Terms and Conditions - OMX Nasdaq:
A Private Use Subscriber: A Private Use Subscriber is defined as a natural person using the Information for the purpose of managing his/her own personal investments and not for any business purpose, nor for the purpose of giving any form of advice to any other person.
A Private Use Subscriber may not:
(a) contract for, receive or use Information for the purpose of private use on behalf of any other person or any other person or any corporation, partnership, limited liability company, trust, association or other form of entity;
(b) contract for, receive or use Information for the purpose of private use in any service that is paid for by another person or any corporation, partnership, limited liability company, trust, association or other form of entity.
A Private Use Subscriber shall, not withstanding the above:
(c) be permitted to contract for, receive or use Information on behalf of or paid for by another natural person (person B) provided that (1) its for the purpose of managing person B´s own personal investments and not for any business purpose, and (2) person B have filed a power of attorney or equivalent documentation accordingly with Licensee;
(d) be permitted to contract for, receive or use Information for private use on behalf of and/or paid for by a legal entity or other form of non-natural person in which the Private Use Subscriber has full (100 %) ownership and exercises full (100%) control; and
(e) (c) and (d) above may not be combined.
The Subscriber shall notify the Vendor promptly in writing of any changes which have the effect that the Subscriber will cease to qualify as a Private Investor. The Vendor reserves all rights to apply fees for Professional User in case that the Vendor detects or discover that the
Subscriber has wrongfully certified that he or she is a Private Investor. As a result of this, any amounts due to the Vendor for wrongful declaration of status shall be fully reimbursed by the Subscriber.
OMX and Licensee reserves all rights to apply fees for business use with immediate effect where Private Use Subscribers do not comply with these Terms & Conditions or where Licensee is not able to present OMX with valid power of attorney or equivalent documentation as specified in (c) on the request from OMX.
A Business Use Subscriber: Is a Subscriber who does not qualify as a Private Use Subscriber
In consideration of receipt of OMX Information, the Subscriber agrees to the following terms and conditions:
1. If you are a Subscriber located in a jurisdiction with client banking secrecy laws, the Subscriber hereby consents that Vendor shall disclose the Subscriber’s identity to OMX solely for reporting purposes, and thereby the Subscriber waives the benefits of banking secrecy laws in its jurisdiction. The Vendor shall bear no responsibility whatsoever in this respect.
2. The Subscriber agrees:
2.1. Not to allow other persons to gain unauthorized access to the Information;
2.2. Not to make his/her User ID(s) available to another Person; and
2.3. Not to use the Information for any unlawful or unauthorized purpose.
2.4. Not authorized or permitted to furnish such Information or software to any person or firm for reuse or retransmission without prior written approval from the Licensee, OMX or any third-party Information Provider.
3. The Business Use Subscriber furthermore agrees: To maintain all records and provide all information required by Licensee to meet Licensee’s record-keeping, reporting and payment obligations to OMX.
4. In any display created by the Subscriber that incorporates the Information, the Subscriber shall:
4.1. Use reasonable efforts to credit OMX and/or any Information Provider (being; any third party source of information that licenses OMX to make its information available as Information under the Terms & Conditions, whether such Information is disseminated by OMX, by its originator, or by any other third party,) or other source(s) of Information specified by OMX as the source(s) of the Information;
4.2. Not misrepresent Information or deface or remove any trademarks transmitted with the Information;
4.3. Ensure that delayed and end-of-day Information are clearly labeled and the period of delay or time of original dissemination of Information is noted in all displays of delayed and end-of-day Information; and
4.4. Comply with such other Information display requirements as OMX may specify from time to time, on behalf of OMX or any other Information Provider.
5. The Subscriber acknowledges that the Subscriber’s access to the Information via Licensee is dependent on an agreement between Licensee and the OMX and that the Subscriber’s receipt of Information is subject to certain provisions including the following:
5.1. OMX has no obligations whatsoever towards the Subscriber;
5.2. OMX or its authorized representative is entitled to receive personal data, where necessary for the purpose of verifying or ensuring compliance with Licensee’s obligations to OMX;
5.3. That the Subscriber recognizes all Intellectual Property Rights (including; Patents, trade marks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, patents, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual properties in accordance with the applicable laws,) subsisting in or relating to the Information, including the structure of the system and all of the Information base owned by the OMX, and that the OMX has the legal right to remedy in respect of the Information;
5.4. That OMX may terminate receipt of the Information if OMX has reason to believe the Information is being misused or misrepresented; and
5.5. OMX or its authorized representatives shall have the right to audit the Subscriber’s records and use of Information.