Subscriber Terms & Conditions
License Grant and Limitations of Use.
Montel TradeNode AB hereby grants Subscriber a limited, non-exclusive, non-transferable license to use the Service solely for its personal or internal business purposes only. Subscriber shall not reproduce, publish, distribute, or sell the Service in any manner or format without the express written consent of TradeNode. Subscriber further warrants that it shall not allow any person or entity to intercept or otherwise obtain, directly or indirectly, Tradenode's transmission of the Service. If Subscriber manually or automatically transfers the Service to any data processing and/or storage devices, then Subscriber's agrees that the Service will be displayed on a single terminal or video screen and will fully comply with all Source rules and policies.
Regulators and Sources.
A portion of the information transmitted through the Service may consist of prices, quotations, news, and related market and statistical information in regards to certain market data, securities, or commodities, and Tradenode has obtained a license to distribute such information through the Service from various third parties, including but not limited to certain exchanges and contributors, each of which may referred to as a "Source". Subscriber agrees and acknowledges that the Service is the exclusive property of Tradenode and its Sources, not within the public domain. Subscriber shall comply with rules and regulations, including but not limited to any reporting requirements, which are applicable to each Source or governmental entities having jurisdiction. Subscriber agrees to execute and deliver to Tradenode all agreements and other information required by each applicable Source and further agrees to execute and deliver to TradeNode any amendments to any agreements with or required by the Sources which may be required in the future. Subscriber understands and acknowledges that some sources have reserved the right to terminate Service prior to the end of this Agreement. In such event, Tradenode's obligation to provide Service from a terminating Source shall cease and Subscriber's payment obligation shall be adjusted accordingly. Nevertheless, the balance of this Agreement shall not be affected by such partial termination. Further distribution of the Service beyond the limitations outlined herein may subject Subscriber to penalties, fines, additional fees, or liabilities imposed by the Sources, all of which are the sole responsibility of Subscriber. Subscriber further agrees and acknowledges that TradeNode may disclose Subscriber information (except for credit card information) to any Source, government, or regulatory agency without liability to Montel TradeNode AB for such disclosure.
Subscriber agrees and acknowledges that any Service provided pursuant to this Agreement is only advisory in nature, and that the Service may be based on data provided by third parties. Subscriber further agrees and acknowledges the highly speculative nature of the financial and commodity markets, and understands that there are no claims, promises, representations, or warranties of any nature, expressed or implied, with respect to the Service. TradeNode cannot and does not warrant or assume responsibility for the accuracy of the Service. TradeNode's sole obligation and Subscriber's exclusive remedy in the event of any material and continuing non-conformity, defect, or error in the Service shall be to take reasonable corrective actions upon discovery of the problem.
LIMITED LIABILITY AND INDEMNIFICATION.
NOTWITHSTANDING THE FOREGOING, NEITHER TRADENODE NOR ANY OF ITS SOURCES MAKE ANY WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE FOR ANY PARTICULAR USE OR PURPOSE, OR ANY WARRANTY THAT SUCH SERVICE MAY BE RELIED UPON FOR TRADING PURPOSES (SUBSCRIBER SHALL INDEPENDENTLY DETERMINE MARKET PRICES FOR TRADING PURPOSES THROUGH ITS OWN CUSTOMERY TRADING CHANNELS). IN NO EVENT WILL TDTN OR ANY OF ITS SOURCES BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE BY TDTN OR ITS SOURCES, AND IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF TRADENODE OR ITS SOURCES UNDER THIS AGREEMENT (INCLUDING ANY ADDENDA) EXCEED THE TOTAL SERVICE FEES PAID BY SUBSSCRIBER TO TRADENODE DURING THE PRECEDING ONE MONTH PERIOD. IN NO EVENT WILL TRADENODE, ITS SOURCES, OR THEIR MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF TRADENODE HAS BEEN ADVISED OF THE POSSIBILLITY OF SUCH DAMAGES. SUBSCRIBER WILL INDEMNIFY AND HOLD HARMLESS TRADENODE AND ITS SOURCES FROM ANY CLAIM (NOT EXCLUDING THE RIGHT OF TRADENODE OR ITS SOURCES TO PARTICIPATE) DUE TO SUBSCRIBER'S BREACH OF ANY PROVISION UNDER THIS AGREEMENT, OR DUE TO ANY DELAY, INACCURRACIES, ERRORS, OR OMISSIONS OF SERVICE OR DATA PROVIDED BY TDTN, AND SHALL PAY FOR ALL EXPENSES AND ATTORNEYS' FEES RELATING TO SUCH CLAIM.
Termination by TRADENODE.
TRADENODE or its Sources may discontinue the Service, or any portion thereof, for cause and without notice, if Subscriber commits any material breach of this Agreement, including but not limited to, the failure of Subscriber to make any payments due hereunder. In addition, Montel TradeNode AB or its Sources may discontinue the Service, or any portion thereof, without cause and upon thirty (30) days notice to Subscriber, in which case Subscriber will only be liable for the Service fees due up through the date of termination.
Subscriber acknowledges, consents, and agrees that Montel TradeNode AB may access, preserve, or disclose its account information, and any consent if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes, (ii) enforce any agreement between Subscriber and Montel TradeNode AB, (iii) respond to claims that any content violates the rights of third parties, (iv) respond to Subscriber's request for customer service, or (v) protect the rights, property or personal safety of Montel TradeNode AB, its customers, and the public. Notwithstanding the foregoing, any and all information or material which is marked proprietary or confidential and is disclosed or communicated to either party by the other as contemplated by the terms of this Agreement shall remain confidential and proprietary to the disclosing party and shall be used by the receiving party in accordance with the same procedures which such party uses to protect its own proprietary information, unless such information or material (i) is already known to the party receiving it, (ii) is or becomes publicly known through no wrongful act of the receiving party, (iii) is received from a third party without restriction and without breach of this Agreement, (iv) is independently developed by the receiving party, (v) becomes public knowledge by any means beyond the receiving party's control, or (vi) is required by law to be disclosed.
Nothing in this Agreement shall define, imply or be perceived as granting or establishing an exclusive arrangement between the parties.
The parties act as independent contractors of each other. Nothing herein is deemed to constitute the parties as partners, joint venture, or principal and agent. Except as expressly contemplated by this Agreement, the parties have no authority to bind each other legally or equitably by contract, admission, acknowledgment or undertaking or to represent each other as to any matters.
Subscriber will not sell, transfer, or assign its rights or obligations under this Agreement without the prior written consent of Tradenode, which shall not be unreasonably withheld. Tradenode may assign this Agreement without the prior written consent of Subscriber. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives.
If either party is prevented from performing any portion of this Agreement by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, or acts of God, such defaulting party shall be excused from performance for a period equal to the time that such cause has lasted.
This Agreement may be executed in one or more counterparts and by the different parties hereto in separate counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
The headings contained herein are for the convenience of reference only and are not intended to define, limit, expand or describe the scope or intent of any clause or provision of this Agreement.
In the event that one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions contained in this Agreement, which provisions shall remain in full force and effect.
Waiver and Amendment.
The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. Any changes, additions, or waivers to the terms and conditions of this Agreement will be agreed upon by both parties in writing and will be attached as a written document signed by the parties.
Governing Law and Venue.
The validity, construction, and interpretation of this Agreement and all rights and duties of either party herein shall be governed by the substantive laws of the State of Sweden without regard to conflict of laws rules. Subscriber hereby agrees that any action brought by Subscriber against TradeNode shall have jurisdiction and venue only in Sweden. Subscriber agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The sections regarding Limited Liability and Indemnification, Confidentiality, and Governing and Venue shall survive the termination or expiration of this Agreement.
This Agreement, including any exhibits, schedules, or attachments hereto, constitutes the entire understanding of the parties with respect to the subject matter and shall supersede all prior offers, negotiations, and agreements with respect to such subject matter. Any provision of any party's invoices, statements, orders, acknowledgments, or other forms which are inconsistent with or in addition to the provisions of this Agreement shall be of no force or effect unless specifically agreed to in writing by both parties. Montel TradeNode AB reserves the right to update and change, from time to time, these general terms and conditions along with any and all documents incorporated as reference. In the event that any portion of this Agreement is held to be unenforceable, the remaining portions of this Agreement shall be interpreted to give maximum effect to the intent of the Parties. The undersigned hereby agrees to and accepts the foregoing terms and conditions and hereby repudiates any terms and conditions that are inconsistent with the foregoing.