This End User License Agreement (hereinafter "EULA") is between the Infront entity set out in the Agreement (see below) ("Infront") and you as a user ("User").
This EULA governs the User's use of any products delivered by Infront ("Products"), services provided by Infront ("Services"), and relevant documentation made available by Infront ("Documentation"), including any releases and/or updates of the Products, Services, and Documentation.
The User's use of Products and Services, and information accessed and/or retrieved by the Products and Services (the "Content") is contingent upon a valid chain of agreements from which the User directly or indirectly derives its rights. Such chain of agreements may be an agreement (the "Agreement") between Infront and its customer (the "Customer") and possibly other entities having acquired or licensed such rights directly or indirectly from the Customer. The EULA constitutes an integral part of the Agreement.
The Content is proprietary and valuable information obtained from various sources, including from Infront and third party data providers. Such third party data providers ("Data Providers") includes without limitations companies as listed at infrontfinance.com.
The Data Providers require that the User execute this EULA to access and use the Content. If the User does not read and agree to be bound by the terms and conditions defined in this EULA, the User is not permitted to install or use the Product and/or Services or the Content in any way whatsoever.
2 USE OF PRODUCTS, SERVICES, AND CONTENT
2.1 Licence grant
Subject to the terms and conditions in this EULA, Infront grants to the User a limited, non-exclusive, non-transferable, non-sublicensable right to use the Services, to install and use the Products, and use the Content, solely for internal use for analysing purposes and/or for advisory purposes and or derivative work of the Content, in accordance with the applicable Agreement.
2.2 Requirements by third parties
The User's use of the Products and Services may be subject to requirements of the Data Providers pursuant to Infront's agreements with the Data Providers, which may be imposed from time to time including any requirements regarding attributions of information. Any such requirements will be notified by Infront to the User at infrontfinance.com.
2.3 Approval by third parties
The User acknowledges that access to or retrieval of Content may be subject to the approval of any of the Data Providers that provides the Content and that Infront may not be able to supply such Content until such approval is given.
In the event that certain Infront rights, titles, licenses, permissions or approvals pertaining to Content provided by Data Providers via the Services are cancelled, terminated, rescinded or not renewed, the User's rights to use the affected portions of the Content shall automatically terminate. Such termination shall not constitute a breach by Infront's obligations.
2.4 Changes to data formats
The User acknowledges and agrees that Infront from time to time may vary the data format in respect of the Services and functionality in the Product. Furthermore, Infront reserves the right in its absolute discretion to add, delete or modify items of the Content contained in the Service and/or Product.
2.5 Restrictions on use
The User shall comply with any restrictions placed on the Content provided by Infront or Data Providers, and comply with other relevant third parties' terms and conditions.
The User acknowledges that the Products, Services, Documentation, and the Content ("Confidential Material") are of an extremely confidential nature, and the User agrees to receive, use, hold and maintain Confidential Material as a confidential, proprietary, trade secret and product of Infront. The User shall not, without the prior express written consent of Infront, cause or permit disclosure of all or any portion of any Confidential Material, in any form or component, to any person or entity. The User shall take all reasonable steps to safeguard the Confidential Material.
4 PRIVACY AND SECURITY
4.1 Protection of personal data
Infront takes the matters of protection and security of the Users' personal data very seriously and will process such information in accordance with applicable privacy laws and regulations. In order to fulfill the Agreement with the Customer and to provide the Products, Services, and Content, Infront will collect and process the following categories of personal data: name, address, telephone, e-mail, usernames, trading logs, user-entered information such as settings and watch lists, ip-address, and usage, either as a data controller or as a data processor.
4.2 The purpose of processing of personal data
The purpose of Infront's processing as a data controller is provision of its Products and Services, system administration, administration of payment under certain services and to fulfil obligations imposed on Infront in relation to Data Providers.
The collected personal data may be reported to Data Providers and other third party content providers for compliance and invoicing reasons, as set forth in Infront's agreements with Data Providers and other third party service providers and/or as ascribed in applicable laws and regulations. The legal basis for such disclosure is Infront's fulfilment of the Agreement.
The User's contact information will be included in Infront's mailing list in order to give the User necessary notifications in accordance with the Agreement and the EULA.
Infront may also process data as data processor in accordance with the data processing agreement with the Customer.
4.3 Information security
Infront has implemented technical and organizational measures to ensure appropriate level of security taken into account the risks related to the processing, including risks for accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 Ownership of intellectual property
The Products, Services, Documentation, Content, and all intellectual property rights therein are the exclusive property of Infront, third parties, and Data Providers and its suppliers, and all rights in and to the Products, Services, and Content not expressly granted to Customer in this EULA are reserved.
5.2 Restrictions on intellectual property
The User shall not and shall not allow any third party to:
5.3 Protection of intellectual property
The User shall not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or provide the Products, Services, or Content in any manner or for any purposes (personal or business) without a written consent from Infront and/or the relevant Data Provider(s) or third parties. The User shall not use the Products or Services for any unlawful purpose and shall comply with reasonable requests by Infront to protect the respective rights of Infront and/or the Data Providers or any third parties in the Services and Content.
The User shall indemnify and keep indemnified Infront and/or Data Providers from and against any third party claims against Infront and/or Data Providers arising or relating to the exhibition, dissemination or publication by the User of any matter in any way included in or founded upon the Products or Services provided by Infront.
6 TERM AND TERMINATION
The term of this EULA will commence upon the earlier of the User's acceptance of this EULA, downloading a Product and/or commencement of any Services.
6.2 Suspension and termination
Infront may suspend or terminate this EULA immediately upon breach of this EULA by the User, unless such breach is curable and is immediately cured after the earlier of such breach coming to the User's knowledge or Infront providing a notice of the breach to the User. This EULA may also be terminated in accordance with terms and conditions stipulated in the Agreement.
Upon the termination of this EULA, the User shall cease all use of the Products and/or Services and promptly destroy or have destroyed the Products and any copies thereof, and, upon request by Infront, certify in writing to Infront that such destruction has taken place.
7 BREACH OF CONTRACT, LIMITATION OF LIABILITY
7.1 Breach of contract
A breach of this EULA shall be deemed a breach of the Agreement between Infront and the Customer from which the User has derived its rights under this EULA. A breach of this EULA shall first sought to be settled between Infront and the Customer.
The User shall be liable towards Infront for breach of this EULA solely to extent such breach has not been remedied by the Customer.
7.2 Limited warranty
The Products, Services, Content, and Documentation are provided "as is". To the extent permitted by law, Infront and its suppliers disclaim all warranties, either expressed or implied, statutory or otherwise, including without limitation warranties of functionality, fitness for a particular purpose or non-infringement.
Infront does not warrant that the Content will be error-free, that the use of the Products or Services will be uninterrupted or error-free, or that the Products or Services do not contain any viruses.
7.3 Infront's limitation of liability
In no event shall Infront be liable for any incidental, special, consequential, or indirect damages of any kind (including without limitation damages for interruption of business, loss of data, loss of profits, loss due to trading related activities or the like) regardless of the form of action, whether in contract, tort (including without limitation negligence), strict product liability, or other theory, even if advised of the possibility of such damages (jointly "Indirect Damages").
In no event will the cumulative liability of Infront arising out of or related to this EULA exceed the amount paid by the Customer to Infront in accordance with the Agreement over the past three (3) months in respect of the product giving rise to the claim or if no fees were paid then five hundred (500) Euro (EUR).
7.4 The User's liability for breach of the EULA
The User shall indemnify and hold Infront harmless from any claims from any Data Provider based on any alleged or actual claim that the User has breached the terms and conditions for the use of the Content from such Data Provider.
The User shall in addition compensate Infront's direct economic losses caused by the breach of this EULA up to an amount that shall not exceed five hundred (500) Euro (EUR) per incident (the "Liability Cap"). The User shall not be liable for Infront's economic losses in excess of the Liability Cap or Infront's Indirect Damages unless the breach of the EULA or the loss is caused by gross negligence or intentional misconduct.
The User is only liable towards Infront to the extent the Customer has not undertaken the same responsibility towards Infront.
The User shall notify Infront by certified mail, return receipt requested, to the following address: Accounting, Infront ASA, Munkedamsveien 45, 0250 Oslo, Norway. Such notice shall be deemed effective upon receipt by Infront.
Infront may notify the User at infrontfinance.com or by email to the email address that the User has provided to Infront through the Services.
9 GOVERNING LAW AND DISPUTES
9.1 Governing law
The laws of the country of the place of business of Infront (excluding its conflict of law principles) govern this EULA.
9.2 Legal venue
All actions or proceedings arising under or related to this EULA must be brought in the relevant court at the place of business of Infront.