“Software” shall mean HFRDatabase.com, developed and powered by Matrix-IMS LLP.
“End User” shall mean you.
In conjunction with the HEDGE FUND RESEARCH DATABASE LICENSE AGREEMENT, executed between HEDGE FUND RESEARCH, INC. (“HFR”) and END USER:
- HFR shall grant to the End User a non-exclusive, non-transferable and non-assignable license to use the Software for the End User’s internal business purposes only (“License”).
- The End User shall be prohibited from using the Software in any way other than integrated with HFR’s data and / or other products and services.
- The End User shall be prohibited from using the Software other than in accordance with the provisions of the License.
- The End User shall have no ownership rights in the Software. Ownership of the Software and the copyright and all other intellectual property rights in and associated with the Software shall remain at all times with Matrix-IMS LLP.
- The End User may not sub-license, publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works from the Software or any part thereof.
- The End User shall have no right to grant sub-licenses or to assign the benefit or burden of the License in whole or in part.
- End-User acknowledges that HFR has demonstrated the Software to the End-User and the End-User has received adequate training in its use.
- HFR does not warrant that the Software will meet the requirements of the End-User or that the Software will be error free.
UNDER NO CIRCUMSTANCES WILL HFR, ITS LICENSORS OR RELATED PERSONS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CLIENT OR ITS CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF THE WEBSITE, THE HFR DATABASE, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY OR REMEDY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THIS SECTION WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, DESPITE THE FOREGOING EXCLUSION AND LIMITATION.