Fingala Finance Web Services Terms of Use
Thank you for using the Fingala Finance Web Services Symbols, Charts and News Units (the "Fingala Finance Units"). By using the Fingala Finance Units, you agree to these terms of use (the "Terms of Use"). If you disagree with any of the terms below, Fingala does not grant you a license to use the Fingala Finance Units. Fingala.com. ("Fingala") reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at http://Fingala.com/terms . Fingala may change these Terms of Use by posting a new version without notice to you. Use of the Fingala Finance Units after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.
The Fingala Finance Units are owned by Fingala.com and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the Fingala Finance Units, all updates, revisions, substitutions, and any copies of Fingala.com Finance Units made by or for you. All rights not expressly granted to you are reserved by Fingala.com.
a. Subject to the restrictions set forth in these Terms of Use, YOU MAY use Fingala.com Finance Units and any updates provided by Fingala (in its sole discretion) for your own noncommercial use or benefit. Your license to the Fingala Finance Units under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Fingala Finance Units. Fingala may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) Fingala publicly posts a written notice of termination on Fingala's Web site, (iii) Fingala sends a written notice of termination to you, or (iv) Fingala ceases providing access to the Fingala Finance Units to you.
b. YOU WILL use instructions provided in the Fingala Finance Units to place attribution identification information into any application or service you develop that incorporates or makes any use of the Fingala Finance Units. The identification information will be shared with Fingala through any use of each such application.
c. YOU WILL NOT:
(i) use the Fingala Finance Units in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed
trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(ii) use the Fingala Finance Units in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;
(iii) sell, lease, or sublicense the Fingala Finance Units or access thereto or derive income from the use or provision of the Fingala Finance Units, whether for direct commercial or monetary gain or otherwise, without Fingala's prior, express, written permission; or
(iv) use the Fingala Finance Units in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the Fingala Finance Module documentation, as determined by Fingala in its sole discretion.
(v) sell, rent, assign, lease, transfer, reproduce, perform, modify, translate, allow third party access to, unbundle, make derivative works of, make improvements of, or distribute any code included as part of the Fingala Finance Units or any of its components or any content contained therein, including, without limitation advertisements or search links that may be included in the Fingala Finance Units. In addition, You will not change, alter, revise, decompile, disassemble, reverse-assemble or otherwise reverse engineer the Fingala Finance Units or any portion of the Fingala Finance Units for any purpose.
2. Ownership and Relationship of Parties.
The Fingala Finance Units may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Australia. and other countries. Fingala's rights apply to the Fingala Finance Units and all output and executables of the Fingala Finance Units, excluding any software components developed by you which do not themselves incorporate the Fingala Finance Units or any output or executables of the Fingala Finance Units. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. Fingala owns all rights, title, and interest in and to the Fingala Finance Units. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Fingala, including (but not limited to) the Fingala Finance Units and Fingala trademarks.
3. Support.
Fingala may elect to provide you with support or modifications for the Fingala Finance Units (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Fingala may change, suspend, or discontinue any aspect of the Fingala Finance Units at any time, including the availability of any Fingala Finance Units. Fingala may also impose limits on certain features and services or restrict your access to parts or all of the Fingala Finance Units or the Fingala Web site without notice or liability.
4. Fees and Payments.
Fingala reserves the right to charge fees for future use of or access to the Fingala Finance Units or the Fingala services and Web sites in Fingala's sole discretion. If Fingala decides to charge for the Fingala Finance Units, such charges will be disclosed to you in advance.
5. Disclaimer of Any Warranty.
FINGALA DOES NOT REPRESENT OR WARRANT THAT ANY FINGALA FINANCE UNITS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE FINGALA FINANCE UNITS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND FINGALA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF FINGALA FINANCE UNITS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY FINGALA FINANCE UNITS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
6. Limitation of Liability.
FINGALA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE FINGALA FINANCE UNITS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT FINGALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FINGALA BE LIABLE TO YOU FOR ANY AMOUNT.
7. Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
8. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Fingala, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Fingala Finance Units. You expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
9. Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Fingala and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Fingala Finance Units, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Fingala shall use good faith efforts to provide you with written notice of such claim, suit or action.
10. General Terms.
10.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Fingala shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Fingala, express or implied, and you shall not attempt to bind Fingala to any contract.
10.2 Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
10.3 Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Fingala shall be governed by the laws of India without regard to its conflict of law provisions. You and Fingala agree to submit to the personal jurisdiction of the courts located within India.
10.4 No Waiver of Rights by Fingala. Fingala's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
10.5 Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Fingala and you with respect to the subject matter hereof. |