Xignite Subscription Terms & Conditions for Basic Support Model
The following terms apply to the
fee-based version of this web service.
This Web Service (the "Service")
requires payment of a subscription fee for
extended use. The copyright owner and licensor or the web services that you access
though this site is Xignite, Inc., a California Corporation with principal business
offices located 901 Mariners Island Boulevard, Suite 325, San Mateo CA 94404 ("Xignite").
This
Web Service Subscription Agreement License is a binding legal agreement
between the individual or the corporation accessing the service ("You") and Xignite.
Xignite acknowledges that it is the copyright owner to the data distributed through
the Service (the "Data") or has legal rights to distribute this data.
- Xignite grants you a non-exclusive license to access the Service subject to your compliance with these terms.
- You acknowledge and agree that Xignite retains all copyrights and other proprietary rights in and to the Service and the Data.
- You can access the Service as often as specified by the terms of your subscription.
- You can access the Service from any number of servers located at a single site or within a single campus comprising multiple buildings.
- You can electronically communicate and store the Data within your organization without restrictions.
- You can display or consume the Data in any internal software application, including internal Portals, spreadsheets and password-protected web sites.
- You may display Data from the Web Service on web pages available to the general public (e.g., public web sites) except for web services or Data where such use is expressely prohibited. Data you cannot display on public web site includes but is not limited to the following: All Data from XigniteRealTime, delayed Dow Jones index Data from XigniteIndices, content data from XigniteNews.
- You will not redistribute or resell the content of the Service as a SOAP web service or in any type of machine readable format without prior authorization from Xignite.
- You will not make illegal use of the Service or use it for purposes which are illegal.
- You will not interfere with anyone else who is a user of the Service in their use of any Xignite product.
- You will follow U.S. laws regarding transmitting data and you will not attempt to gain access to other computer systems.
- You may not display CUSIP numbers received from Xignite under any condition unless you are subscriber to the S&P CUSIP data. CUSIP numbers provided to you under this agreement are for internal matching purpose only.
- Xignite will provide the following support under this agreement:
- Email support regarding operation and use of the Web Services during Provider's normal business hours (8:30AM to 5:30PM PST).
- Programming to correct any demonstrated errors in the Web Services necessary to enable them to operate substantially in accordance with their documentation.
- [Standard] Minimum email response time of 1 business day (business hours are 8:30AM to 5:30PM PST)
- [Standard] Phone support at 1-866-965-7627 during business hours.
- [Standard] 2 hours of development/configuration assistance.
- [Premium] Minimum email response time of 2 business hours (business hours are 8:30AM to 5:30PM PST)
- [Premium] 24x7 Phone support at 1-866-965-7627.
- [Premium] Instant messaging during business hours.
- [Premium] 10 hours of development/configuration assistance.
- Xignite can change the amount of the subscription fee at any time. The maximum annual price increase is 10%. You have (90) days to accept the new subscription fee or terminate your subscription. New subscription fees shall not apply to any pre-paid subscription periods.
- You may terminate this agreement in the event Xignite breaches any material term of this agreement and fails to remedy such breach within five (5) business days.
- Xignite can terminate this agreement for any reason by giving you thirty (30) days notice in writing.
- Upon termination and at your request, Xignite will refund you any unused prorated portion of a paid subscription fee.
- The warranty for the service is limited to your subscription fee. Xignite will refund a proportional amount of a subscription fee if the Service was unavailable or inaccurate during that period.
- XIGNITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTIBILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL
OR SPECIAL DAMAGES.
- This agreement shall be interpreted under the laws of the State of California.
- Xignite's failure to enforce this agreement shall not be construed as amending this agreement or waiving any of Xignite's rights.
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