The following terms and conditions govern your use of the Capital Market Services, LLC (“CMS”) Forex Web Tools™ (the "Forex Web Tools"):
1. LICENSE; RESTRICTIONS ON USE
1.1 CMS hereby grants you a nonexclusive, nontransferable, limited license to link and display the Forex Web Tools on your website.
1.2 You agree that You will only link and display the Forex Web Tools in accordance with this Agreement.
1.3 You may not alter, merge, modify, adapt or translate the Forex Web Tools, or decompile, reverse engineer, disassemble, or otherwise reduce the Forex Web Tools to a human-perceivable form.
1.4 You may not sell, assign, rent, lease, sublease, act as an intermediary or provider, or otherwise grant Forex Web Tool rights to third parties.
1.5 You may not create derivative works based upon the Forex Web Tools.
1.6 You may not use the Forex Web Tools to develop any application having the same primary function as the Forex Web Tools.
1.7 You may not remove or obscure the CMS logo, copyright notice or other notices contained on the Forex Web Tools.
2. LIMITATION OF LIABILITY. CMS, its licensors and its suppliers shall not be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages. This includes but is not limited to liability for damages, loss of data, loss of business, damages of inability to use equipment, loss of profits or any other business interruptions arising out of the use of or inability to use the Forex Web Tools. CMS, its licensors and its suppliers limit their liability on the basis of the following theories: tort liability, breach of contract, breach of warranty, products liability or otherwise. CMS will not be liable in relation to any damage caused by the termination of this Agreement. CMS will not be held liable to You for actual damages for any cause whatsoever.
3. NO WARRANTIES. CMS PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED FOR THE FOREX WEB TOOLS. THE FOREX WEB TOOLS ARE PROVIDED “AS IS” AND NO REPRESENTATIONS ARE MADE WITH REGARD TO THE QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CMS DOES NOT REPRESENT OR WARRANT THAT THE FOREX WEB TOOLS ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
4.1 Upgrades: CMS in its sole discretion, reserve the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Forex Web Tools. CMS and has no obligation to make available to You any subsequent versions of the Forex Web Tools.
4.2 Additional Support/Services: This Agreement applies to linking and displaying the Forex Web Tools, free of charge. The use of any additional services which may be offered by CMS, may include charges and may be subject to the additional Terms of Service.
4.3 Entire Agreement: The terms and conditions of this Agreement constitute the entire Agreement between You and CMS with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
4.4 Partial Invalidity: Should any term or provision in this Agreement be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
4.5 Assignment by CMS: CMS may, at its sole discretion, assign this Agreement or any rights hereunder to any other party or affiliate, without giving prior notice.
4.6 Language: The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CHECKING “AGREE” AND SUBMITTING THIS FORM, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.