GlobalView Free Trial License Agreement
Data Services. Customer shall comply with all terms imposed by data providers from time to time with respect to the data services. Data services may be subject to separate agreements with data providers (“Data Provider Agreements”) that Customer must execute prior to receiving services. Customer shall promptly provide GVSI with a copy of any such agreements.
Limitations on Use. Customer shall not: (a) sell, sublicense, or otherwise transfer any rights in any Products or make any Products available for third party use or retransmission; or (b) modify, decompile, disassemble, or reverse engineer the Products, in whole or in part. GVSI may audit Customer’s use of the Products from time to time to ensure compliance with this Agreement. GVSI and its licensors and data providers reserve all rights not granted herein.
Confidentiality. Customer acknowledges that the Products and other information disclosed to Customer under this Agreement (collectively, “Confidential Information,” and including, but not limited to, documentation, product designs and plans, pricing schedules, customer lists, and technical information) constitute confidential and exclusively proprietary information and trade secrets of GVSI and its licensors and data providers. Customer shall maintain the Confidential Information in strict confidence and shall not publish or disclose to third parties any Confidential Information without GVSI's prior written consent. Customer shall ensure that persons under its control refrain from any unauthorized reproduction or disclosure of Confidential Information. GVSI shall similarly maintain in confidence any information of Customer that would reasonably be considered confidential.
Disclaimers.
(a) Trading Disclaimer. CUSTOMER AGREES THAT: (a) THE RESULTS OBTAINED FROM THE USE OF THE PRODUCTS DEPEND UPON THE EXPERTISE OF THE USER; (b) THE USE OF THE PRODUCTS DOES NOT GUARANTEE PROFITABLE TRADING; AND (c) NO INFORMATION OBTAINED THROUGH USE OF THE PRODUCTS SHALL CONSTITUTE TRADING ADVICE, TRADING RECOMMENDATIONS, OR TRADING INFORMATION. CUSTOMER SHOULD CONSULT WITH A BROKER OR FINANCIAL REPRESENTATIVE PRIOR TO MAKING ANY TRADE BASED ON RESULTS OF USE OF ANY PRODUCT.
(b) Disclaimer of Warranties. GVSI AND ITS LICENSORS AND DATA PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. THE PRODUCTS ARE PROVIDED “AS IS.” GVSI AND ITS LICENSORS AND DATA PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. GVSI AND ITS LICENSORS AND DATA PROVIDERS SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES RELATING TO THE PRODUCTS OR THE DATA SERVICES (E.G., LOST PROFITS AND DAMAGES REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED THROUGH THE PRODUCTS OR THE AVAILABILITY OF THE PRODUCTS) OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, EVEN IF GVSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM, CUMULATIVE, AND AGGREGATE LIABILITY OF GVSI AND ITS LICENSORS AND DATA PROVIDERS FOR ALL CLAIMS AND ACTIONS HEREUNDER SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO GVSI WITH RESPECT TO THE SPECIFIC PRODUCTS GIVING RISE TO SUCH LIABILITY AND, AT THE TIME OF PRESENTATION OF THE FIRST CLAIM OR ACTION, THE THEN-MOST RECENT CALENDAR MONTH. THESE LIMITATIONS ON LIABILITY SHALL APPLY REGARDLESS OF WHETHER ANY PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE FAILED OF THEIR ESSENTIAL PURPOSE. NO ACTION MAY BE BROUGHT BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION AROSE.

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