License Agreeement
This License Agreement (the 'Agreement') is entered into between FirstRate Data LLC ('Vendor') and the Subscriber. For the purposes of this agreement, the Subscriber shall be any person or entity who downloads data from links within the website hosted on the domain name firstratedata.com.
An Affiliate shall be any entity in the same corporate organization or academic institution, such as a subsidiary company or department in the same university.
A Nominated Consultant shall be any third-party service provider retained by the Subscriber.
The Evaluation Purpose shall be any statistical analysis, modeling, or visualization of the data.
Insubstantial Amounts of data are limited excerpts of the data in such amounts as to only provide for context or demonstration of the data analysis techniques.
The Effective Date of this agreement shall be deemed to be the date on which the data is downloaded, in whole or in part, by the Subscriber.
The Data shall be taken to be the financial markets data provided by FirstRate Data LLC.
The License
Vendor grants the Subscriber, a worldwide, royalty-free license to access, copy and use the Data as further described herein. This license includes the right for Subscriber to:(i) allow the Data to be accessed, used and operated on Subscriber’s (and its Affiliate's and Nominated Consultant's) behalf by Subscribers (and its Affiliates and Nominated Consultants) service providers, provided that the service providers may only use the Data in the course of providing services for Subscriber (or its Affiliates and Nominated Consultants);
(ii) allow a service provider, for the benefit of Subscriber (or its Affiliates and Nominated Consultants), to access, copy and host Data on computers and other media at a service provider facility, regardless of location;
(iii) import any Data into its various databases. In the case where a multi-user license has been purchased, also internally redistributing the Data within the institution without restriction provided the Data is not made available to external parties; and/or
(iv)disclose externally Insubstantial Amounts of the Data; and/or
(v) create derivative works, including, but not limited to, incorporating the Data into its internal models, published market research, or published academic research papers.
The Subscriber agrees:
(i) not to resell or otherwise redistribute the Data as part of a commercial agreement with other third-parties.
(ii) the Data is for the private use of the Subscriber only.
(iii)to be responsible for protecting the confidentiality of their account information and will not make their user details available to another party. Data subscriptions are renewed on a monthly and annual basis and can be canceled or suspended by the Subscriber. Refunds will not be provided in the event that the Subscriber determines that a Data service is no longer required.
(iv) where research or analysis is published attribution should be given to FirstRate Data as the source of the raw data. If the research is published online this attribution may include a link to the FirstRateData.com website using a link such as FirstRate Data .
Accuracy of information
All material is provided in good faith and is derived from sources believed to be accurate. FirstRate Data LLC and its associates do not make any representation or warranty as to the timeliness, reliability, accuracy or completeness of the Data, nor do they accept any responsibility arising in any way from errors in it or omissions from it. Nothing in these conditions shall exclude, restrict or modify any condition or warranty implied by law. FirstRate Data LLC and its associates may provide corrections to the Data without notice.
No liabilities for consequential damages
The Subscriber agrees that FirstRate Data LLC and its associates shall in no event will be liable for any damages, including trading losses, lost profits, lost savings, or other incidental or consequential damages arising from the accuracy, completeness or timeliness of the information. The Subscriber agrees that, to the maximum extent permitted by applicable law, in no event shall FirstRate Data LLC and its associates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, computer failure or malfunction, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the data, even if FirstRate Data LLC and its associates have been advised of the possibility of such damages.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Each party agrees that the Federal Courts of the United States and the courts of the State of New York in New York County are to have jurisdiction to settle any disputes in connection with this Agreement;