Definitions are set out at the end of these Terms.
USE OF THE SERVICE: Equis grants you a world-wide non-exclusive
and non-transferable right to access the Service, Software and the Site and to
view the Information subject to these Terms. You agree to comply with the
You agree that:
you will not use the Service in breach of these Terms, any
applicable laws, regulations or market conventions;
you are a Nonprofessional Subscriber as defined at the end of
these Terms, and that you will receive the Information solely for your personal,
you will be responsible for obtaining and maintaining all
necessary consents and licenses and for making all filings necessary to receive
or use the Service;
you will not transmit, undertake or encourage the following in
relation to the Service: (i) give
unauthorised investment advice or financial promotions; or use a false address
or name, or (ii) use false details or deceive Equis or other Users.
When Equis provides a Service
which is accessed using a password, account name or other identifier
(collectively, “Password”), you agree that you will (i) ensure each Password is
kept confidential and not shared among individuals, and (ii) notify Equis
promptly if you become aware of any Password being used by a person not
authorized by you to access that Service.
USE OF SOFTWARE: If Equis provides you with Software or access to
Software, you may only use Software in accordance with the instructions, and in
connection with the Services. You are granted a non-exclusive, non-transferable
right to use any Software provided as part of any Service.
LIMITATIONS ON USE: You may use or access the Information only on
a single machine permitting use by a single user with one input terminal. Use by
more than one user accessing a single copy of the Information is not authorized.
Your connection activity to the Service
will be monitored to ensure compliance with these usage limitations.
The Information may only be reproduced when downloaded and viewed by you for
your individual use only. You must not reuse the Information in any other way
including redistributing it. You must not allow any third party to use (a) your
Security Features or (b) the Service in any manner inconsistent with these
Terms. On termination of these Terms, your rights to use the Information and the
You may only make one copy of the Software for archive or backup purposes. You
must erase or destroy any Software upon termination of these Terms. You may not
reverse engineer, decompile, or dissemble the Software, except and only to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. You may not rent, lease or lend or directly or
indirectly transfer the Software to any third party.
DATA PROTECTION/PRIVACY/COMMUNICATIONS: You agree that your
details will be used as set out in Privacy Notice(s). If you become aware any
data about you or provided by you is inaccurate you must promptly notify us by
email at firstname.lastname@example.org.
PROPRIETARY RIGHTS: All intellectual property rights in the
Service, Software and the Information, including without limitation copyright
and database rights, shall remain the property of Equis or its licensors. You
will not remove, conceal, use or amend any copyright, trademark or other
proprietary notice incorporated in the Service or in any Software without the
owner's prior written consent. You will not acquire any intellectual property
rights in the Service, Software or Information and you agree to comply with
notices bringing such rights to your attention and all relevant laws relating to
such rights. Any infringement of the rights of Equis or its licensors may result
in legal action.
THIRD PARTY RIGHTS: You acknowledge that third party information
and software providers may have rights in the Information and/or Software which
they supply and they or another member of the Reuters group of companies may be
a third party beneficiary of these Terms (including, without limitation, any
warranty, disclaimer or limitation of liability) with the right to enforce and
enjoy the protection of these Terms in their own name. Equis can however change
or terminate these Terms without the consent of such third parties. Apart from
these provisions and provisions relating to Digital Signatures, a person who is
not a party to the agreement formed by these Terms shall have no rights under
the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
You agree to comply with any reasonable restrictions or conditions imposed on
the use and access of Information or Software imposed by the relevant third
party provider in order to protect such third party’s legitimate interests.
These may be notified to you by Equis or by such third party. If any restriction
or conditions imposed after your acceptance of these Terms substantially reduces
your ability to use the Service, you may terminate these Terms with effect from
(a) the first day of the next Billing Cycle where your Billing Cycle is monthly
or (b) where your Billing Cycle is annual, thirty (30) days after Equis notifies
you of such restriction or conditions. You may be required to enter into a
separate agreement with a third-party in order to receive a Service that
contains third-party content or software.
FEES: You will be responsible for the payment of all online
charges and for the communication facilities which enable you to access the
Service and any other applicable VAT, sales taxes or similar taxes. Equis may
adjust or change the basis of calculation of the Fees by giving you notice on or
before the commencement of your next Billing Cycle. Such change will be
effective on the first day of the next Billing Cycle. Following notice of an
increase in the Fees, you may terminate your access to the Service. Termination
of your access to the Service will take effect on the first day of the next
Equis will use reasonable endeavours to provide reasonable notice of any change
to Fees which relate to fees imposed by a third party but you agree that these
may change without notice if a change is imposed on Equis by any such third
party. Equis shall be entitled to charge you interest at 1% per month or the
maximum allowed by law (whichever shall be the lower) on any overdue Fees.
PAYMENT: Payment for the Service can only be made via a
credit/debit card or an automated electronic account withdrawal (available for U.S.
customers only). You must subscribe
to at least one major data package.
Monthly and annual subscriptions will be billed to your credit card or withdrawn
from your account on the first day of each Billing Cycle (monthly or annually) until
the Service is cancelled. Charges for monthly and annual subscriptions are not refundable
once billed. Monthly and annual subscriptions will automatically renew unless you
notify us that you want to terminate your service. Termination of your access to
the Service will take effect on the first day of the next Billing Cycle. Charges
for annual subscriptions whose Billing Cycle has completed are not refundable.
Exchange fees for receiving real-time data will only be billed monthly, and are
non-refundable. Exchanges reserve
the right to change these fees at any time.
Equis also reserves the right to change the Service fees at any time.
SECURITY FEATURES: You agree to keep your Security Features
confidential and secure and not to assign, share, sell, barter, transfer,
recklessly compromise them or exchange them. If you learn or suspect that a
Security Feature has been obtained by another person or been compromised or the
security of the Service has been affected, you must promptly notify Equis by
using "Contact Us" and/or take any appropriate security measures. You agree to
cooperate with Equis reasonable security investigations. Any attempt to access
any part of the Site which requires Security Features without the required
Security Features and/or payment of the Fees or any attempt to tamper with
Security Features is unlawful and a material breach of this Agreement and could
result in criminal and/or civil penalties. Equis may change Security Features on
notice to you for security reasons.
DURATION: These Terms will take effect from the date on which
Equis notifies you that you are permissioned for the Service by sending to an
e-mail containing your user id and password.
TERMINATION: Either you or Equis may terminate these Terms at any
time during a Billing Cycle. This notice of cancellation will be effective from
the first day of the next Billing Cycle.
Equis may terminate or suspend your access to the Site, or a Service or any
part, immediately if you are in material breach of any of these Terms and you
fail to remedy such breach (if capable of remedy) within 14 days of Equis
requesting that you do so. Failure to make payment of the Fees when due
constitutes a material breach of these Terms. Equis may terminate or suspend
your access to a Service if you cease to meet the published eligibility criteria
or if any related Service is ended. Equis may without notice suspend yours or
everyone’s access to the Service, for security reasons or where it is reasonable
to do so to protect its or another's legitimate interests.
FORM AND CONTENT: Equis retains control over the form and content
of the Service. Equis may modify or cancel the Service or part of the Service.
Equis shall use reasonable endeavours to give you a minimum of 30 days notice of
a material modification or cancellation. However, you recognize that where the
modification or cancellation is imposed by a third party information provider,
then Equis may be required to give you less notice of a change or modification.
If Equis cancels or substantially modifies the Service or part of the Service,
you may terminate your access to the Service with effect from (a) the first day
of the next Billing Cycle where your Billing Cycle is monthly or (b) where your
Billing Cycle is yearly, thirty (30) days after Equis notifies you of such
change or modification.
WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. NEITHER EQUIS, NOR ITS AFFILIATES, NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, NOR ANY THIRD PARTY INFORMATION PROVIDERS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR HAVE 100% UPTIME
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT OR ANY INFORMATION
PROVIDED THROUGH THE SERVICE.
You are reminded that the Internet is publicly accessible and liable to failure
and delays and therefore Equis cannot guarantee the arrival of messages over the
internet, nor the security of Equis services that use the internet. Equis is not
responsible for any third party software being used by you in relation to this
Service where Equis does not itself directly provide such third party software
to you. Equis is not liable for matters beyond its reasonable control, such as
problems with telecommunications networks, computer viruses, unauthorised access
or issues related to your security arrangements.
THE SERVICE IS PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR AGAINST INFRINGEMENT,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES (BY LAW OR OTHERWISE) OF
MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY THE LAWS
APPLICABLE TO THESE TERMS, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LABOR
DISPUTE, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AN AUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF A RECORD, OR ACT OF GOD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
TO THE EXTENT PERMITTED BY LAWS APPLICABLE TO THESE TERMS, IN NO EVENT SHALL
EQUIS OR ANY OF ITS AFFILIATES, AGENTS OR THIRD PARTY INFORMATION PROVIDERS BE
ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF YOUR DATA, ECONOMIC LOSS OR LOST
PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE UNLESS CAUSED
BY EQUIS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (IN WHICH CASE THE LIABILITY
SHALL NOT EXCEED 12 MONTH’S SERVICE FEES OR IF THE SERVICE IS FREE OF CHARGE
$1000 IN TOTAL FOR EACH SERIES OF CONNECTED EVENTS OR $2000 IN ANY 12 MONTHS);
ANY LOSS WHICH IS NOT REASONABLY FORESEEABLE HOWSOEVER CAUSED.
EVALUATION PERIODS: In some circumstances Equis may make the
Service or any part available to you on an evaluation or pilot basis. In these
circumstances, Equis specifically alerts you to the fact that outages may occur,
content changes may occur and/or navigation may be discontinued. Equis does not
guarantee that a final Service based on the evaluation Service will be released
or that it will be the same or similar to the evaluation or pilot Service.
DOWNLOADS: YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER
ENVIRONMENT IS PROPERLY PREPARED TO RECEIVE ANY DOWNLOAD OF SOFTWARE FROM THE
SITE. EQUIS DOES NOT GUARANTEE THAT ANY SOFTWARE WILL PERFORM SATISFACTORILY
WITH ANY HARDWARE OR SOFTWARE USED BY YOU. YOU AGREE THAT EQUIS WILL NOT BE
RESPONSIBLE FOR ANY REDUCED PERFORMANCE OF ANY SERVICE OR LOSS (INCLUDING LOSS
OF DATA) OR DAMAGE WHICH IS DUE TO YOUR ADDING TO OR ACCESSING ANY SOFTWARE
DOWNLOADED FROM THE SITE IN CONJUNCTION WITH ANY SYSTEM, SOFTWARE, DATA OR
YOU WARRANT AND REPRESENT THAT (A) IN ACCESSING AND USING THE SERVICE YOU ARE
DOING SO ONLY FOR YOUR PERSONAL, NON-COMMERCIAL USE AND WILL NOT COPY, MODIFY,
ADAPT, PUBLISH, RETRANSMIT, REDISTRIBUTE, LEND, SELL, SUBLICENSE, OR OTHERWISE
USE OR TRANSFER THE INFORMATION EXCEPT AS OTHERWISE PERMITTED IN THESE TERMS,
(B) YOU WILL NOT USE ANY INFORMATION CONTAINED IN THE SERVICE IN CONNECTION WITH
ANY BUSINESS OR COMMERCIAL ENTERPRISE, INCLUDING WITHOUT LIMITATION, ANY
SECURITIES, INVESTMENT, ACCOUNTING, BANKING, LEGAL OR MEDIA BUSINESS OR
ENTERPRISE AND (C) THE DETAILS/INFORMATION PROVIDED BY YOU TO EQUIS OR ITS
AGENTS ARE AND WILL CONTINUE TO BE ACCURATE AND YOU HAVE THE RIGHTS TO PROVIDE
YOU INDEMNIFY EQUIS FOR ANY LOSSES, COSTS, CLAIMS OR EXPENSES IT SUFFERS AS A
RESULT OF YOUR BREACH OF THESE TERMS OR AS A RESULT OF YOUR TRADING OR YOUR
OTHER ACTIVITY VIA THE SERVICE.
HYPERLINKS: You may, through hypertext or other computer "links",
gain access to other sites which are not part of this Site. Equis assumes no
responsibility or liability for any material outside of the Site which may be
accessed through any such "link". The provision by Equis of a link to another
site does not constitute an authorization by Equis to access materials at that
site or an endorsement by Equis of any such material.
GOVERNING LAW AND JURISDICTION: THESE TERMS WILL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF STATE OF
NEW YORK. BOTH PARTIES CONSENT TO THE NON-EXCLUSIVE
JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE STATE OF
NEW YORK, AND OF ANY COURT TO WHICH
AN APPEAL THEREFROM MAY BE TAKEN.
EXPORT: You agree to fully comply with all applicable laws and
export regulations. Permanent or temporary residents of the following embargoed
countries are not entitled to register for or access the Service: Cuba; Iran;
Iraq; Libya; North Korea;
Sudan and Syria. Equis may terminate these Terms with
immediate effect if you breach these provisions.
GENERAL: (a) To the extent permitted by laws applicable to these
Terms, these Terms, the Documentation and any statements in respect of test or
evaluation periods represent the final, entire and exclusive agreement between
you and Equis relating to the Service and supersede all other prior agreements
or understandings relating to the Service. (b) Delay or failure by either party
in enforcing these Terms at any time will not constitute a waiver by that party
of its rights or remedies. (c) Equis may modify any of these Terms at any time
by notifying you of any changes by email. Any such changes will be effective
from 24 hours after emailing by Equis. You may terminate these Terms by notice
to Equis if the modification results in a substantial change to your ability to
use the Service with effect from (i) the first day of the next Billing Cycle
where your Billing Cycle is monthly or (ii) where your Billing Cycle is annual,
thirty (30) days after Equis notifies you of such modification. (d) If any part
of these Terms is held to be invalid or unenforceable, the validity or
enforceability of the remainder will not be affected. (e) You may not assign any
of your rights and obligations under these Terms or any part of it and any
assignment made by you shall be ineffective. You agree that Equis may assign any
or all of its rights and obligations to a member of the Reuters group of
companies with your consent not to be unreasonably withheld. You are deemed to
have consented to the assignment if you do not notify us to the contrary within
30 days of our notice to you. (f) Any e-mail which Equis sends you in respect of
the Service shall be deemed effective within 24 hours.
INFORMATION AND SUPPORT: Equis provides certain information and
support in respect of the Service as detailed in this section. You may notify
Equis of your support questions or other comments and Equis shall respond as
soon as is reasonably practicable.
Billing Cycle means each monthly or annual period commencing on
the date Equis accepts your registration details and sends you an email
containing your user id and password.
Documentation means any specific rules, code of conduct, Rule
Books, Certificate Policies or Certificate Practice Statements or similar
documentation Equis issues in relation to the Service.
Fees means the fees charged by Equis from time to time for the
supply of the Service.
Information means all and any information and other content,
whether static or changing, which is provided by Equis as part of the Service.
Equis means Equis International, a Reuters company, whose
principal place of business is at 90 South 400 West,
Salt Lake City, UT
Nonprofessional Subscriber means any person who is not: (i)
registered or qualified with the Securities and Exchange Commission, the
Commodities Futures Trading Commission, any state securities agency, any
securities exchange or association, or any commodities or futures contract
market or association; (ii) engaged as an investment advisor; nor (iii) employed
by a bank or other organization exempt from registration under Federal and/or
state securities laws to perform functions that would require him or her to be
so registered or qualified if he or she were to perform such functions for an
organization not so exempt.
Site means the Service home page and accompanying pages.
Service means MetaStock QuoteCenter, including the Information in
the Service and any Security Features.
Security Features means any passwords, PIN key, smartcard,
physical token or similar or related data or feature.
Software means any software provided as part of or in connection
with a Service.
Terms means these terms and conditions as may be amended from time
Users means users of the Services.