
.: TERMS AND CONDITIONS FOR USE OF THIS SERVICE
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. From time to time, FirstFinancial PR Ltd.. (”FirstFinancial PR”) may modify these terms and conditions of service. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the Hong Kong site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by FirstFinancial PR and shall be of no force or effect.
En. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service (”TOS”) for all Web sites owned and operated by FirstFinancial PR, including www.globalfinancialwire.com. You further agree: (a) to comply with Hong Kong law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.
2. Intellectual Property.This Web site, including but not limited to text, content, photographs, video, audio and graphics (the “Service”), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the Hong Kong and other countries. The Service is also protected as a collective work or compilation under Hong Kong copyright and other laws and treaties. All individual quotes, information, data and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
Tre. Begrensninger i bruk. Du kan ikke bruke tjenesten til ulovlige formål eller på noen måte som er uforenlig med TOS. Du godtar å bruke tjenesten kun for din egen ikke-kommersiell bruk og nytte, og ikke for videresalg eller annen overføring eller anlegg til, eller bruk av eller til fordel for, en annen person eller enhet. Du godtar å ikke bruke, overføre, distribuere eller kast av informasjon i Tjenesten på noen måte som kan konkurrere med næringslivet på FirstFinancial PR. Du erkjenner at Tjenesten er utviklet, samlet, utarbeidet, revidert, valgt ut og arrangert av FirstFinancial PR og andre (inkludert visse andre informasjonskilder) gjennom anvendelse av metoder og standarder dommens utviklet og anvendt gjennom utgifter betydelig tid, krefter og penger, og utgjør verdifulle immaterielle rettigheter og forretningshemmeligheter tilhørende FirstFinancial PR og slikt andre. Du samtykker i å beskytte eiendomsretten til FirstFinancial PR og alle andre som har rettigheter i Tjenesten under og etter så lenge denne avtalen og å følge alle rimelige skrevet forespørsler fra FirstFinancial PR eller dets leverandører av innhold, utstyr eller annen måte ("Leverandører ") for å beskytte sine og andres kontraktsforhold, lovmessige og sedvanerett i tjenesten. Du godtar å varsle FirstFinancial PR skriftlig umiddelbart ved å bli oppmerksom på uautorisert tilgang til eller bruk av Tjenesten av en part eller av et eventuelt krav at tjenesten krenker opphavsrett, varemerke eller andre kontraktsmessige, lovfestede eller sedvanerett.
4. Videre Begrensninger på bruk. Du kan ikke kopiere, reprodusere, Rekompiler, dekompilere, demontere, reverse engineering, distribuere, publisere, vise, fremføre, modifisere, laste opp til, lage avledede produkter av, sende eller på noen måte utnytte noen del av TJENESTEN, bortsett fra at du KAN laste ned materiale fra tjenesten OG / ELLER lage en print kopi til personlig, ikke-kommersiell bruk, forutsatt at du beholder all opphavsrett og andre rettigheter. THE analyse og presentasjon er inkludert i Tjenesten IKKE KAN resirkuleres, omfordelte eller publiseres av deg uten FirstFinancial PR 'forutgående skriftlig samtykke. ENDRINGER AV TJENESTEN innhold ville være et brudd på FirstFinancial PR 'Opphavsrett og andre eiendomsrettigheter. I tillegg kan du ikke tilby noen del av tjenesten for salg eller distribuere det OVER ALLE ANDRE MEDIUM inkludert men ikke begrenset til over-the-air TV-eller radiosendinger, et datanettverk eller HYPERKOBLING Framing på Internett uten forutgående skriftlig samtykke fra FirstFinancial PR. Tjenesten og informasjonen inneholdt deri KAN IKKE brukes til å konstruere en database med NOE SLAG. NOR kan tjenesten være lagret (i sin helhet eller i noen del) i databaser FOR TILGANG av deg eller noen tredjepart eller distribuere noen DATABASE tjenester som inneholder hele eller deler av TJENESTEN. Du kan ikke bruke Tjenesten på noen måte å forbedre KVALITETEN PÅ DATA SOLGT ELLER Bidrag fra DU til noen tredjepart. Dessuten, kan du ikke bruke noen av FirstFinancial PR 'varemerker, varenavn eller tjenestemerker på en måte som skaper inntrykk av at slike navn og merker tilhører ELLER ER knyttet til deg eller brukes sammen med FirstFinancial PR' samtykke, og du erkjenner at DU HAR INGEN EIERSKAP rettigheter til alle disse navnene og merker. DU VIL IKKE bruke Tjenesten eller informasjonen inneholdt deri i uønskede masseutsendelser eller SPAM materiale. DU VIL IKKE BRUK NOE AV FirstFinancial PR 'varemerker, varenavn eller tjenestemerker i uønskede masseutsendelser eller SPAM materiale. DU VIL IKKE SPAM ELLER SEND uoppfordret utsendelser til noen person eller enhet bruker tjenesten. Du aksepterer å overholde MED ALLE ANDRE gjeldende betingelser FOR SERVICE angitt i tjenesten, herunder kobling og innramming POLICY.
5. Lisens. Du anskaffe absolutt ingen rettigheter eller lisenser i eller i tjenesten og materialer som finnes i tjenesten enn begrenset rett til å benytte tjenesten i henhold til TOS. Skulle du velge å laste ned innhold fra tjenesten, må du gjøre det i henhold til TOS. Slike nedlasting er lisensiert til deg av FirstFinancial PR KUN til personlig, ikke-kommersiell bruk i henhold til TOS, og overfører ikke noen andre rettigheter til deg.
Seks. Rettigheter reservert. Alle nåværende og fremtidige rettigheter til forretningshemmeligheter, patenter, copyright, varemerker, tjenestemerker, know-how og andre rettigheter av noen art i henhold til lovgivningen i noen statlig myndighet, innenlandsk eller utenlandske, herunder rettigheter til alle programmer og registreringer i forbindelse med tjenesten (den "Intellectual Property Rights") skal, som mellom deg og FirstFinancial PR, til enhver tid være og forbli den eneste rettmessige eiendom FirstFinancial PR. Alle nåværende og fremtidige rettigheter i og tittel til Tjenesten (inkludert retten til å utnytte tjenesten og alle deler av tjenesten over en nåværende eller fremtidig teknologi) er reservert til FirstFinancial PR for sine eksklusive bruk. Med unntak av det som spesifikt er tillatt av TOS, kan du ikke kopiere eller gjøre bruk av Tjenesten eller noen del av. Med unntak som spesifikt tillatt her, skal du ikke bruke FirstFinancial PR 'immaterielle rettigheter eller Tjenesten, eller navnene på alle individuelle deltaker i, eller bidragsyter til, Tjenesten eller noen varianter eller derivater derav, til alle formål, uten FirstFinancial PR 'skriftlige godkjennelse.
7. NASDAQ Subscriber Agreement. You acknowledge that some of Services include materials provided by The FirstFinancial PR Group, Inc. (”FirstFinancial PR”). You (for purposes of this Section 7, the “Subscriber”) agree to and shall be bound by the following FirstFinancial PR Global Subscriber Agreement, provided that all capitalized terms in this Section 7, including those defined in Section 7.12 herein, shall have the meanings assigned to them in this Section 7, and all such meanings of such capitalized terms used or defined in this Section 7 shall not apply to any term in any section of the TOS except the terms in this Section 7:
FirstFinancial PR Global Subscriber Agreement
The Distributor and its agents may not modify or waive any term of this Section 7. Any attempt to modify this Section 7, except by FirstFinancial PR, is void.
7.1 USE OF DATA. Subscriber may not sell, lease, furnish or otherwise permit or provide access to the Information to any other Person or to any other office or place. Subscriber will not engage in the operation of any illegal business use or permit anyone else to use the Information, or any part thereof, for any illegal purpose or violate any FirstFinancial PR or Securities and Exchange Commission (”SEC”) Rule or any Financial Services Authority Rule (”FSA”) or other applicable law, rule or regulation. Subscriber may not present the Information rendered in any unfair, misleading or discriminatory format. Subscriber shall take reasonable security precautions to prevent unauthorized Persons from gaining access to the Information.
a. Non-Professional or Private Subscriber.- For Non-Professional or Private Subscriber, the Information is licensed only for personal use. By representing to Distributor that Subscriber is a Non-Professional or Private Subscriber, or by continuing to receive the Information at a Non-Professional or Private Subscriber rate, Subscriber is affirming to Distributor and to FirstFinancial PR that Subscriber meets the definition of Non-Professional or Business Subscriber as set forth in Section 7.12 of this FirstFinancial PR Global Subscriber Agreement. A Non-Professional or Private Subscriber shall comply promptly with any reasonable request from FirstFinancial PR for information regarding the Non-Professional Subscriber's receipt, processing, display and redistribution of the Information.
b. Professional or Business Subscriber.- For Professional or Business Subscriber, the Information is licensed for the internal business use and/or personal use of the Professional or Business Subscriber. Professional or Business Subscribers may, on a non-continuous basis, furnish limited amounts of the Information to customers in written advertisements, correspondence or other literature or during voice telephonic conversations not entailing computerized voice, automated information inquiry systems or similar technologies. Upon request, Professional or Business Subscribers shall make its premises available to FirstFinancial PR for physical inspection of Distributor's Service and of Professional or Business Subscriber's use of the Information (including review of any records regarding use of or access to the Information and the number and locations of all devices that receive Information), all at reasonable times, upon reasonable notice, to ensure compliance with this FirstFinancial PR Global Subscriber Agreement.
7.2 PROPRIETARY DATA. FirstFinancial PR grants to Subscriber a nonexclusive, non-transferable license during the term of the FirstFinancial PR Global Subscriber Agreement to receive and use the Information transmitted to it by Distributor and thereafter, to use such Information as permitted under the terms of this FirstFinancial PR Global Subscriber Agreement and/or the FirstFinancial PR Requirements. Subscriber acknowledges and agrees that FirstFinancial PR has proprietary rights to the Information that originates on or derives from markets regulated or operated by FirstFinancial PR, and compilation or other rights to Information gathered from other sources. Subscriber further acknowledges and agrees that FirstFinancial PR's third-party information providers have exclusive proprietary rights to their respective Information. In the event of any misappropriation or misuse by Subscriber or anyone who accesses the Information through Subscriber, FirstFinancial PR or its third-party information providers shall have the right to obtain injunctive relief for its respective materials. Subscriber will attribute source as appropriate under all the circumstances.
7.3 BETALING. Subscriber shall assume full and complete responsibility for the payment of any taxes, charges or assessments imposed on Subscriber or FirstFinancial PR (except for federal, state or local income taxes, if any, imposed on FirstFinancial PR) by any foreign or domestic national, state, provincial or local governmental bodies, or subdivisions thereof, and any penalties or interest relating to the provision of the Information to Subscriber. Interest shall be due from the date of the invoice to the time that the amount(s) that are due have been paid. To the extent permitted by applicable law, Subscriber acknowledges and agrees that the termination of the Distributor's Service for failure to make payments shall not be considered an improper limitation of access by FirstFinancial PR. For Professional or Business Subscribers, if any payment is due directly to FirstFinancial PR under this FirstFinancial PR Global Subscriber Agreement, payment in full is due to FirstFinancial PR in immediately available funds, in the currency specified by FirstFinancial PR by a check to FirstFinancial PR, by electronic funds transfer to an institution of FirstFinancial PR's choosing or by any other form of payment as specified by FirstFinancial PR in Section 7.13, within fifteen (15) days of the date of an invoice, whether or not use is made of, or access is made to, the Information.
7.4 SYSTEM. Subscriber acknowledges that FirstFinancial PR, in its sole discretion, may from time-to-time make modifications to its system or the Information. Such modifications may require corresponding changes to be made in Distributor's Service. Changes or the failure to make timely changes by Distributor or Subscriber may sever or affect Subscriber's access to or use of the Information. FirstFinancial PR shall not be responsible for such effects. FirstFinancial PR does not endorse or approve any equipment, Distributor or Distributor's Service.
7.5 EXCLUSIVE REMEDY. FirstFinancial PR shall endeavor to offer the Information as promptly and accurately as is reasonably practicable. In the event that the Information is not available as a result of failure by FirstFinancial PR to perform its obligations under this FirstFinancial PR Global Subscriber Agreement, FirstFinancial PR will endeavor to correct any such failure. If the Information is not available, is delayed, is interrupted, is incomplete, is not accurate or is otherwise materially affected for a continuous period of four (4) hours or more during the time that FirstFinancial PR regularly transmits the Information due to the fault of FirstFinancial PR (except for a reason permitted in this FirstFinancial PR Global Subscriber Agreement or in FirstFinancial PR's agreement with the Distributor), Subscriber's or any other Person's exclusive remedy against FirstFinancial PR shall be:
a. If Subscriber or any other Person continues to receive the Information or any other data and/or information offered by FirstFinancial PR, a prorated month's credit of any monies due, if any, for the affected Information directly to FirstFinancial PR from Subscriber or, if applicable, from said other Person, for the period at issue; or
b. If Subscriber or any other Person no longer receives either the Information or any other data and/or information offered by FirstFinancial PR, a prorated month's refund of any monies due for the affected Information directly to FirstFinancial PR from Subscriber or, if applicable, from said other Person, for the period at issue. Such credit or refund shall, if applicable, be requested in writing to FirstFinancial PR with all pertinent details. Beyond the warranties stated in this section, there are no other warranties of any kind – express, implied, statutory (including without limitation, timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance or the implied warranties of merchantability or fitness for a particular use or purpose.
7.6 LIMITATION OF LIABILITY.
a. Except as may otherwise be set forth herein, FirstFinancial PR shall not be liable to Subscriber, its Distributor or any other Person for indirect, special, punitive, consequential or incidental loss or damage (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover or other indirect loss or damage) of any nature arising from any cause whatsoever, even if FirstFinancial PR has been advised of the possibility of such damages.
b. FirstFinancial PR shall not be liable to Subscriber or any other Person for any unavailability, interruption, delay, incompleteness or inaccuracy of the Information that lasts less than four (4) continuous hours during the time that FirstFinancial PR regularly transmits the Information or if the Information is materially affected for less than four (4) continuous hours during the time that FirstFinancial PR regularly transmits the Information.
c. If FirstFinancial PR is for any reason held liable to Subscriber or to any other Person, whether in tort or in contract, the liability of FirstFinancial PR within a single year of the FirstFinancial PR Global Subscriber Agreement (one year from the effective date of the FirstFinancial PR Global Subscriber Agreement) is limited to an amount of Subscriber's damages that are actually incurred by Subscriber in reasonable reliance (combined with the total of all claims or losses of Subscriber's Distributor and any other Person claiming through, on behalf of or as harmed by Subscriber) and which amount does not exceed the lesser of:
i. For Subscriber or any other person that continues to receive the Information or any other data and/or Information offered by FirstFinancial PR, a prorated month's credit of any monies due directly to FirstFinancial PR from Subscriber or, if applicable, from any other Person, for the Information at issue during the period at issue, or if Subscriber or any other Person no longer receives either the Information or any other data and/or information offered by FirstFinancial PR, a refund of any monies due directly to FirstFinancial PR from Subscriber or, if applicable, from any other Person, for the Information at issue during the period at issue; or
ii. $500.
d. This section shall not relieve FirstFinancial PR, Subscriber or any other Person from liability for damages that result from their own gross negligence or willful tortious misconduct or from personal injury or wrongful death claims.
e. Subscriber and FirstFinancial PR understand and agree that the terms of this section reflect a reasonable allocation of risk and limitation of liability.
7.7 DISCLAIMERS OF WARRANTIES. FirstFinancial PR and its third-party information providers make no warranties of any kind – express, implied or statutory (including without limitation, timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), any implied warranties arising from trade usage, course of dealing, course of performance or the implied warranties of merchantability or fitness for a particular use or purpose or noninfringement.
7.8 THIRD-PARTY INFORMATION PROVIDERS' LIMITATION OF LIABILITY. FirstFinancial PR's third-party information providers shall have no liability for any damages for the accuracy of or for delays or omissions in any of the Information provided by them, whether direct or indirect, lost profits, special or consequential damages of the Subscriber or any other Person seeking relief through Subscriber, even if the third-party information providers have been advised of the possibility of such damages. In no event will the liability of the third-party information providers or their affiliates to Subscriber or any other Person seeking relief through Subscriber pursuant to any cause of action, whether in contract, tort or otherwise, exceed the fee paid by Subscriber or any other Person seeking relief through Subscriber, as applicable.
7.9 CLAIMS AND LOSSES. Subscriber will indemnify FirstFinancial PR and hold FirstFinancial PR and its employees, officers, directors and other agents harmless from any and all Claims or Losses imposed on, incurred by or asserted as a result of or relating to: (a) any noncompliance by Subscriber with the terms and conditions hereof; (b) any third-party actions related to Subscriber's receipt and use of the Information, whether authorized or unauthorized under the FirstFinancial PR Global Subscriber Agreement. Each party warrants and represents and will indemnify and hold harmless (and in every case, FirstFinancial PR shall be permitted to solely defend and settle) another party (including FirstFinancial PR) and their officers, directors, employees and other agents, against any Claims or Losses arising from, involving or relating to a claim of infringement or other violation of an intellectual property right by the indemnifying party, its actions or omissions, equipment or other property. This right is conditioned on the indemnified party giving prompt written notice to the indemnifying party (as does not prejudice the defense) of the Claims or Losses and providing cooperation in the defense of the Claims or Losses (without waiver of attorney-client, work-product or other legal privilege, or disclosure of information legally required to be kept confidential).
7.10 TERMINATION. Subscriber acknowledges that FirstFinancial PR, when required to do so in fulfillment of statutory obligations, may by notice to Distributor unilaterally limit or terminate the right of any or all Persons to receive or use the Information and that Distributor will immediately comply with any such notice and will terminate or limit the furnishing of the Information and confirm such compliance by notice to FirstFinancial PR. Any affected Person will have available to it such procedural protections as are provided by the Act and applicable rules thereunder. In addition to terminations permitted under Section 13 of the TOS, this FirstFinancial PR Global Subscriber Agreement may be terminated by Subscriber with thirty (30) days written notice to Distributor and by FirstFinancial PR with thirty (30) days written notice either to Distributor or Subscriber. FirstFinancial PR may also alter any term of this FirstFinancial PR Global Subscriber Agreement with ninety (90) days written notice either to Distributor or Subscriber, and any use after such date is deemed acceptance of the new terms. In the event of Subscriber breach, discovery of the untruth of any representation of Subscriber, or where directed by the SEC in its regulatory authority, FirstFinancial PR may terminate this FirstFinancial PR Global Subscriber Agreement with not less than three (3) days written notice to Subscriber provided either by FirstFinancial PR or Distributor.
7.11 AMENDMENTS/AGREEMENT. Except as otherwise provided in this Section 7.11, no provision of this FirstFinancial PR Global Subscriber Agreement may be amended, modified or waived. No failure on the part of FirstFinancial PR or Subscriber to exercise, no delay in exercising and no course of dealing with respect to any right, power or privilege under this FirstFinancial PR Global Subscriber Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege under this FirstFinancial PR Global Subscriber Agreement. If any of the provisions of this FirstFinancial PR Global Subscriber Agreement or application thereof to any individual, entity or circumstance is held invalid or unenforceable, the remainder of this FirstFinancial PR Global Subscriber Agreement, or the application of such terms or provisions to individuals, entities or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this FirstFinancial PR Global Subscriber Agreement shall be valid and enforceable to the fullest extent permitted by law. In the event of any conflict between the terms of this FirstFinancial PR Global Subscriber Agreement and of the other sections of the TOS herein, the terms of this FirstFinancial PR Global Subscriber Agreement shall prevail as between FirstFinancial PR and Subscriber.
7.12 DEFINITIONS. “Act” shall mean the Securities Exchange Act of 1934, applicable only to Information disseminated from a FirstFinancial PR Market in the Hong Kong.”Affiliate” shall mean any individual, corporation, company, partnership, limited partnership, limited liability company, trust, association or other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with such party.
“Claims or Losses” – Any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (a) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation or other indirect loss or damage), and (b) administrative costs, investigatory costs, litigation costs and auditors' and attorneys' fees and disbursements (including in-house personnel).
“Distributor” shall mean FirstFinancial PR and its Affiliates as identified in writing to FirstFinancial PR. For purposes of this FirstFinancial PR Global Subscriber Agreement, “Distributor” shall mean “Vendor”.
“Distributor's Service” – The service from a Distributor, including the data processing equipment, software and communications facilities related thereto, for receiving, processing, transmitting, using and disseminating the Information to or by Subscriber.
“FSA” shall mean a Financial Services Authority in Sweden, the United Kingdom, or other jurisdiction other than the Hong Kong.
“Information” shall mean certain market data and other data disseminated that has been collected, validated, processed, and recorded by the System or other sources made available for transmission to and receipt from either a Redistributor or from FirstFinancial PR relating to: a) eligible securities or other financial instruments, markets, products, vehicles, indicators, or devices; b) activities of a FirstFinancial PR Company; c) other information and data from a FirstFinancial PR Company. Information also includes any element of Information as used or processed in such a way that the Information can be identified, recalculated or re-engineered from the processed Information or that the processed Information can be used as a substitute for Information.
“FirstFinancial PR” shall collectively mean The FirstFinancial PR Group, Inc., a Delaware limited liability company and its subsidiaries and Affiliates (collectively “FirstFinancial PR”).
“FirstFinancial PR Markets” shall mean the regulated securities and options exchange subsidiaries of FirstFinancial PR and other regulated market subsidiaries of FirstFinancial PR, including, but not limited to, The NASDAQ Stock Market (”NASDAQ”), the OMX Nordic Exchange (”OMX”), FirstFinancial PR BX (”BX”), FirstFinancial PR PHLX (”PHLX”), the Philadelphia Board of Trade (”PBOT”), and FirstFinancial PR Europe. The FirstFinancial PR Markets are each a “FirstFinancial PR Market.”
“FirstFinancial PR Global Subscriber Agreement” shall mean this Section 7.
“FirstFinancial PR Requirements” – All (i) rules, regulations, interpretations, decisions, opinions, orders and other requirements of the SEC or an FSA, as may be applicable based upon the FirstFinancial PR Market from which the Information is received ; (ii) the rules and regulations, disciplinary decision and rule interpretations applicable to FirstFinancial PR Markets (iii) the FirstFinancial PR Markets' decisions, policies, interpretations, operating procedures, specifications, requirements, and other documentation that is regulatory or technical in nature (including, but not limited to, user guides) published on the NASDAQTrader website located at www.NASDAQTrader.com or another website accessible by and made known to Distributor; and (iv) all other applicable laws, statutes, rules, regulations, orders, decisions, interpretations, opinions, and other requirements, whether promulgated by the Hong Kong, England, Sweden or any other applicable jurisdiction (including in the area of intellectual property); and (v) the successors, as they may exist at the time, of the components of the FirstFinancial PR Requirements.
“NASDAQ Trader” shall mean the website located at www.NASDAQTrader.com or its successor site(s).
“Or” – Includes the word “and”.
“Person” – Any natural person, proprietorship, corporation, partnership or other entity whatsoever.
“Subscriber” – When it appears alone, the word “Subscriber” encompasses all Non-Professional, Private, Professional and Business Subscribers. All subscribers are deemed Professional or Business unless they are qualified as Non-Professional or Private Subscriber.
US Information:
“Non-Professional Subscriber” Any natural person who is NOT:
(a) registered or qualified in any capacity with the SEC, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association or any commodities or futures contract market or association;
(b) engaged as an “investment advisor” as that term is defined in Section 202(a)(11) of the Investment Advisers Act of 1940 (whether or not registered or qualified under that Act); or
(c) employed by a bank or other organization exempt from registration under federal or state securities laws to perform functions that would require registration or qualification if such functions were performed for any organization not so exempt.
“Professional Subscriber” – All other persons who do not meet the definition of Non-Professional Subscriber.
Non US Information:
“Private Subscriber” – A natural person for the purpose of managing the Subscriber's own personal investment and not for any business purpose, nor for the purpose of giving any form of advice to the other person. A Private Use Subscriber may not:
(a) contract for, receive or use Information for the purpose of Private Use on behalf of any other person or any corporation, partnership, limited liability company, trust, association or other form of entity.
(b) contract for, receive or use Information for the purpose of Private Use in any Service that is paid for by another person or any corporation, partnership, limited liability company, trust, association or other form of entity.
A Private Use Subscriber shall, not withstanding the above:
(c) be permitted to contract for, receive or use Information on behalf of or paid for by another natural person (person B) provided that (1) it's for the purpose of managing person B's own personal investment and not for any business purpose, and (2) person B have filed a power of attorney or equivalent documentation accordingly with Licensee,
(d) be permitted to contract for, receive or use Information for Private Use on behalf of and/or paid for by a legal entity or other form of non-natural Person in which the Private Sue Subscriber has full (100%) ownership and exercises full (100%) control,
(e) Sections (c) and (d) may not be combined
“Business Subscriber” – all other persons who do not meet the definition of Private Subscriber.
“System” shall mean any system FirstFinancial PR has developed for the creation and/or dissemination of Information.
7.13 FirstFinancial PR Global Subscriber Agreement Appendix 1: a) Information. FirstFinancial PR offers Information that has been collected, validated, processed, and recorded by the System or other sources. For data offered from other sources, the governing laws of Hong Kong shall apply.
Åtte. Disclaimer. You acknowledge that, in providing the Service, FirstFinancial PR is not soliciting or recommending the purchase or sale of any security and that FirstFinancial PR and/or persons supplying quotations or other information in the Service are not making solicitations or recommendations in any jurisdiction where they are not licensed to do so or within which such solicitation would be unlawful. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided “AS IS” and that FirstFinancial PR makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. FirstFinancial PR does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by FirstFinancial PR. FirstFinancial PR is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. FirstFinancial PR does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. FirstFinancial PR is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that FirstFinancial PR and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
9. Further Disclaimer. You acknowledge that (i) the Service is provided for information purposes only and is not intended for trading purposes, (ii) the Service includes information taken from the New York Stock Exchange, NASDAQ and other sources, (iii) FirstFinancial PR does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which FirstFinancial PR is a party.
10. Limitation of Liability. ANYTHING TO THE CONTRARY HEREIN SET FORTH NOTWITHSTANDING, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WHETHER CAUSED BY FirstFinancial PR, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE, SHALL FirstFinancial PR, ITS OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, SUPPLIERS AND THIRD-PARTY AGENTS BE, DIRECTLY OR INDIRECTLY, LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON FOR ANY INJURY, DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF A FirstFinancial PR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, OR LOSSES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS OR ANY OTHER LOSSES, ARISING IN CONNECTION WITH (i) THE SERVICE, (ii) ANY FAULT, INACCURACY, OMISSION, DELAY OR ANY OTHER FAILURE IN THE SERVICE CAUSED BY YOUR COMPUTER EQUIPMENT OR ARISING FROM YOUR USE OF THE SERVICE ON SUCH EQUIQMENT, (iii) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO QUOTES AND FINANCIAL DATA, (iv) DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE, (vi) USE OF OR INABILITY TO USE THE SERVICE, ANY LINKS OR ITEMS ON THE SERVICE, OR (vii) ANY PROVISION OF THE TOS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall FirstFinancial PR' total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
11. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
12. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless FirstFinancial PR and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against FirstFinancial PR, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against FirstFinancial PR, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
13. Termination. Either you or FirstFinancial PR may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. These TOS will terminate immediately without notice from FirstFinancial PR if you, in FirstFinancial PR' sole discretion, fail to comply with any provision of these TOS. Upon termination by you or upon notice of termination by FirstFinancial PR, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through fourteen (2-14) and seventeen through nineteen (17-19) shall survive any termination of the TOS.
14. Governing Law. These TOS shall be governed and construed in accordance with the laws of Hong Kong, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the courts located in Hong Kong with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
15. Access Outside the Hong Kong. FirstFinancial PR does not represent that materials in the Service are appropriate or available for use in countries outside Hong Kong. If you choose to access the Service from outside the Hong Kong, you are responsible for compliance with foreign and local laws. Software from the Service is further subject to Hong Kong export controls and may not be downloaded, exported or re-exported (i) into (or to a national or resident of) any country which Hong Kong has embargoed goods. By using the Service, you represent and warrant that you are not located in, controlled by or a national or resident of any such country or on any such list.
16. Miscellaneous. You accept that FirstFinancial PR has the right to change the content or technical specifications of any aspect of the Service at any time at FirstFinancial PR' sole discretion. You further accept that such changes may result in your being unable to access the Service.
17. Headings. The section titles in the TOS are used solely for the convenience of you and FirstFinancial PR and have no legal or contractual significance.
18. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these TOS will remain in force.
19. Entire Agreement. The TOS and any other terms and conditions of service on any Web site owned and operated by FirstFinancial PR, including www.globalfinancialwire.com and any respective successors, constitute the entire agreement between you and FirstFinancial PR and govern your use of the Service.