The Market Data made available by us on the Platform is provided to us by third parties.
You may be required to comply with applicable third-party provider terms. Those terms may be supplied to you either by us or directly by the third-party provider.
Our third-party providers do not owe you any duty of care with respect to their data or services and they do not accept any responsibility for them, except where you have entered into a direct agreement with the relevant third-party provider. If you claim an implied contract or duty exists between you and a third-party provider, or an implied contract or duty is held to exist, SigTech disclaims all liability of each third-party provider for any of your losses which may arise under that implied contract or duty.
Third-party providers provide their data, software and services on an “as is” basis and do not warrant that the provision of their data, software or services will be uninterrupted, error free, timely, complete, or accurate, nor do any of them make any warranties as to the results to be obtained from use of the same.
In addition to the rights and restrictions set out in agreement(s) that you have entered into with us, your use of the Platform and any other services you receive from us is subject to the following specific terms:
Usage restrictions
You: (a) must maintain all records and provide all information required by each SigTech group entity to meet SigTech’s record-keeping, reporting and payment obligations to CME; (b) must maintain complete and accurate books and records, relating to all access to and use of, Market Data under the agreement you have with SigTech for the most recent five (5) year period; (c) must allow CME or any auditors acting on behalf of CME to audit your records and use of Information; (d) shall obtain and provide any consent that may be required under all applicable laws, including the EU’s General Data Protection Regulation, as may be needed for CME or any auditors acting on behalf of CME to review and receive Personal Data, including but not limited to Personal Data pertaining to your users or representatives of your group, where requested by CME for purposes of verifying or ensuring compliance with your obligations to CME or where requested by regulatory authority or pursuant to a valid court order, subpoena, or other legal instrument; and (d) acknowledge and agree that use of any semi-automated trading system, by you (other than a non-professional subscriber), requires a license directly between you and CME.
Indemnity
You will indemnify and hold CLS, its employees, agents, successors, assigns, affiliates, settlement members and service providers harmless from any claims or demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees (whether direct or indirect, arising out of your use of the service, the data, your violation of CLS’s terms or conditions, or your infringement or violation of any rights of another, including intellectual property rights.
CUSIP Information
You agree and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services (“CGS”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. Any use by you outside of the clearing and settlement transactions requires a license from CGS, along with an associated fee based on usage. You agree that misappropriation of misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, you agree that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunction relief in addition to any other legal or financial remedies to which CGS and ABA may be entitled.
You agree that you shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. You further agree that the use of CUSIP numbers and descriptions is not intended to create or maintain, and do not service the purpose of creation or maintenance of, a master file or database of CUSIP descriptions or numbers for yourself or any third party recipient of such services and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CGS.
Neither CGS, ABA nor any of their affiliates make any warranties, express or implied, as to the accuracy, adequacy or completeness of any of the information contained in the CUSIP Database, all such materials are provided to you on an “as is” basis, without any warranties as to merchantability or fitness for a particular purpose or use nor with respect to the results which may be obtained from the use of such materials. Neither CGS, ABA nor their affiliates shall have any responsibility or liability for any errors or omissions nor shall they be liable for any damages, whether direct or indirect, special or consequential, even if they have been advised of the possibility of such damages. In no event shall the liability of CGS, ABA or any of their affiliates pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid you for access to such materials in the month in which such cause of action is alleged to have arisen. Furthermore, CGS and ABA shall have no responsibility or liability for delays or failures due to circumstances beyond their control.
You agree that the foregoing terms and conditions shall survive any termination of your right of access to the materials identified above.
Market Data Dissemination Agreement
You may take notice of all changes to the Market Data Dissemination Agreement which are relevant to you before such changes enter into effect. In the event of an audit the timely receipt of the information on the changes by you is to be proven upon request by DBAG. DBAG’s Market Data Dissemination Agreement can be found at https://www.mds.deutsche-boerse.com/resource/blob/2794938/47af0b6ae4c67e928052ce47247435d7/data/MDDA_GTC_9_1.pdf
Honesty Statements
We are required on at least a quarterly basis to request from you Honesty Statements confirming the number of access IDs entitled for the relevant Market Data. If the entitlement of an access ID commences or ceases during the period which is covered by the Honesty Statement (quarter or month) then the commencement or finish date shall be shown in the Honesty Statement and taken into account in the reporting. You are required to provide us with the Honesty Statements until the 15th day of the month following the end of a quarter so that the Honesty Statements can be taken into account in the monthly report for the last month of the quarter. We will check the correctness of the Honesty Statements using appropriate measures and any such measures of control carried out shall be documented. For the purposes of this clause, “Honesty Statement” means a binding written or electronic statement supplied by you to us containing the number of access IDs for the relevant Market Data entitled within your subscription.
Audit
Where you subscribe to any real-time DBAG Market Data, DBAG shall be entitled to carry out an audit of any such real-time Market Data for the purposes of reviewing the documents relevant for the remuneration of the Market Data usage and the technical infrastructure.
Warranties
ICE and its suppliers make no warranties, express or implied, as to merchantability, fitness or any other matter and shall have no liability to you or any third party.
Use of Market Data
You acknowledge that the Market Data is intended for use by institutional investors, registered brokers, professionals and others of similar sophistication and experience. You accept responsibility for, and acknowledge you exercises your own independent judgment in, your selection of any of the Market Data, your selection of the use of intended use of such, and any results obtained. Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable securities law.
Third Party Rights
ICE and its third party suppliers shall constitute third party beneficiaries under this Contract.
Real Time Pricing Data
Prior to us distributing Real Time Pricing Data to you, you are required to sign an ICE Subscriber Agreement (or such other Subscriber Addendum as has received the prior written authorisation of ICE LLP and that incorporates all the terms and conditions of the Uniform Subscriber Addendum) with ICE LLP. A copy of the ICE Subscriber Agreement is available at https://www.theice.com/publicdocs/ICE_Subscriber_Addendum.pdf. You are required to sign the ICE Subscriber Agreement and return the signed copy to us. For the purposes of this clause, “Real Time Pricing Data” means real time data specifying the market prices of the traded contracts transmitted less than 10 minutes from publication via the API.
Warranties
Neither Refinitiv nor its third party providers warrant that the provision of the Market Data will be uninterrupted, error free, timely, complete or accurate, nor do they make any warranties as to the results to be obtained from use of the same. Use of the Market Data and reliance thereon is at your sole risk. Neither Refinitiv not its third party providers will in any way be liable to you or any other entity or person for your inability to use the Market Data, or for any inaccuracies, errors, omissions, delays, computer virus or other infirmity or corruption, damages, claims, liabilities or losses, regardless of cause, in or arising from the use of the Market Data. The Market Data is provided on an “as is” basis and without warranty of any kind. No warranties either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, infringement or otherwise is provided by Refinitiv.
In no event will Refinitiv or its third party providers be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Market Data even if Refinitiv or its third party providers or their representatives are advised of the possibility of such damages, losses or expenses. Further, Refinitiv or its third party providers shall not be liable in any manner for our products or services.