Access and use of the Tegus Services is subject to the following additional terms and conditions mandated by certain third party contributors and licensors, which are incorporated into the Terms of Use by reference and which may be updated from time to time. Capitalized terms not defined below shall have the meeting given to them in the Terms of Use.
S&P GLOBAL MARKET INTELLIGENCE LLC
The following terms apply to earnings and events transcripts and related market intelligence data provided by S&P Global Market Intelligence LLC (“S&P”) which is integrated into the Tegus Services, including Models (“S&P Data”):
Neither S&P nor any of their suppliers shall have any liability for the accuracy or completeness of the information or software furnished through the Services, or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages;
The S&P Data is not investment advice and a reference to a particular investment or security, a credit rating or any observation concerning a security or investment provided in the S&P Data is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions;
S&P, their affiliates or their suppliers have exclusive proprietary rights in the S&P Data and any information and software received in connection therewith;
You shall not use or permit anyone to use the S&P Data for any unlawful or unauthorized purpose;
Access to the S&P Data is subject to termination in the event that any agreement between Tegus and S&P terminates for any reason; and
S&P may enforce its rights against You as the third-party beneficiary of the Terms of Use (or Agreement), even though S&P is not a party to the Terms of Use (or Agreement).
XIGNITE, INC.
A portion of the market data integrated into the Services, including Xignite Global Quotes and Global Historical (“Xignite Data”) is powered by Xignite, Inc. (“Xignite”).
Xignite and certain exchanges that supply market data to Xignite have exclusive proprietary rights in the Xignite Data.
VISIBLE ALPHA, LLC The following terms apply to consensus data provided by Visible Alpha, LLC (“Visible Alpha”) which is integrated into the Services, including Models (“Visible Alpha Data”):
Restrictions on Use of Visible Alpha Data. You shall not (a) directly or indirectly reverse engineer or reproduce all or any portion of the Visible Alpha Data whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization (b) modify, translate, scrape any data, transmit, display, perform, reproduce, publish, license Visible Alpha Data or (c) create derivative works based upon the Visible Alpha Data, unless such works are incapable of:(i) being used as a source of or an alternative to the Visible Alpha Data; (ii) being readily reverse engineering or used to recreate Visible Alpha Data (other than by Visible Alpha); or (iii) materially impact Visible Alpha’s ability to realize revenue from the Visible Alpha Data; (d) store any Visible Alpha Data in a way which is capable of being scraped or otherwise use in any other way for commercial or public purposes in whole or in part (c) use or permit anyone to use Visible Alpha Data for any illegal, unlawful and/or unauthorized purpose. Use of the Visible Alpha Data is solely for Your internal use.
You shall be solely responsible for ensuring that each of Your users comply with the terms set forth herein.
Subject to any usage restrictions, You may copy or download Visible Alpha Data provided that You shall not remove or obscure any copyright or other notices or legends contained in any such information.
Information “As Is” and “As Available”. THE VISIBLE ALPHA DATA PROVIDED ON OR THROUGH THE SITES IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND BY VISIBLE ALPHA. ALTHOUGH THE VISIBLE ALPHA DATA IS OBTAINED OR COMPILED FROM SOURCES VISIBLE ALPHA BELIEVES TO BE RELIABLE, VISIBLE ALPHA CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF THE VISIBLE ALPHA DATA. IN NO EVENT SHALL VISIBLE ALPHA OR ITS LICENSORS BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON THE VISIBLE ALPHA DATA. VISIBLE ALPHA FURTHER EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VISIBLE ALPHA, ITS MEMBERS, SUPPLIERS OF THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH VISIBLE ALPHA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THE VISIBLE ALPHA DATA WHETHER OR NOT FORESEEABLE, EVEN IF VISIBLE ALPHA OR ANY OF ITS MEMBERS, SUPPLIERS OF THIRD-PARTY CONTENT OR OTHER THIRD PARTIES WORKING WITH VISIBLE ALPHA IN CONNECTION WITH THE VISIBLE ALPHA DATA HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Termination. Visible Alpha may, in its sole discretion, cause Tegus to terminate Your use of the Visible Alpha Data in the event of (i) breach by You of the Terms of Use or these additional Terms of Use; or (ii) conduct by You that is harmful to Visible Alpha’s business. You may not use, or assist any third party in using, any portion of the Visible Alpha Data in any way to compete with the Visible Alpha Data. If Visible Alpha believes, in good faith, that You are competing with Visible Alpha, then Visible Alpha may require termination of Your access to such Visible Alpha Data, consider the activity a material breach of the Terms of Use and these additional Terms of Use, and pursue any and all remedies for the breach.
Indemnification. You will indemnify and hold harmless Visible Alpha against all claims or demands by and liabilities to third parties, including without limitation reasonable attorney’s fees, arising from or in connection with any breach of these additional Terms of Use or violation of applicable law, in each case, relating to the Visible Alpha Data.
Governing Law. These additional Terms of Use, and the rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws principles that would result in the application of the laws of another jurisdiction. Any legal action, suit or proceeding brought by it pursuant to, or in any way arising out of, these additional Terms of Use relating to Visible Alpha Data must be brought solely and exclusively in the courts located in Cook County, IL.
IEX CLOUD SERVICES LLC
Tegus may display IEX Cloud Core Data in the Services which is provided by IEX Cloud.
BLUE HERON RESEARCH PARTNERS LLC
The following terms apply to Management Checks by Blue Heron (“Management Checks”) and transcripts (“BH Transcripts” and together with the Management Checks, the “BH Content”) provided by Blue Heron Research Partners LLC (“Blue Heron”) through the Services:
Tegus and Blue Heron reserve all ownership rights in BH Content and all related materials, including summaries and briefs relating thereto;
BH Content is being provided for Your internal working purposes only and may not be onward distributed or otherwise furnished to third parties for commercial purposes or unauthorized or unlawful purposes; provided however, You may onward distribute de minimis portions of the BH Content on an ad hoc and limited basis, provided that such distribution does not serve as a replacement for BH Content or impact Tegus’s or Blue Heron’s ability to realize revenue on the BH Content;
BH CONTENT DOES NOT CONTAIN LEGAL, INVESTMENT OR ACCOUNTING ADVICE FROM TEGUS, BLUE HERON, THEIR LICENSORS OR THIRD PARTY CONTRIBUTORS AND SHOULD NOT BE RELIED UPON AS SUCH;
BH Transcripts are subject to Blue Heron’s compliance review process and Tegus’s standard screening procedures on third party content. Management Checks are subject to Blue Heron’s compliance review process only.
CDS INNOVATIONS INC.
The following terms apply to Canadian regulatory filings documents provided by CDS Innovations Inc. and its contributors (“CDS”) which are integrated into the Tegus Services, including Models (“SEDAR+ Data”):
You acknowledge and agree that certain of the SEDAR+ Data may be provided by third party contributors that have provided information, data, services or other content to CDS for the purpose of dissemination by CDS to CDS’ clients (“CDS Third Party Contributors”);
You covenant for the benefit of CDS and for the benefit of each CDS Third Party Contributor, that You shall not make any claim, pursue any action or make any demand against any CDS Third Party Contributor in respect of the Terms of Use or related to the SEDAR+ Data, irrespective of the cause of such claim, action or demand, including but not limited to breach of contract, tort (including negligence), breach of statutory duty or any other legal theory and, for greater certainty, no CDS Third Party Contributor shall be liable for any loss or damage suffered by You as a result of any act or failure to act (including willful misconduct or negligence) by such CDS Third Party Contributor, including any direct, indirect, special, incidental or consequential loss, damage, injury, cost or expense, loss of profits or revenue, failure to realize expected profits, revenue or savings or other commercial or economic loss, damage or injury, even if advised of the possibility of same.
SEDAR® is a registered trademark of and property of the Alberta Securities Commission.