Disclaimers

Customer agrees and acknowledges that the CUSIP database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services (“CGS”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to Customer in such materials or in any of the information contained therein. Any use by Customer outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. Customer agrees that misappropriation or misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, Customer agrees 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 CGS and ABA may be entitled.

Customer agrees that Customer shall not publish or distribute in any medium the CUSIP database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. Customer further agrees that the use of CUSIP numbers and descriptions 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 itself or any third-party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the 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 CUSTOMER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS 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 CUSTOMER 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.

Customer agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.

BATS Global Markets, Inc. (“BATS”) provides the Third-Party Data for this Web Service. NOTWITHSTANDING ANYTHING ELSE IN YOUR AGREEMENT, NEITHER BATS NOR ANY OF ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF USE) (A) THAT THE THIRD-PARTY DATA PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE, OR (B) ABOUT THIRD-PARTY DATA, WHICH MAY CONTAIN ERRORS OR BE INCOMPLETE. You agree that your use of this Third-Party Data is at your sole risk.

Wall Street Horizon, Inc. (“WSH”) provides the Third-Party Data for this Web Service. NOTWITHSTANDING ANYTHING ELSE IN YOUR AGREEMENT, NEITHER WSH NOR ANY OF ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF USE) (A) THAT THE THIRD-PARTY DATA PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE, OR (B) ABOUT THIRD-PARTY DATA, WHICH MAY CONTAIN ERRORS OR BE INCOMPLETE. You agree that your use of this Third-Party Data is at your sole risk.

You shall not, without express written authorization from Provider under your agreement, make the XigniteEarningsCalendar Third-Party Data obtained from this Web Service available other than for password-protected, view-only, use.

When displaying the XigniteEarningsCalendar Third-Party Data in a Distinct Software Application, you must provide Attribution for WSH by displaying the WSH name, logo, URL link, Attribution notice, and Copyright notice. As an example of acceptable Attribution: “Corporate Events Data provided by Wall Street Horizon, Inc.”, where Wall Street Horizon, Inc. is an underlined and clickable URL link to www.wallstreethorizon.com. Also include the copyright notices (c) 20XX Wall Street Horizon, Inc., where 20XX is the current year of display.

The XigniteGlobalMaster and XigniteGlobalOptionMaster APIs contain SEDOL Masterfile® Third Party Data sourced from the London Stock Exchange®. It is your obligation to ensure you have the appropriate license in place with the London Stock Exchange to receive this data. Provider is required to provide your contact information to the London Stock Exchange to allow verification of the license status. Provider is required to exclude SEDOL Masterfile data from the product until as such time as the London Stock Exchange confirms that permission has been granted to do so. The London Stock Exchange may require Provider to cease the provision of the SEDOL Masterfile® data if YOUR is in breach of its license with the London Stock Exchange.

Accounting Research & Analytics, LLC d/b/a CFRA (“CFRA”) provides the Third-Party Data for this Web Service. CFRA, its affiliates and all of their third-party suppliers disclaim any and all warranties and representations, express or implied, including without limitation, warranties of accuracy, timeliness, completeness, merchantability or fitness for a particular purpose or use, as to the CFRA Data, including the information, data, software, applications or products contained therein or the results obtained by their use or the performance thereof. A reference to or any observation concerning a security or investment provided in the CFRA Data is not a recommendation to buy, sell, or hold such investment or security or to make any other investment decisions and does not address the suitability of any investment or security. The CFRA Data should not be relied on and is not a substitute for the skill, judgment and experience of any user of the information contained in the CFRA Data. None of CFRA, its affiliates or their third-party suppliers shall be deemed to be acting as advisors or fiduciaries in providing the CFRA Data. None of CFRA, its affiliates or their respective third-party suppliers shall be subject to any damages or liability for any errors, omissions or delays in the CFRA Data. The CFRA Data and all components thereof are provided on an “as is” basis and all authorized users’ and/or client’s use of the CFRA Data is at the user’s own risk.

You should include the following notice on each screen display/display page of Distinct Software Applications that contains any CFRA Data: “Copyright © 20, Accounting Research & Analytics, LLC d/b/a CFRA (and its affiliates, as applicable). All rights reserved. CFRA content is not investment advice and a reference to or observation concerning a security or investment provided in the CFRA DATA is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions. CFRA, ITS THIRD-PARTY SUPPLIERS, AND ALL RELATED ENTITIES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.”

Arabesque provides the Third-Party Data for this Web Service. You should include the S-Ray® logo and the following notice in a clear and prominent manner on each screen display/display page of Distinct Software Applications that contains any Arabesque Data: “Copyright © Arabesque S-Ray®, 2021. All Rights Reserved. Data Services does not constitute investment advice from Arabesque. Data Services is a statement of opinion and is not a statement of fact or recommendations to purchase, sell or hold any securities. Provision of the Data Services is not an asset management activity by Arabesque, and is not a solicitation or an offer to buy any security or instrument or to participate in any trading”.

Benzinga provides the Third-Party Data for this Web Service. You shall defend, indemnify, save and hold harmless Benzinga and its officers and directors from any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees (“Liabilities”) arising from or related to the Licensed Content and/or your use of the Licensed Content and you shall defend, indemnify, save and hold harmless Benzinga and its officers, directors and agents from any and all Liabilities arising from or related to your use of the Licensed Content in violation of applicable law or regulation. Each Party agrees to (i) promptly notify the other Party in writing of any indemnifiable claim and give the other Party the opportunity to defend or negotiate a settlement of any such claim at such other Party’s expense, and (ii) cooperate fully with the other Party, at the other Party’s expense, in defending or settling such claim. Benzinga reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

CryptoCompare provides the Third-Party Data for this Web Service. You hereby acknowledge that CryptoCompare and its suppliers shall not be responsible for any opinions, recommendations, forecasts or other conclusions made or actions taken by the you, on the CryptoCompare Data.

QuoteMedia provides the Third-Party Data for this Web Service. You must prominently display the following attribution message whenever QuoteMedia Data is displayed on your website, or any other medium: “Financial Market Data powered by Quotemedia.com. All rights reserved. View the Terms of Use. Data delayed 15 minutes unless indicated.” or such other message as QuoteMedia may reasonably require from time to time. You must also ensure that the words “View the Terms of Use”, and “Quotemedia.com”, in the above attribution message are hyper-linked to the following URLs respectively: http://www.quotemedia.com/termsofuse.php; and http://www.quotemedia.com.

You acknowledge that the Third-Party Data available in these Web Services is subject to public display restrictions by OPRA (the Data Owner) for which you are solely responsible as specified in your definitive agreement. Specifically, the display of real-time data from these Web Services on public websites is not allowed.

You acknowledge that EURIBOR data is subject to public display restrictions by European Money Markets Institute (the Data Owner) for which you ares solely responsible as specified in your definitive agreement. Specifically, the display of Live EURIBOR rates data (up to 24 hours delayed) on a public website is not allowed.

The FactSet Research Systems Inc. (“FactSet”) on behalf of itself and its affiliates has agreed to provide you with the right to use, and you agree to use, the FactSet Data described below according to the terms and conditions below.

1. License of Databases, Consulting and Software

1. Subject to the terms and conditions of this Agreement, FactSet grants to you the limited, nonexclusive, nontransferable rights to use its financial data (“FactSet Data”) via the Web Services.
2. All proprietary rights, including intellectual property rights, in the FactSet Data will remain property of FactSet.

1. Restrictions of Use; Proprietary Rights
   1. FactSet provides the FactSet Data solely and exclusively for your internal use and for business purposes only in your business. You will not use or permit any individual or entity under its control to use the FactSet Data for any unlawful or unauthorized purpose.
   2. Except as otherwise expressly provided in this Agreement, you agree that you will not copy, transfer, distribute, reproduce, reverse engineer, decrypt, decompile, disassemble, create derivative works from or make any part of the FactSet Data available to others. You may use Insubstantial Amounts of the FactSet Data in the normal conduct of its business for use in reports, memoranda and presentations to your employees, your agents and consultants, but FactSet and its respective affiliates reserve all ownership rights and rights to redistribute the FactSet Data. “Insubstantial Amounts of the FactSet Data” means an amount of the FactSet Data that (i) has no independent commercial value as a database, (ii) could not be used by you as a substitute for the FactSet Data or any part of it, (iii) is not separately marketed by you, an affiliate of you or a third-party source, and (iv) is not regularly or systematically retrieved in a manner that does not satisfy clauses (i), (ii) and (iii) of this definition. FactSet will have the right to require you to cease its use of the FactSet Data immediately if, in the sole reasonable judgment of FactSet, FactSet believes that your use involves more than an Insubstantial Amount of the FactSet Data.
   3. FactSet represents and you acknowledge that the FactSet Data and its component parts were developed, compiled, prepared, revised, selected and arranged by FactSet or its affiliates through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, money and originality and that they constitute valuable intellectual property and trade secrets of FactSet. At FactSet’s expense and reasonable request, you agree to cooperate with FactSet to protect the proprietary rights in the FactSet Data during the term of this Agreement. You covenant to (i) retain all copyright, trademark, service mark and other proprietary notices contained in the FactSet Data on any copy made by you; and (ii) not modify the FactSet Data in a way that would constitute an infringement of any third party intellectual property rights. You agree to notify FactSet promptly in writing of any unauthorized access or use of which you become aware of or any claim that the FactSet Data or any component parts infringes on any copyright, trademark or other contractual or statutory or common law right. Neither party will use any trademarks, website marks, names, logos, or other identifiers of the other party without the prior written permission of the relevant party. In addition, neither party may use the other party’s trademarks: (i) in, as or as part of that party’s own trademarks or those of any third parties, (ii) in a manner likely to cause confusion, or (iii) in a manner that implies inaccurately that a party sponsors, endorses or is otherwise connected with the other party’s own activities, products or services. You will not, under any circumstances, remove any trademarks, copyrights or other related visual marks and logos from the information provided or from any reproduction or redistribution of such information.
2. Term
   1. FactSet may, in its sole discretion, terminate your use of the FactSet Data for any reason including: (i) breach by you of this Agreement, or (ii) conduct by you that is harmful to FactSet’s business.
   2. You may not use, or assist any third party in using, any portion of the FactSet Data in any way to compete with the FactSet Data. If FactSet believes, in good faith, that you are competing with FactSet, then FactSet may terminate this Agreement, consider the activity a material breach of this Agreement and pursue any and all remedies for the breach.
3. Indemnification
   1. You will indemnify and hold harmless FactSet against all claims or demands by and liabilities to third parties, including without limitation reasonable attorney’s fees, arising from or in connection with YOUR’s breach of any of its representations, warranties or covenants in this Agreement and YOUR’s use of the FactSet Data not in accordance with this Agreement.
4. Warranties and Disclaimers
   1. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE FACTSET DATA IS PROVIDED “AS IS” AND ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE OR OTHERWISE), IN RELATION TO THE FACTSET DATA ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, FACTSET DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND MAKE NO WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY OR SPEED OF DELIVERY OF THE FACTSET DATA. YOU AGREE THAT THE FACTSET DATA IS NOT INVESTMENT ADVICE AND ANY OPINIONS OR ASSERTION CONTAINED IN THE FACTSET DATA DO NOT REPRESENT THE OPINIONS OR BELIEFS OF FACTSET OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES. FactSet does not warrant that the FactSet Data will be uninterrupted, error free, or completely secure. FactSet expressly disclaims any liability for any loss or injury caused in whole or in part by negligence or any other error made by human or machine concerning the production, compilation or distribution of the FactSet Data. YOUR expressly assumes the entire risk for the results and performance of the FactSet Data.
   2. NONE OF FACTSET OR ITS RESPECTIVE AFFILIATES WILL HAVE ANY LIABILITY FOR ANY LOST PROFITS OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF THESE TYPES OF DAMAGES.
5. Governing Law

THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY. You may not bring a cause of action under or related to this Agreement more than one year after you knew or should have known of the cause of action, and in no case more than one year after the termination of this Agreement.

Fenics Software Limited (“Fenics MD”) provides the Third-Party Data for this Web Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, CUSTOMER ACCESS TO AND USE OF THE THIRD-PARTY DATA TRANSFERS NO RIGHT, TITLE OR INTEREST IN THE THIRD-PARTY DATA OR ANY INTELLECTUAL PROPERTY RIGHTS THEREIN. FENICS MD AND OUR SOURCES, AS APPLICABLE, RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN IN THE THIRD-PARTY DATA.

THE THIRD-PARTY DATA DOES NOT CONSTITUTE A RECOMMENDATION OF ANY INVESTMENT PRODUCTS, SECURITIES, FINANCIAL PRODUCTS OR FINANCIAL SERVICES OR ADVICE TO ACT, OR NOT ACT, IN ANY WAY WHATSOEVER. THE THIRD-PARTY DATA IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND CUSTOMER ASSUME THE ENTIRE RISK OF, FENICS MD HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTIES FOR, AND CUSTOMER RELEASE AND DISCHARGE FENICS MD FROM ANY RESPONSIBILITY AND LIABILITY FOR ANY AND ALL CLAIMS, JUDGMENTS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, DEFICIENCIES, COSTS, PENALTIES, INTEREST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, THE REASONABLE FEES AND EXPENSES OF COUNSEL), INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS (COLLECTIVELY, “LOSSES”), ARISING OUT OF OR OTHERWISE RELATING TO ACCESS TO OR USE OF THE THIRD-PARTY DATA OR ANY MALFUNCTION, DELAY, INTERRUPTION, OMISSION OR FAILURE THEREOF AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, FORESEEABLE, KNOWN, OR IF CUSTOMER HAVE BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF, SUCH LOSSES. FENICS MD MAKE NO AND EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS OR GUARANTEES RELATING TO THE THIRD-PARTY DATA INCLUDING, WITHOUT LIMITATION, ANY AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, TIMELINESS, CURRENCY, ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODE, ANY WARRANTIES OR REPRESENTATIONS THAT THE THIRD-PARTY DATA OR ACCESS TO ANY PORTION OF IT WILL BE (I) UNINTERRUPTED OR ERROR-FREE, OR (II) THAT DEFECTS IN THE THIRD-PARTY DATA WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, FENICS MD SHALL NOT HAVE ANY DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY THIRD-PARTY DATA.

Customer should include the following notice on each screen display/display page of Distinct Software Applications that contains any Fenics MD Data: “© <CURRENT YEAR> Content owned and provided by Fenics Software Limited. All rights reserved. Content is provided “as is” without warranties of any kind. Neither the timeliness, accuracy nor completeness of the content is guaranteed.”