Last updated 2020-05-03.

These market data terms and conditions including the Addenda (collectively, this “Supplement”) supplements and forms a part of the Limina’s Software-As-A-Service Agreement (the “Agreement”) as if set forth in full in the Agreement. By accessing and using the Service, Client is subject to this Supplement. By accessing and using market data contracted by Client with a Market Data Vendor identified in one or more Addenda to this Supplement, the terms and conditions in the applicable Addenda shall also apply. All terms not defined in this Supplement are as defined in the Agreement.

A.1.1 Updates

This Supplement may be updated from time to time. Supplier will endeavor to notify Client concerning updates to this Supplement; however, Client is responsible to review this Supplement from time to time to assure that Client is aware of, and is in compliance with, these market data terms and conditions as they are updated. For ease of Client review, the date of the most recent Supplement update appears below.

A.2. Market Data Vendor Contract

Client is solely and exclusively responsible for, and shall contract directly with the Market Data Vendor for, the Market Data Vendor’s Third Party Market Data. Under no circumstances shall the Supplier be considered a Market Data Vendor of record, or otherwise. All title, ownership rights and intellectual property rights in or relating to any Market Data Vendor’s Third Party Market Data shall be and remain with Supplier or the relevant Market Data Vendor. Supplier may notify any Market Data Vendor that Client is a recipient of such Market Data Vendor’s Third Party Market Data, together with information reasonably connected with Client’s use of such Market Data Vendor’s Third Party Market Data (whether or not Client’s confidential information). Supplier may change, alter the terms and conditions, or terminate Client’s access and use of the Market Data Vendor’s Third Party Market Data in connection with the Service at any time on notice to Client including, without limitation, as a result of any change by a Market Data Vendor with respect to the Vendor’s Third Party Market Data, whether supplied by the Market Data Vendor or its third party providers, or otherwise.

A.3. Client Compliance

Subject to the Client having in place a direct license with the Market Data Vendor, Client will maintain and strictly comply with such license at all times including, without limitation, complying with any Market Data Vendor reporting obligations, and shall immediately notify Supplier if such license expires, is terminated, revoked or suspended, or Client does not otherwise have the right to receive or use the Market Data Vendor’s Third Party Market Data. Without limiting the foregoing, Client shall strictly comply with any restrictions on use or distribution of the Market Data Vendor’s Third Party Market Data including, without limitation, user, entity or geographic restrictions, or onward redistribution restrictions (as well as any Supplier onward redistribution restrictions), which may be contained in any such license, or otherwise notified to Client from time to time by the Market Data Vendor or Supplier, or made known by or through the Service. Client acknowledges that any Market Data Vendor’s Third Party Market Data provided to Client in connection this Agreement done so in connection with the Service, and is not intended to be, and must not be used as, a substitute for any third party market data offered by a Market Data Vendor. For purposes of this Section, “redistribution restrictions” include, without limitation, restrictions on making Market Data Vendor’s Third Party Market Data accessible to a person or entity which is not Client including, without limitation, re-selling, sub-licensing, transferring, transmitting or disclosing the Market Data Vendor’s Third Party Market Data, whether supplied by the Market Data Vendor or its third part providers, or otherwise, by or through any means.

A.4. No Supplier Liability

The Supplier makes no representations, warranties or guarantees concerning the Market Data Vendor or its third party suppliers, or the Market Data Vendor’s Third Party Market Data, whether supplied by the Market Data Vendor or its third party providers, or otherwise. To the fullest extent permitted by law, neither the Supplier nor any Market Data Vendor shall be liable for any inaccuracy or incompleteness of any Market Data Vendor’s Third Party Market Data, for any delay or interruption in the supply of any Market Data Vendor’s Third Party Market Data, or for any loss or damage however caused by a Market Data Vendor or its third party providers, or in any way due to or arising in connection with any Data Vendor’s Third Party Market Data including, without limitation, any indirect, incidental, special or consequential damage, including without limitation, loss of data, loss of business opportunity, loss of revenues, loss of profits, or loss of savings, or third party claims against Client arising out of or in connection with the access and use of the Market Data Vendor’s Third Party Market Data, even if the Supplier or the Market Data Vendor, or its third party providers, have been advised of the possibility of such damages.