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Trading Data Agreement

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Rights and obligations for the use and redistribution of Trading Data.

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§ 1. GENERAL

  1. This Trading Data Agreement (the “Agreement”) forms part of Prediki’s Terms and deals specifically with the rights and obligations of Users with respect to Trading Data.
  2. If you have agreed to the Terms of Use, then you hereby agree to this Agreement.
  3. Any terms that are capitalised are defined terms and have the same meanings attributed to them under the Terms of Use.

§ 2. OWNERSHIP OF THE TRADING DATA

  1. Limited use of Trading Data for citations and reference purposes is permitted.
  2. Users may use the Widgets provided by Prediki on the Site for redistributing Trading Data on a fair use basis for both commercial and non-commercial uses.
  3. Users must not recirculate, redistribute or publish Trading Data in any other form or in volumes exceeding fair use without Prediki’s prior written consent.
  4. Prediki does not transfer and Users acquire no rights or licenses to Trading Data other than this limited licence to using the Widgets.

§ 3. OBLIGATIONS

  1. The User agrees not to:
    1. use, transfer, distribute or dispose of any Trading Data in any manner that could compete with Prediki and its business;
    2. format, display, or alter the Trading Data in violation of this Agreement and the Terms of Use or in any manner that adversely affects its accuracy or integrity;
    3. render or cite the Trading Data in misleading, inaccurate, unfair, uninformative, fictitious, or discriminatory fashion;
    4. interfere negatively with or adversely affect any of the components or derived parts of the Trading Data;
    5. copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload, create derivative works from, transmit or in any way exploit the Trading Data except as provided for in the limited licence under clause 2.
  2. Users agree to notify Prediki of any unauthorised use of Trading Data and cooperate in rectifying any detrimental effects of such use.

§ 4. CONDUCT AND PROPER USE

  1. Users and their Principals, if any, agree that they are responsible for their own conduct while using the Trading Data and for any consequences thereof.
  2. Prohibited conduct and use include, but are not limited to:
    1. offer for sale any part of the Trading Data or distribute it over any other medium, including but without limitation to TV or radio broadcasts, computer networks, deep hyperlinking or framing on the Internet except as provided for in the limited licence under clause 2.
    2. restrict or inhibit any other user from using the Trading Data;
    3. use the Trading Data for any illegal, improper or unauthorised purpose;
    4. interfere or inhibit the proper function of the widget, including but without limitation to attempts to extract or tamper with the Trading Data from the widget;
    5. interfere with or disrupt the servers or networks connected to Prediki, or disobey any requirements, procedures, policies or regulations of such networks;
    6. use any robot, spider, site search application, or other device to retrieve or index any portion of the Trading Data without our prior written approval.

5. REDISTRIBUTION AND LICENCE FEES

  1. Users requiring or redistributing Trading Data in data volumes exceeding fair use under clause 2 or in a form or format other than the standardised Prediki widgets must enter a redistribution agreement with Prediki.
  2. Advanced service levels, including but not limited to machine readable data streams, controlled data quality, faster data delivery or service uptime guarantees may be provided by Prediki to Users entering a service level agreement.
  3. Redistribution agreements and service level agreements incur charges and license fees to be negotiated and agreed between Prediki and the User.
  4. Licenses for academic or scientific uses are always free of charge and do not incur license fees.
  5. Prediki may, in its sole discretion, require a User to pay a reasonable licence fee for the redistribution of Trading Data, or any part thereof, for commercial purposes, if the User is found to exceed the limits allowed in clause 2 without first entering into a redistribution agreement or otherwise obtaining written consent. In such an event, Prediki will notify the User of applicable licence fees and payment procedures. If Users do not agree to pay the licence fee or do not enter in good faith negotiations of a redistribution agreement, they must stop their use or redistribution of Trading Data immediately.

§ 6. DISCLAIMER AND LIMITATION OF LIABILITY

  1. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Trading Data as well as the widgets provided on the Site, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
  2. Trading Data is derived and aggregated automatically from transactions concluded via Prediki’s trading and pricing mechanisms and algorithms. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Trading Data for any purpose. Any reliance you place on Trading Data is therefore strictly at your own risk. We disclaim any express or implied warranty, representation or guarantee as to the effectiveness or profitability of the Trading Data or that the access to the Trading Data will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Trading Data.

Last updated on: January 04, 2013