AMG Data Services
License Agreement
707.822.4888
This license agreement (the "License") governs your access to and use of the Content (the "Content") distributed by AMG Data Services ("AMG") from AMGDATA.COM, by login, export to file, e-mail, fax, or any other means. If you receive ad hoc access to the Content, this License also applies to the software and software components (the "Software") enabling the access and usage.
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SERVICE OR THE SOFTWARE. BY SIGNING AND/OR USING THE SERVICE OR THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS IN THIS LICENSE. If you do not agree to the terms of this License, do not access the services, promptly return to AMG all copies of the Software, any Content that may have been downloaded, and any documentation.
GRANT OF LICENSE
AMG grants you a non-exclusive, non-transferable License to use (i) the Content contained on AMGDATA.COM and any other data provided by AMG, and (ii) documentation and Software delivered to you and any further such materials delivered to you by AMG in the future, in each case in compliance with the terms of this License. You may make a single back-up or archival copy of the Content and Software, as long as you restrict use to those purposes and as long as each copy bears the following copyright notice: "Copyright 2008 AMG Data Services." You may transfer the Content from one computer to another, as long as you erase the Content from the old computer before loading it into the new one. You may not copy all or any portion of the Content or reverseengineer, disassemble, or decompile the Content. You may not distribute any database which includes any portion
of the Content.
CHANGES IN TERMS OF LICENSE
AMG may change the terms in this License. When the terms are changed, AMG will notify you by fax, mail, email or on-line postings. The changes also will appear in this document, which you can view at any time by selecting the Site Map hyperlink located on the AMG Home Page. If you use the service after AMG has posted notification of a change in the License, you agree to be bound by all of the changes.
CUSTOMER INFORMATION
By agreeing to the terms of this License, you consent to AMG storing information you provide as part of your use. AMG may use the information to inform you about other AMG products and services, unless you notify AMG that you do not wish to receive this information. However, no one other than AMG will receive your name, address, phone number, e-mail address, or other personal identifying information, without your express prior consent.
The compilation of this data has been accomplished by AMG at great expense. The Content and Software are proprietary products (the "Confidential Information") of AMG, and are protected under U.S. copyright law, patent law, trademark law, trade secret law and/or international treaty provisions. All copies of the Content and Software made by you and in accordance with this License shall contain AMG's copyright notices. All intellectual property rights in and to the Content and Software are retained by AMG. Without limiting the foregoing, you acknowledge that (a) neither the Content and the Software nor your rights and obligations under this License may at any time be sublicensed, assigned or transferred, in whole or in part, to any third party, (b) you may not distribute, rent, sublicense, or lease the Content or Software in whole or in part to any third party except as limited below, and (c) you will not make the Content or Software available in whole or in part to any other user in any networked or time-sharing environment, or transfer the Content in whole or in part to any computer other than the computer used to access the Content. You are responsible for the confidentiality of your password and for all charges incurred using your password. If you become aware of any unauthorized use of your password, you agree to notify AMG Customer Service immediately. You further agree to maintain the security of the Confidential Information by limiting access to such information to those who have a need to know the Confidential Information and who understand the terms of this agreement. You will take such steps as are necessary to ensure that such persons will not disclose the Confidential Information. You are specifically entitled to make available the Confidential Information which relates to the Four-week moving Average in the form of a graphic or tabular representation. You may also make available to your clients Confidential Information which relates to the current weekly information only in the form of text supplied by you to your clients. Such weekly information may not be provided in graphic or tabular form. This includes but is not limited to Asset Rankings, Flow Change Rankings, Market Change rankings, and Weekly Historical Summaries. You agree not to transmit, disclose, or otherwise make available any confidential Information to any person other than the quantity(s) designated in the number of reports requested section for any single report. Selecting the quantity of reports requested indicates how many individual organizational entities are licensing the Content. You agree to take whatever steps are necessary to ensure that the Confidential Information will not be disclosed, beyond the terms of the License.
TERM OF LICENSE
This License is effective upon receipt by you of any Content or Software and shall continue until terminated. You may terminate this License at any time by informing AMG of your termination and destroying all copies of the Content and Software, and any portions thereof whether in hard or soft copy. You will certify in writing of your destruction of such copies of the Content and Software. AMG may terminate this License immediately and without prior notice if you breach any term of this License.
RULE OF LAW
This License shall be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
LIMITATION OF LIABILITY
AMG shall not be liable for any actions taken, or for any error committed in connection with the services rendered by it except those due to AMG's willful misconduct. In all cases, AMG shall be liable to you, and only to the extent of your out-of-pocket losses in an aggregate amount not exceeding the dollar amount of the fees for the services which resulted in such losses. In no event shall AMG be liable for consequential damages, loss of profits or special losses.
AMG will use its best effort to provide accurate and timely data, which is collected from sources believed by it to be reliable. However, AMG cannot and does not guarantee the completeness or accuracy of the data in its database. AMG shall not be liable for any amounts billed to your credit card by a third party, which were not authorized by you.
ACCEPTED BY SUBSCRIBER
SIGNATURE: ______
DATE: ______
NAME: ______
POSITION: ______
COMPANY: ______