License Agreement
for
This document is a license
Agreement for subscription services between EnterLicenseeOrganizationHere (Licensee) and Ergo Inc. (the services provider), a
California corporation that owns and publishes the www.indexarb.com
website.
The contact information for the
Licensee follows:
Enter Licensee Primary Contact Individual here
Enter Licensee Street Address Line1 here (No Postal Boxes
please)
Enter Licensee Street Address Line2 here
Enter Licensee City, State, and Mail Zip Code here
Enter Country, if other than the USA here
Enter Phone Area Code and Number here
The contact information for the
Service Provider follows:
Ergo Inc. (hereafter referred to as Ergo)
4985 Via Parva
Santa Barbara, California 93111
805-681-7200
1.
Description of Service
The Service is defined to be the
information (including all content, data, graphics, and images) that Ergo
provides in the designated Subscription sections of its website. The Licensee will designate each individual
within its organization that will utilize the Service in a separate
communication to Ergo: each such individual is hereafter referred to as the
User. The User will be granted access to the Service after Ergo receives
Licensee’s subscription payment (according to the then current subscription
rate schedule) and the User supplies his or her log-on identification and his
or her password. Payment is due in
advance (according to the then current subscription rate schedule). All sales tax, use tax, and other taxes
applicable to the service will be paid by the Licensee. A copy of the current subscription rate schedule
is attached to this document.
2.
Licensee and User Restrictions on Use of the Service
The Licensee agrees to ensure that each of its Users complies with the terms of this Agreement. The User may access and use the Service from any computer that is provided by the Licensee or is personally owned by the User. The Licensee agrees that the Service will be used solely by its licensed User(s). The Licensee and its User(s) agree not to allow anyone to utilize the Service unless that individual has also subscribed to the Service and has become a User covered by an executed License Agreement with Ergo. The Licensee and its User(s) agree not to allow others to use its password to access the Service. The Licensee and its User(s) agree that the information and any derivative works from the information provided by the Service will not be divulged, retransmitted, resold, sublicensed, or otherwise distributed to anyone. The Licensee and its User(s) agree not to become a competitor to the Service provided by Ergo.
3.
Warranty and Limitation of Liability
THE
SERVICE AND ALL ITS INFORMATION IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WITH RESPECT TO THIS INFORMATION, ERGO
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR
FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THE SERVICE OR ANY PORTION
THEREOF IS UNAVAILABLE TO LICENSEE DUE TO A TOTAL OR PARTIAL MALFUNCTION,
DEFECT IN EQUIPMENT OR THE LICENSED INFORMATION, OR ANY OTHER REASON FOR WHICH
ERGO IS RESPONSIBLE, ERGO’S SOLE OBLIGATION AND LICENSEE’S SOLE AND EXCLUSIVE
REMEDY SHALL BE A PRO RATA CREDIT FOR THE PERIOD DURING WHICH THE SERVICE IS
UNAVAILABE TO LICENSEE. LICENSEE AGREES ERGO SHALL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF
PROFIT, REVENUE, OR DATA EVEN IF ERGO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS. LICENSEE AGREES THAT ANY AND ALL USE OF THE INFORMATION IS AT HIS OR
HER SOLE RISK, THAT LICENSEE ASSUMES ALL RISKS FROM USING THIS INFORMATION, AND
THAT, IN NO EVENT, SHALL ERGO OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER.
Ergo
does not represent or endorse the accuracy, reliability, or timely availability
of any of the information it provides. The Licensee accepts that, despite
Ergo's best efforts to provide accurate information, there might be errors in
the data, methods, or forecasts presented at its web site. Further, the
Licensee agrees that errors could be introduced by transmission through the Internet.
Licensee agrees that Ergo will not be held responsible for any errors or
untimely availability of any of Ergo’s information.
Licensee
understands and agrees that Ergo and/or its employees may make investments at
any time, including but not limited to the stocks, futures, ETFs, or options of
any of the financial instruments mentioned on the website. Licensee asserts
that it and its Users are investment professionals and further agrees that they
should not be trading these instruments (viz., stocks, futures, ETFs, or
options) unless they thoroughly understand them and are prepared to incur
losses, for which they will be solely responsible.
4.
Ownership
Licensee
hereby acknowledges and agrees that Ergo is the owner of all rights, title, and
interest in the website www.indexarb.com and its information, including
all copyrights therein and “indexarb” trademarks.
5.
Assignment
Licensee
agrees that Ergo may assign this Agreement to another organization that
acquires the right to publish the Service.
6.
Termination
Licensee
may terminate this Agreement at any time by not making its next subscription
payment. Ergo may terminate this Agreement at any time by notifying the
Licensee by electronic mail and refunding the unused portion of the pre-paid
subscription. The provisions of paragraphs 1, 2, 3, 4, 5, 7, and 8 shall
survive the expiration or termination of this Agreement.
7.
Entire Agreement
This
document constitutes the entire Agreement between the Licensee and Ergo
relating to the subject matter hereof, and supersedes any and all other
agreements, representations, or warranties of the parties in connection with
such subject matter. This Agreement shall not be modified, changed, or amended
except by a written agreement signed by the parties hereto.
8.
Governing Law
The
validity and effect of this Agreement shall be governed by, construed, and
enforced in accordance with the laws of the United States and the State
of California, without regard to its conflicts of law
provisions.
LICENSEE
ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES
TO BE BOUND BY ITS TERMS AND CONDITIONS.
Type the name of the Authorizing
Officer or User below. Doing so is a digital signature, which legally obligates
you to the terms of this Agreement.
Signature __ Enter Name of Authorizing Officer or User Here_________
Title
Enter Authorizing Officer Title Here
Date Enter Date Here
1. Institutional Services
|
Total Number |
Subscription
Term |
|
|
of Users |
Quarter |
Year |
|
1 |
$600 |
$2,000 |
|
2 |
$900 |
$3,000 |
|
3 - 5 |
$1,300 |
$4,400 |
|
6 - 10 |
$1,800 |
$6,200 |
|
11 - 25 |
$2,400 |
$8,600 |
|
> 25 |
$4,000 |
$15,000 |