTY PROVIDERS BE LIABLE FOR LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT) SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, (INCLUDING BUT NOT LIMITED TO DAMAGES FOR TRADING LOSSES, TRANSACTIONS YOU EFFECTED OR FAILED TO EFFECT; PROCURING, COMPILING, EDITING, WRITING, REPORTING OR DELIVERING ANY DATA THROUGH THE USE OF THE SYSTEM; PERSHING'S REVIEW OR FAILURE TO REVIEW ANY DATA PROVIDED THROUGH THE USE OF THE SYSTEM; ANY LINK PROVIDED IN CONNECTION WITH THE SYSTEM; OR ANY DAMAGES RESULTING FROM USE OF OR INABILITY TO USE THE SYSTEM (WHETHER SUCH DAMAGES ARE INCURRED OR EXPERIENCED AS A RESULT OF ENTERING INTO OR RELYING ON THIS AGREEMENT OR OTHERWISE, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS CLAUSE 8 SHALL LIMIT OR EXCLUDE THE LIABILITY OF A PARTY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE.
9. CONFIDENTIALITY
The content of this Agreement, and all nonpublic documentation, operational information, and technical information related to the System are "Confidential Information". The Confidential Information, and all right, title and interest in and to the Confidential Information is and shall remain the property of Pershing and its suppliers. You agree that you will not disclose any Confidential Information to any third party, or use any Confidential Information for any purpose other than to use the System in accordance with this Agreement.
10. JURISDICTION
You agree that this Agreement and the relationship between you and Pershing will be governed by the laws of the State of New York, without respect to its conflicts of law provisions. You agree that the sole and exclusive jurisdiction for all actions and proceedings relating directly or indirectly to this Agreement shall be the Federal and State courts located in the City, County and State of New York. You acknowledge and agree that such courts are convenient forums and irrevocably submit to the personal jurisdiction of such courts. YOU AND PERSHING WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
11. NOTICE
Pershing may provide notice to you by e-mail or regular mail. Pershing may also provide notice of changes to the terms and conditions of this Agreement at any time, and from time to time, by displaying notices to you through the System.
12. SYSTEM INFORMATION
You agree that Pershing may gather system information about your computer and/or other device that accesses the System, which may include data regarding memory usage, screen resolution, color palette, connection speed, efficiency, user logs, and the like.
13. INJUNCTIVE RELIEF
In addition to all other remedies available at law or in equity, Pershing shall be entitled to injunctive relief to enforce the terms of this Agreement, and you agree not to raise as a defense in any such action that Pershing would be adequately compensated by monetary damages.
14. MISCELLANEOUS
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Pershing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. This Agreement may not be transferred, assigned or disclosed by you to any other party. This Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of Pershing. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement. The terms of articles 3, 6, 7, 8, 9, 10, 11, 14 and 15 shall survive the expiration or termination of this Agreement.
15. EXPORT.
You agree this Agreement and the performance hereof are subject to compliance with any and all applicable United States laws, regulations, or orders, including those that may relate to the export of technical data, and you agree to comply with all such laws, regulations and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act, as may be amended. . You agree that you will not disclose or re-export any information, software or items to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless you have obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
If you have questions about these Terms and Conditions, please contact your account manager or the Home Office.
If you agree to the foregoing Terms and Conditions, please indicate your agreement by clicking the box labeled "I agree." If you do not agree to these Terms and Conditions, please click "I do not agree" and do not use the software and service at this time.
Bolsa Mexicana de Valores, S.A.B. de C.V. ("BMV")Market data from BMV ("BMV Data") is the exclusive property of BMV and is protected by intellectual property laws. You agree to only use the BMV Data internally at your own company. You agree You will not externally redistribute any BMV Data. You agree not to store, copy, reproduce, and/or otherwise use the BMV Data in any manner other than in connection with your permitted use of NetX360. You agree not take any action which may modify the design or functionality of the delivery of the BMV Data via NetX360. BMV will not be responsible for any damages You incur due to delays, discontinuity, errors or omissions in the BMV Data that may occur because of human errors in the capture, process, transmission, reception or presentation of the BMV Data. You agree that BMV (itself or via an appointed third party) has the right to conduct audits of your use of BMV Data, including the right to inspect documents and Your technical infrastructure, systems and controls at Your premises, and You agree to assist BMV upon its request with its audits related to your use of the BMV Data. BMV will not be liable for losses and special or consequential damages, including without limitation: losses of business profits or revenue or loss of BMV Data.
Copyright© 2007-2015 Pershing LLC. All Rights Reserved.
Unless otherwise specified, the content of this service is owned or licensed by Pershing LLC and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The material provided in this service, including graphic images, buttons, and text, may not be reproduced, republished, transmitted, or distributed in any way, without the prior written permission of Pershing. Modification of the materials or use of the materials for any other purpose is a violation of Pershing's or its third-party information providers' copyrights and other proprietary rights. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Pershing or any third party. PERSHING AND OTHER PROVIDERS OF MATERIALS AND CONTENT FOR THIS SERVICE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. REFERENCE TO A FUND OR SECURITY INCLUDED ANYWHERE IN THIS SERVICE IS NOT A RECOMMENDATION TO BUY, SELL OR HOLD THAT, OR ANY OTHER SECURITY. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any other services to which the System may link, and neither Pershing nor any other party take any responsibility therefor. A link from the System to another service outside of the System is not an endorsement of the service, its content or its sponsoring organization. By using the System, you accept at your own risk that the internet and online communications medium may not perform as intended despite the efforts of Pershing, your Internet service provider and you.
THIRD-PARTY RIGHTS.The following sets forth certain third-party rights in the software and data that appears in or is used by the System. In so far as is permitted by applicable law, such third parties identified below shall have the right to bring an action directly against you in the event that you breach any of their relevant terms or infringe any of their rights, as set out below:
A-T Financial Information, Inc.Some data is provided by A-T Financial Information, Inc. © 2001 A-T Financial Information, Inc., a Thomson Financial Company. All rights reserved.
Bridge Information Systems America, Inc.Some of the data contained herein originates from Bridge Information Systems America, Inc.
SSL Plus.Portions of the software are based on SSL Plus: SSL 3.0 Integration Suite™, which is Copyright © 1996 by Consensus Development Corporation, All Rights Reserved. Portions are Copyright © 1996 by Netscape Communications Corporation, All Rights Reserved. SSL Plus, a security toolkit ("Toolkit") is a "commercial item" as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7201-4 (June 1995), all U.S. Government end users acquire the Toolkit with only those rights set forth herein. In addition, all technical data relating to the Toolkit or any derivative work is subject to limitations as specified herein, so long as these Terms and Conditions are in effect. Consensus Development Corporation, located at 1563 Solano Avenue, #355, Berkeley, CA 94707-2116, is a third-party beneficiary to these services and conditions to the extent that these services and conditions contain provisions that relate to your use of the Toolkit and documentation, and that designation is expressly for the benefit of Consensus and is enforceable by Consensus in addition to Pershing.
Dow Jones Newswires.NetX360 contains data provided from the Dow Jones Newswires®. You agree that you will not use, redeliver or redistribute any information contained in the Dow Jones Newswires except as expressly authorized in this or any other subscription agreement. The Dow Jones Averages℠ and The Dow Jones Global Indexes℠ are compiled, calculated and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of The Dow Jones Averages and The Dow Jones Global Indexes℠ © 1997 Dow Jones & Company, Inc. All Rights Reserved. "Dow Jones℠," "The Dow Jones Indexes℠," "The Dow Jones Averages℠," "Dow Jones Industrial Average℠," "DJIA℠," "Dow Jones Transportation Average℠," "DJTA℠," "Dow Jones Utility Average℠," "DJUA℠," "Dow Jones Composite Average℠," "The Dow Jones Global Indexes℠," "DJGI℠" and names of the component indexes of The Dow Jones Global Indexes℠ are famous, well-known and internationally recognized trademarks of Dow Jones & Company, Inc. and have been licensed for use.
DST International.NetX360 may contain data from DST International North America Limited.
First Call Corporation.NetX360 may contain data from First Call Corporation ("FCC"). FCC maintains and distributes Real Time Earnings Estimates (the "FCC Service"). (a) You acknowledge and agree that the FCC Service is confidential and is intended exclusively for your internal use. You agree that you will not during the term of these Terms and Conditions or thereafter copy, redistribute, disclose, furnish or sell the FCC Service or any part thereof in any form to any other firm, person or entity without the express written consent of FCC, and, in particular you will not publish, resell or disclose any data generated by any third-party data provider (a "Source") to any competitor of that Source. (b) You acknowledge and agree that all proprietary rights in the FCC Service are and shall remain the property of FCC and the Sources, and you shall have no right or interest in the FCC Service except the right to use the FCC Service upon the terms and conditions contained in these Terms and Conditions. You acknowledge that the FCC Service was compiled, prepared, selected and arranged by FCC and the Sources through the expenditure of substantial time, effort and money and that it constitutes valuable property of FCC and the Sources. (c) You acknowledge: (i) that data does not constitute a recommendation to buy or sell securities of any kind, (ii) that FCC has not undertaken any liability or obligation relating to the purchase or sale of any securities for or by you, and (iii) that FCC may alter or delete elements or enhance the FCC Service from time to time and offer additional capabilities at appropriate fees.
Macromedia Shockwave.This product features Macromedia Shockwave™, the standard for multimedia on the World Wide Web. For further information regarding Shockwave, including upgrades and add-ons that may be available, visit the Shockwave section of the Macromedia World Wide Website at http://www.macromedia.com. The Macromedia software contains software from Shockwave™ Copyright 1995-1997 Macromedia, Inc. All Rights Reserved. Shockwave is a trademark of Macromedia, Inc. The Macromedia software is "Restricted Computer Software." Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and Conditions and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19 or FAR 52.227-14, as applicable. You agree that you will not copy, redistribute, decompile, reverse engineer, disassemble or reduce to human-readable form the Macromedia software. Macromedia, Inc. retains title to and ownership of the Macromedia software. Macromedia, Inc. disclaims all implied warranties, including, but not limited to, warranties of fitness for a particular purpose, merchantability and non infringement. Macromedia, Inc. limits any and all liability, whether for breach of a warranty of performance, infringement or for any alleged consequential damages, to replacement of the Macromedia software or a refund of the price paid for it.
Castanet.The Software contains Castanet™ technology from Marimba, Inc. Copyright © 1996-1999 Marimba, Inc. All Rights Reserved. As defined in Federal Acquisition Regulations (FAR) section 2.101 (or otherwise), portions of the software and accompanying documentation licensed in these Terms and Conditions are deemed to be "commercial items" and "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or documentation by the U.S. Government shall be governed by these Terms and Conditions and shall be prohibited except to the extent expressly permitted by these Terms and Conditions.
RSA Data Security.The software contains security software from RSA Data Security, Inc. Copyright 1994 RSA Data Security, Inc. All Rights Reserved. You acknowledge that the software contains software (the "RSA Software") licensed to Pershing by RSA Data Security, Inc. ("RSA"). You agree that you will not use the Software to operate a service bureau or other revenue-generating service business. You further agree that you will not copy, modify, translate, reverse engineer, decompile, disassemble, sell, lease, rent, reproduce, license, sublicense or otherwise distribute the RSA Software or any part thereof. By reason of these Terms and Conditions or the performance hereof, you acquire no rights of any kind in any RSA trademark, trade name, logo or product designation under which the RSA Software was or is marketed and you may not make use of the same for any reason except as authorized by these Terms and Conditions or otherwise authorized in writing by RSA. In no event will RSA be liable to you for indirect, incidental, special, consequential or exemplary damages arising out of or related to these Terms and Conditions, including, but not limited to, lost profits, business interruption or loss of business information, even if you have been advised of the possibility of such damages. These Terms and Conditions are expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the RSA Software which may be imposed from time to time by the government of the United States of America. You agree that you will not export or reexport, directly or indirectly, any RSA Software to any country to which such export is restricted or prohibited, or as to which such government or any agency thereof requires an export license or other governmental approval at the time of export or reexport without first obtaining such license or approval. Use, duplication, disclosure or acquisition by the U.S. Government is subject to restrictions as set forth in these Terms and Conditions and as provided in DFARS 227.7202-1 and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), DFARS 227.7014(a)(I), FAR 12.212(a)(1995), FAR 52.227-19 or FAR 52.227-14, as applicable.
S&P Products.Certain data contained herein is Copyright © 2001 The McGraw-Hill Companies, Inc. Standard & Poor's ("S&P") is a division of The McGraw-Hill Companies, Inc. Reproduction of S&P Marketscope or S&P Snapshot ("S&P Products") in any form, other than one (1) copy for your personal use, is prohibited except with the written permission of S&P. Because of the possibility of human or mechanical error by S&P's sources, S&P or others, S&P does not guarantee the accuracy, adequacy, completeness or availability of any data and is not responsible for any errors or omissions or for the results obtained from the use of such data. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any indirect or special or consequential damages in connection with your or others' use of the data. You acknowledge that the S&P Products, including the information, data, analysis, software and other materials contained therein, is compiled, prepared, revised, selected and arranged by S&P and/or its third-party licensors through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money. You agree to honor and comply with reasonable requests made by S&P and/or its third-party licensors to protect the copyrights and other proprietary rights in and to the S&P Products and the information, data, analysis, advice, software and other material contained therein. Use of S&P Products is for your internal use only, except that you are permitted to use and promote the S&P Products to customers or potential customers of your business. Such permitted distribution of the S&P Products are subject to the following: (1) the S&P Products cannot be photocopied, (2) the S&P Products must be disseminated on a no-charge basis, (3) the S&P Stock Report must be disseminated in its entirety, (4) only limited excerpts from S&P MarketScope may be distributed, (5) neither of the S&P Products may be distributed later than seven (7) days following the date of reporting. Such information shall not be electronically stored in your computer system.
GICS Terms & Conditions of Use.Certain information herein consists of The Global Industry Classification Standard ("GICS®") industry classification data. GICS® was developed by and is the exclusive property of Morgan Stanley Capital International Inc. ("MSCI") and Standard & Poor's ("S&P"). GICS® is a service mark of MSCI and S&P and has been licensed for use by Lockwood and its affiliates. For purposes of this and the following three paragraphs, "Licensee" shall refer to Lockwood Advisors, Inc. and/or Pershing LLC, as applicable, the "GICS® Service" shall refer to the GICS® industry classification service(s) and data available in the Licensee service, and "Licensee service" shall refer to any information contained herein or on any report printed therefrom.
With respect to GICS® data contained on the Licensee service, you hereby agree to the following: (i) Neither Licensee, S&P, their affiliates nor any third-party licensor shall have any liability for the accuracy or completeness of the information or software furnished through the Licensee service, or for delays, interruptions or omissions therein nor for any lost profits, indirect special or consequential damages; (ii) either Licensee, S&P, their affiliates or third-party licensors have exclusive proprietary rights in any information and software received; (iii) you shall not use or permit anyone to use the information or software provided through the Licensee service for any unlawful or unauthorized purpose; (iv) you are not authorized or permitted to furnish such information or software to any person or firm for reuse or retransmission without prior written approval of the source of such information or software; and (v) your use of the GICS® Service will be solely for your personal non-commercial use or internal use for business purposes, as applicable.
In addition, with respect to GICS® Service, you represent that (a) you will not redistribute the GICS® Service in any form or manner to any third party other than to your end clients pursuant to an agreement with Licensee; (b) you will not use or permit anyone else to use the GICS® Service to create any securities products or indices based on the GICS® Service or any portion thereof; (c) you will treat the GICS® Service as proprietary to MSCI and S&P; and (d) you will not, other than as expressly permitted in Licensee's agreement with MSCI or S&P (i) alter, modify or adapt any component of the GICS® Service, including, but not limited to, translating, decompiling, disassembling, reverse engineering or creating derivative works, (ii) use the GICS® Service to verify the accuracy of other data or to correct such other data, or (iii) resell or otherwise transfer or make the GICS® Service, or any part or component thereof, available to any other person or organization (including, without limitation, your present and future parents, subsidiaries or affiliates) directly or indirectly, for any of the foregoing or for any other use, including, without limitation, by loan, rental, service bureau, external time sharing or similar arrangement. Further, you acknowledge that (i) Licensee at the direction of S&P or MSCI may, in its sole and absolute discretion and at any time, terminate your right to receive and/or use the GICS® Service; (ii) provision of the GICS® Service is subject to termination in the event that the relevant agreement between Licensee and MSCI or S&P is terminated in accordance with its terms; (iii) MSCI and S&P are the sole and exclusive owners of the GICS® Service (including all trade secrets, copyrights, trademarks and other intellectual property rights in or to the GICS® Service); (iv) S&P or MSCI is a third party beneficiary of this section relating to the GICS® Service; and (v) you agree to indemnify and hold harmless Licensee, its information providers, and any other third party involved in or related to the making or compiling of the GICS® Service, from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs, as incurred, arising in any manner out of the your or any third party's use of, or inability to use, the GICS® Service or any breach by you of the use restrictions regarding the GICS® Service.
GICS® DATA ARE PROVIDED TO YOU ON AN "AS IS" BASIS. LICENSEE, ITS INFORMATION PROVIDERS, AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE GICS® DATA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GICS® DATA (OR THE RESULTS TO BE OBTAINED BY THE USE THEREOF). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE, ITS INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING ANY OF THE DATA EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ORIGINALITY, ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK OF ANY USE YOU MAY MAKE OF THE GICS® DATA. IN NO EVENT SHALL LICENSEE, ITS INFORMATION PROVIDERS OR ANY THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE GICS® DATA, BE LIABLE TO YOU, OR ANY OTHER PERSON, FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR INABILITY TO USE THE GICS® DATA, REGARDLESS OF THE FORM OF ACTION, EVEN IF LICENSEE, ANY OF ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE GICS® DATA HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES.
Some data provided in connection with the services originates from Thomson Investors Network. Copyright Thomson Investors Network, 2001. All Rights Reserved.
iText#.This Software uses iText# (iTextSharp) to generate some of the PDF files. iText# is a part of iText open source java library for PDF generation written entirely in C# for the .NET platform. iText# is released under Affero GPL license. Complete license document of iText# and AGPL license are available as part of the source code which can be downloaded from the following link . In case of any issues in downloading the source code, please contact Pershing.
Microsoft.The software may contain software or other content adapted from Microsoft patterns & practices Enterprise Library, © 2006 Microsoft Corporation. All rights reserved.
Interactive Data Real-Time Services, Inc. (IDC) Terms & Conditions of Use.NetX360 may contain data provided to Pershing by Interactive Data Real-Time Services Inc. ("IDC"). Neither Pershing LLC ("Pershing"), IDC, their affiliates, nor any third-party licensor shall have any liability for the accuracy or completeness of the information or software furnished through the NetX360 Platform ("NetX360"), or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages. Either Pershing, IDC, their affiliates or third-party licensors have exclusive proprietary rights in any information and software received. You shall not use or permit anyone to use the information or software provided through NetX360 for any unlawful or unauthorized purpose. You are not authorized or permitted to furnish such information or software to any person or firm for reuse or retransmission without prior written approval of the source of such information or software. Where applicable, you will make application to and receive written approval for receipt of the IDC Data from each and every Stock Exchange, Commodity Exchange or other provider or source of the data (collectively the "Sources") prior to commencing receipt of the IDC data and agree to comply with any conditions, restrictions or limitations imposed by any of the Sources, including paying all such fees or charges as such Sources may impose either directly or through IDC or Pershing LLC. Access to the IDC Data is subject to termination in the event that any agreement between you and/or Pershing and IDC and/or any Source is terminated; also, Sources may have the right to terminate provision of data to you with or without notice; Neither any such Source, IDC, nor Pershing shall have any liability in connection therewith.
HKEx Information Services LimitedHKEx Information Services Limited, its holding companies and/or any subsidiaries of such holding companies endeavor to ensure the accuracy and reliability of the Information provided but do not guarantee its accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions."
Dow Jones & Company, Inc. Terms and Conditions of UsePershing is providing you with services including, but not restricted to, information provided by Dow Jones & Company, Inc. ("Dow Jones") related to the Dow Jones Industrial Average and other indexes (the "Dow Jones Data"). In order to access and use the Dow Jones Data, you must agree to comply with the conditions imposed on your use of the services, as set out in these Terms and Conditions of Use and elsewhere in the Pershing services.
The Dow Jones Data is the exclusive property of Dow Jones. The data is protected by copyright and other intellectual property laws and all ownership rights remain with Dow Jones or its licensor, as the case may be. You may use the Dow Jones Data only in accordance with these Terms and Conditions of Use and the requirements set out elsewhere on the services. You may not copy, distribute or redistribute the Dow Jones Data (or any portion thereof), including by caching, framing or similar means, or sell, resell, re-transmit or otherwise make such data retrieved from Pershing's services available in any manner to any third party.
The Dow Jones Data is provided "as is." Dow Jones shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the Dow Jones Data or any other information supplied to you through the Pershing services; or (ii) any decision made or action taken by you or any third party in reliance upon such data or information. Dow Jones shall not be liable to you or any third party for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, arising out of use of the Dow Jones Data, even if advised of the possibility of such damages incurred by you or any third party. Dow Jones does not provide any guarantee or warranty, express or implied, regarding the Dow Jones Data with respect to the accuracy, adequacy, quality, timeless, non-infringement, title, fitness of any information for a particular purpose or use of such data, and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any Dow Jones Data.
These terms and conditions constitute the entire agreement between you and Dow Jones and supersede any other agreements or representations with respect to the Dow Jones Data. The failure of either party to these terms and conditions, at any time, to require performance by the other party of any provision hereof shall in no way affect the full right to require such performance at any time hereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If and to the extent that any court of competent jurisdiction holds any provision of these terms and conditions to be invalid or unenforceable in a final non-appealable order, such holding shall in no way affect the validity of the remainder of this Agreement. These terms and conditions shall be governed by the laws of the State of New York, United States of America without regard to the conflicts of law principles thereof.
Reuters LimitedReuters content is the intellectual property of Reuters Limited. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Reuters, Reuters Logo and the Sphere Logo are trademarks and registered trademarks of the Reuters Group of companies around the world.
FolioDynamix Terms and Conditions of Use:One application available through NetX360 uses FolioDynamix. (the "Contractor").
Customer acknowledges that Contractor does not check the validity of the Pricing Information against any other source. Customer acknowledges and agrees that there may be defect(s) in the Pricing Information and that Contractor shall have no responsibility for checking and confirming the validity of such Pricing Information.
(a) NEITHER CONTRACTOR NOR ANY PRICING VENDOR OR THIRD PARTY SUPPLIER, NOR ANY OF THEIR RESPECTIVE AFFILIATES NOR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE PRICING INFORMATION OR ANY COMPONENT THEREOF, OR AS TO RESULTS TO BE ATTAINED BY CUSTOMER, USERS OR OTHERS FROM THE USE OF, OR INABILITY TO USE, THE PRICING INFORMATION.
(b) CUSTOMER HEREBY ACKNOWLEDGES THAT, WITH RESPECT TO THE PRICING INFORMATION OR ANY COMPONENT THEREOF NEITHER CONTRACTOR NOR THE PRICING VENDORS NOR THIRD PARTY SUPPLIERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE, MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY OTHER MATTER, AND THAT CUSTOMER HAS NOT RELIED UPON ANY WARRANTY, GUARANTY, OR REPRESENTATION MADE BY CONTRACTOR, ANY PRICING VENDOR, THIRD PARTY SUPPLIER OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS.
(c) NEITHER CONTRACTOR NOR ANY PRICING VENDOR OR THIRD PARTY SUPPLIER, NOR ANY OF THEIR RESPECTIVE AFFILIATES NOR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS SHALL BE SUBJECT TO OR LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) OR LIABILITY FOR ANY INACCURACIES, ERRORS, OMISSIONS, INTERRUPTIONS, MALFUNCTIONS OR DELAYS IN THE PRICING INFORMATION OR RESULTING FROM THE PRICING INFORMATION. THE PRICING INFORMATION AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND USE OF THE PRICING INFORMATION IS AT CUSTOMER'S AND USER'S OWN RISK. WITHOUT LIMITING THE FOREGOING, NEITHER CONTRACTOR NOR ANY PRICING VENDOR OR THIRD PARTY SUPPLIER SHALL HAVE ANY LIABILITY WHATSOEVER TO CUSTOMER, CLIENT, USERS OR ANY THIRD PARTY, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY CUSTOMER, USERS OR OTHER THIRD PARTIES, WHETHER OR NOT BASED ON THE PRICING INFORMATION. IN NO EVENT SHALL CONTRACTOR NOR ANY PRICING VENDOR BE LIABLE FOR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PRICING INFORMATION OR LOST PROFITS OR REVENUE, THE COSTS OF RECOVERING SUCH PRICING INFORMATION, THE COSTS OF SUBSTITUTE PRICING INFORMATION, CLAIMS BY THIRD PARTIES FOR OTHER SIMILAR COSTS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE PRICING INFORMATION.
(d) CUSTOMER ACKNOWLEDGES THAT THE PRICING INFORMATION IS INTENDED FOR USE AS AN AID IN MAKING INFORMED JUDGMENTS CONCERNING SECURITIES. CUSTOMER ACKNOWLEDGES THAT PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. CUSTOMER ACCEPTS RESPONSIBILITY FOR AND, ACKNOWLEDGES THAT EACH USER EXERCISES ITS OWN INDEPENDENT JUDGMENT IN SELECTING AND DETERMINING TO USE THE PRICING INFORMATION, AS WELL AS HOW IT DECIDES TO MAKE USE OF THE PRICING INFORMATION, AND ANY RESULTS OBTAINED. NOTHING HEREIN SHALL BE DEEMED TO BE A WAIVER OF ANY RIGHTS EXISTING UNDER APPLICABLE LAW FOR THE PROTECTION OF INVESTORS.
(e) CUSTOMER ACKNOWLEDGES THAT NEITHER CONTRACTOR, NOR ANY PRICING VENDOR NOR THIRD PARTY SUPPLIER SHALL HAVE ANY LIABILITY FOR A USER'S USE OF THE PRICING INFORMATION OR FOR ANY CLAIM MADE BY A THIRD PARTY AGAINST CUSTOMER WITH RESPECT TO THE PRICING INFORMATION. NEITHER PRICING VENDORS NOR THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY A THIRD PARTY. NEITHER PRICING VENDORS NOR THIRD PARTY SUPPLIERS SHALL BE LIABLE FOR (I) ANY DAMAGES, INCLUDING LOST PROFITS, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH); (II) ANY DELAY BY REASON OF CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING ACTS OF CIVIL OR MILITARY AUTHORITY, NATIONAL EMERGENCIES, LABOR DIFFICULTIES, FIRE, MECHANICAL BREAKDOWN, FLOOD OR CATASTROPHE, ACTS OF GOD, INSURRECTION, WAR, RIOTS, OR FAILURE BEYOND ITS CONTROL OF TRANSPORTATION OR POWER SUPPLY; OR (III) ANY CLAIM THAT AROSE MORE THAN ONE YEAR PRIOR TO THE INSTITUTION OF SUIT THEREFOR.
CUSIP Data - Disclosure Notice and Additional TermsThe NetX360 Platform and related services may display security identifiers and related descriptive information ("CUSIP Data") provided by CUSIP Global Services ("CGS"). You agree that the following terms and conditions shall apply to CUSIP Data and shall survive any termination of Your right of access to the NetX360 Platform. If you have a separate license agreement with CGS for CUSIP Data, your use of the CUSIP Data will be governed by the terms and conditions of such license agreement and not this Disclosure Notice and Additional Terms.
You agree and acknowledge that CGS asserts that the CUSIP Data including the information contained therein is and shall remain valuable intellectual property owned by or licensed to CGS and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to You. Any use by You outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. Misappropriation or misuse of such materials may cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, You agree that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which they may be entitled.
You agree that You shall not publish or distribute in any medium the CUSIP Data or summaries or subsets thereof to any person or entity except: (1) in connection with the normal clearing and settlement of security transactions or (2) for Your personal, noncommercial use if You are a consumer. You further agree that the inclusion of CUSIP Data in the NetX360 Platform and related services is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for You or any third party, and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER PRINT, DB, INTERNET, ELECTRONIC Services and/or any other future services developed by CGS.
NEITHER CGS, ABA, NOR ANY OF THEIR AFFILIATES, MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESUTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA, NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
Bolsas y Mercados Españoles.Market data from Bolsas y Mercados Españoles ("BME Data") is provided by BME Market Data ("BMEMD"). You agree to only use the BME Data internally at your own company. You agree You will not redistribute any BME Data. You agree not to store, copy, reproduce, and/or otherwise use the BME Data in any manner other than in connection with your permitted use of NetX360. You agree not take any action which may modify the design or functionality of the delivery of the BME Data via NetX360. You agree that BMEMD has the right to conduct audits of your use of BME Data, including BMEMD's inspection of documents and Your technical infrastructure at Your premises, and agree to assist BMEMD upon its request with its audits of your use of the BME Data. You acknowledge BMEMD's intellectual and/or industrial property rights over the BME Data, as well as, any intellectual and/or industrial property rights over the BME Data held by third parties.
Bolsa Mexicana de Valores, S.A.B. de C.V. ("BMV")Market data from BMV ("BMV Data") is the exclusive property of BMV and is protected by intellectual property laws. You agree to only use the BMV Data internally at your own company. You agree You will not externally redistribute any BMV Data. You agree not to store, copy, reproduce, and/or otherwise use the BMV Data in any manner other than in connection with your permitted use of NetX360. You agree not take any action which may modify the design or functionality of the delivery of the BMV Data via NetX360. BMV will not be responsible for any damages You incur due to delays, discontinuity, errors or omissions in the BMV Data that may occur because of human errors in the capture, process, transmission, reception or presentation of the BMV Data. You agree that BMV (itself or via an appointed third party) has the right to conduct audits of your use of BMV Data, including the right to inspect documents and Your technical infrastructure, systems and controls at Your premises, and You agree to assist BMV upon its request with its audits related to your use of the BMV Data. BMV will not be liable for losses and special or consequential damages, including without limitation: losses of business profits or revenue or loss of BMV Data.
PDFium.The software uses PDFium, an open-source PDF rendering engine. PDFium Copyright 2014, PDFium Authors. All rights reserved.
Redistribution and use of PDFium in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
