5.3. “All Services (software, data and news) provided by NetDania and third party data and news providers (the “Services”) on (the website address) is owned by or licensed to NetDania and its affiliates and any user is permitted to store, manipulate, analyse, reformat, print and display the software, data and news only for such user’s personal use. In no event shall any user publish, retransmit, redistribute, communicate, disseminate or otherwise reproduce any software, data and news in any format to anyone, and no user shall use any part of the Services in any connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise. By using the Services, the User hereby:
(i) Agrees that NetDania, the Information Providers, the data Sources and/or any other party shall have no liability for the accuracy or completeness of the software, data or news or for delays, interruptions, or omissions therein;
(ii) Agrees not to use or permit anyone to use the software, data or new for any unlawful purpose; Confidential 5/9
(iii) Agrees that no intellectual property rights in the software, data or news are transferred to any person or legal entity.
(iv) Agrees that the software, data, news and any information obtained or derived therefrom shall be used solely by the User in the normal course of the User’s business.
(v) Agrees that the User may not: communicate or disseminate the software, data, news or any information obtained or derived therefrom to any other party, including any of the User’s subsidiaries or branch offices by any means whatsoever. This restriction shall include, without limitation, copying any part of the software, data, news or any information obtained or derivedtherefrom electronically or otherwise and distributing or disseminating any part of the software, data, news or any information obtained or derived therefrom via any network; or use the software, data or news in any way that may infringe any proprietary interest of NetDania or any third party.
(vi) Agrees that neither party excludes or limits liability for death or personal injury to any person caused by its negligence.
(vii) Agrees that notwithstanding any other provision of this Contract, the User acknowledges that where the Services include any information and/or data obtained or derived from any of the Sources, such Sources accept no liability whatsoever for such data or information.
(viii) Agrees that its arrangement with The Client for receipt of the software, data and news is subject to termination in the event that this Contract between The Client and NetDania is terminated for any reason;
(ix) Agrees, where applicable, to make application to and receive written approval for receipt of the data and news from each and every Source prior to commencing receipt of the data and news and agrees to comply with any conditions, restrictions or limitations imposed by any of the Sources, including paying all such fees or charges as such Sources may impose either directly or through NetDania or The Client; and
(x) Acknowledges that the Sources, described in the preceding paragraph, may have the right to terminate provision of the data and news to the User with or without notice and that neither any such Source, NetDania, nor any third party shall have any liabilities in connection therewith.
(xi) Acknowledges that prior to the execution of a security trade the User is expressly advised to consult with the User’s broker or other financial representative to verify pricing information.
(xii) Acknowledges that neither NetDania, its affiliates, its employees, the Sources or its third party licensors or any other party make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the Services. The Services are provided to the users “as is”. Neither NetDania, its employees, its affiliates, its Sources or its third party licensors, nor any other party will be liable to any user or anyone else for interruption, inaccuracy, error or omission, regardless of cause, in the Services or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom”.