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OWNERSHIP AND LIMITED LICENSE GRANT AND USE
- Limited License Grant. Subject to the terms and conditions of this Agreement, FinDynamics grants to Licensee a non-exclusive, non-transferable, revocable license (without the right to sublicense) to access and use the Products for Licensee’s personal or business purposes, and solely for the number of individual users for which Licensee has requested the Software License. Licensee shall require all of its employees who utilize the Licensed Software to agree to the terms and conditions of this Agreement. Licensee does not acquire any other rights, expressed or implied, in the Products. All rights not expressly granted hereunder are reserved to FinDynamics.
NATURE AND USE OF THE PRODUCTS
- Products. FinDynamics offers the Licensed Software for performing analysis of public financial reports prepared in XBRL format by companies registered with the US Securities and Exchange Commission (“SEC”). FinDynamics does not provide investment advice on the Site or by means of the Products and does not purport to do so. FinDynamics hosts in the cloud and maintains databases of XBRL financial reports submitted to SEC by public companies in the US. The data of the XBRL database is accessed remotely by XBRLAnalyst software for the purpose of financial analysis performed in Microsoft Excel application installed on the user computer. In addition, depending on the XBRLAnalyst software license FinDynamics provides access to the End of Day (“EOD”) Stock Market data for US Equities Markets. Neither FinDynamics nor its partners can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the information on these databases, including, but not limited to information originated or gathered by FinDynamics from SEC or other publicly available sources. There may be delays, omissions, or inaccuracies in the information. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, FinDynamics and its partners are not responsible for errors in or omissions from the information contained or accessed through the Licensed Software. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
- Username/Password. When registering on the Site, the Licensee shall receive an individual username and password. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or others an access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. FinDynamics shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
SERVICE WARRANTY; LIMITATION OF LIABILITY
- Service Delivery. FinDynamics utilizes the Internet including but not limited to the cloud based data servers to provide Database Services to its users. The Internet is a BEST-EFFORT public electronic communications domain. Due to the fact that the Internet comprises a wide range of networks, the volume of network traffic, geographical distance, latency, packet loss, any network outages and/or maintenance can substantially affect possible throughput and dramatically reduce the actual data transmission rate. Because of this, there is no way to guarantee the data transmission rate the user can observer while performing calculations in Microsoft Excel using XBRLAnalyst, even if your Internet subscription/access speed is adequate. FinDynamics can NOT guarantee the database availability or data transmission rate every time.
- Content, Content Access and Availability. FinDynamics does not make any warranties of any kind, either expressed or implied with respect to the Site, content hosting/streaming servers (“Servers”), financial data or any services offered through the Site and the Products. FinDynamics DOES NOT and CAN NOT guarantee Servers and Site uptime, availability, accessibility, security, performance, failover and/or redundancy. Servers, services, goods and content are available on “AS IS”, “AS AVAILIBLE” and “BEST-EFFORT” basis and can be removed/disconnected by FinDynamics or its providers and/or partners at any time with or without notice. FinDynamics shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the inability to access/use the Site, Servers, content, services offered on the Site.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL FINDYNAMICS AND ITS SUPPLIERS HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION), EVEN IF FINDYNAMICS AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS FINDYNAMICS AND ITS SUPPLIERS INCLUDING THEIR EMPLOYEES, DIRECTORS, SHAREHOLDERS AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITYES, DAMAGES, ACTIONS, LOSSES OR CLAIMS IN CONNECTION WITH THE PRODUCTS AND RELATED SERVICES.
- No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
- Termination. In addition to any other rights of the parties set forth herein, FinDynamics reserves the right to restrict, suspend or terminate your access to the Database Services or other Products in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If FinDynamics terminates this Agreement based on a breach of any portion of this Agreement, FinDynamics reserves the right to refuse to provide a subscription or any Database Services to you in the future. The Agreement shall terminate automatically in the event that FinDynamics ceases to have the right to provide the Database Services as part of the Products. Upon any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using the Licensed Software, Documentation, and all other tangible items in Licensee’s possession or control.
- Support Services. FinDynamics is under no obligation to support the Products in any way or to provide any updates or upgrades to Licensee. The support services are provided ON the “BEST-EFFORT” basis.
COPYRIGHT AND INTELLECTUAL PROPERTY
The Products of FinDynamics is the property of FinDynamics and is protected by copyright and intellectual property laws. All rights reserved. You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate the information without the express written consent of FinDynamics. You are entitled to use the information for your personal use only. You are permitted to print off pages from the Site to the extent reasonably necessary for your use of the Site in accordance with utilizing the information for personal purposes.
You also consent that all your feedback and suggestions provided to FinDynamics by email, online chat or by any other means becomes the property of FinDynamics and can be used for improving, extending and enhancing existing products or services of FinDynamics or creating new products and services.
GENERAL AND GOVERNING LAW
- Force Majeure. FinDynamics shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
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