Third Party Terms

In addition to the terms of any license agreement that you have entered into with Cobalt Software, Inc. (“Cobalt”), you must comply with the terms and conditions required by Cobalt’s third-party data suppliers (“Suppliers”) regarding your access to their data through Cobalt’s services (“Supplier Data”). If you do not comply with Supplier’s terms, Cobalt may be required to immediately terminate your access to that Supplier Data, and you will not be entitled to any remedy in that case.

You agree to the following additional terms and conditions related to the Supplier Data:

1. 1. You shall only be permitted to view the Supplier Data internally. No other use of the Supplier Data shall be permitted.
   2. For the avoidance of doubt (but without limitation to the foregoing):

      (a) You shall not copy, store, sell, license, distribute, transmit or duplicate to any third party any Supplier Data or any part thereof in any form or by any means;
      (b) You shall not derive, recalculate, combine with other data or otherwise modify the Supplier Data, create history and/or distribute such derived, recalculated, combined or modified Supplier Data or history to any third party;
      (c) You shall not make the Supplier Data available on any website or in an application, or to the public via the internet or otherwise;
      (d) You shall not make the Supplier Data available on any website or in an application, or to the public via the internet or otherwise;

      (i)creating and/or operating (whether by itself or by any third party) any financial product, index, or service which seeks to match the performance of or whose capital and/or income value is related to the Supplier Data or any part thereof;
      (ii)creating and/or operating (whether by itself or by any third party) any financial product, index or service the performance of which is linked to the performance of a third party’s product, index or service which, in turn, seeks to match the performance of or whose capital and/or income value is related to the Supplier Data or any part thereof (and whether or not such third party is licensed by the Licensor to do so);
      (iii)generally exploiting the Supplier Data in a manner designed to benefit the You or any third party (including the creation of any product or service); or
      (iv) creating, managing, advising, writing, trading, marketing or promotion of any securities or financial instruments or products, including, but not limited to, funds, synthetic or derivative securities (e.g., options, warrants, swaps, and futures), whether listed on an exchange or traded over the counter or on a private‑placement basis.

   3. You shall not use the trademarks or remove any copyright or proprietary notices incorporated into the Supplier Data and You acknowledges that the licensors of such data and/or any relevant third party information providers are the owners of the intellectual property rights in and relating to such data. You shall be obligated to reproduce on all permitted copies of the Supplier Data all copyright, proprietary rights and restrictive legends appearing on such data.
   4. You shall not use the Supplier Data in any way or for any purpose that would require a separate license from their licensors or any other person.
   5. You shall not permit, or purport to permit, any third party to do any of the foregoing.
   6. You acknowledges that you assume the entire risk of using the Supplier Data and agree to indemnify and hold harmless Cobalt, Suppliers (as applicable), and any other third party involved in or related to the making or compiling of the Supplier Data (as applicable), and their affiliates and subsidiaries and its and their respective directors, officers, employees and agents, from any claims losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, that may arise in connection with any use of, or inability to use, the Supplier Data by You, or your permitted affiliates or any breach by any of them of any provision contained herein related to the Supplier Data.
   7. You acknowledge that Cobalt or Suppliers (as applicable) may, in their sole and absolute discretion and at any time, terminate your right to receive and/or use the Supplier Data.
   8. THE SUPPLIER DATA IS PROVIDED TO YOU ON AN “AS IS” BASIS.  COBALT, ITS INFORMATION PROVIDERS, AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SUPPLIER DATA MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SUPPLIER DATA (OR THE RESULTS TO BE OBTAINED BY THE USE THEREOF).  COBALT, ITS INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SUPPLIER DATA EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF ORIGINALITY, ACCURACY, COMPLETENESS, NON‑INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE IN RELATION TO THE SUPPLIER DATA.  IN NO EVENT SHALL COBALT’S INFORMATION PROVIDERS OR ANY THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SUPPLIER DATA, BE LIABLE TO CUSTOMER, OR ANY OTHER THIRD PARTY, FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE AGREEMENT OR THE INABILITY OF YOU TO USE THE SUPPLIER DATA, REGARDLESS OF THE FORM OF ACTION, EVEN IF COBALT, ANY OF ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SUPPLIER DATA HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES.