PANARAY Terms and Conditions

By using all or any portion of PANARAY® (the “Service”), you (“End-User/Subscriber”, “End-User(s)”, “Subscriber”, or “User(s)”) are consenting to be bound to the following Terms and Conditions set forth in this Subscriber Agreement (“Agreement”). It shall be the End-User/Subscriber’s responsibility to review these Terms and Conditions periodically to be aware of any modifications. End-User/Subscriber’s continued use of the Service constitutes End-User/Subscriber’s acceptance of such changes. If the Terms and Conditions change in some way unacceptable to End-User/Subscriber, End-User/Subscriber shall discontinue use of the Service.

USE OF THE SERVICE

Data Analysis Incorporated is the controlling entity of the O’Neil family of businesses, including William O’Neil + Co. Incorporated. The data, facts, and statements presented here have been obtained or derived from original or from recognized statistical and/or trade sources. There is no guarantee as to the accuracy of this information and it may possibly be incomplete and/or condensed and is subject to change without notice. This is not a prospectus or an offer with respect to the sale or purchase of any securities. This information is compiled to assist you in your study of the various securities; however, nothing contained herein is to be construed as a recommendation to buy or sell any securities. Attention is called to the fact that William O’Neil + Co. Incorporated officers, directors, employees, affiliates, and/or stockholders may purchase or sell securities in the companies that are referenced in their products and services.

Subscriber acknowledges and agrees that all Confidential Information (defined below) in the Service are, and shall remain, the property of William O’Neil + Co. Incorporated. Subscriber acknowledges that the Service is an original work, compiled, prepared, selected, organized, maintained and arranged by William O’Neil + Co. Incorporated through the expenditure of substantial time, effort and money and that it constitutes valuable property of William O’Neil + Co. Incorporated. Subscriber acknowledges and agrees that the Service is confidential and that the data is intended for Subscriber’s internal use only.

Subscriber agrees that it shall not redistribute, publish, disclose, furnish or sell the Service or any part thereof, in any form to any other firm, person or entity without the prior express consent of William O’Neil + Co. Incorporated. Subscriber further understands and agrees that the Service is intended to be used by Institutional firms exclusively. Subscriber agrees to not edit, alter, abridge or otherwise change content of the Service in any manner.

UNAUTHORIZED USE OF SERVICE

Subscriber will take all reasonable action to prevent unauthorized persons from obtaining or using the Service provided to Subscriber. Subscriber will promptly notify William O’Neil + Co. Incorporated of any unauthorized use of the Service of which Subscriber becomes aware and Subscriber will terminate such unauthorized use of the Service as reasonably practicable.

CONFIDENTIALITY

Subscriber understands and agrees that it will have access to William O’Neil + Co. Incorporated’s private or confidential information. For purposes of this Service, the term “Confidential Information” shall mean all information which relates to past, present, and future research, development, and business activities of the disclosing party and its parent, subsidiary, or affiliated companies, if any, and any and all trade secrets, trade knowledge, formulae, know-how, processes, systems, algorithms, data, programs, training aids, printed materials, methods, books, records, files, policies and procedures and other information relating to the operation of the disclosing party, whether in documentary, database, electronic, oral or any other form.

The term Confidential Information shall exclude such information that is (i) already available to the public other than by breach of the terms and conditions set forth herein; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iii) independently developed by Subscriber without use of or reference to the Confidential Information.

Subscriber agrees to hold such information in confidence and not, without prior written consent from William O’Neil + Co. Incorporated, disclose it to a third party unless it is required to be disclosed by law, court order, or by any government or regulatory authority provided the receiving party first gives the disclosing party reasonable notice of such law or order and gives the disclosing party an opportunity to object to and/or limit such production. Subscriber agrees that no public announcement, press release or communication concerning this Agreement shall be made without the prior consent of William O’Neil + Co. Incorporated.

WILLIAM O’NEIL + CO. INCORPORATED DISCLAIMER

THE LICENSED MATERIALS INCLUDED IN THE THIRD PARTY SERVICES ARE WHOLLY THE RESPONSIBILITY OF THE THIRD PARTY SOURCE AND ARE IN NO CIRCUMSTANCES THE RESPONSIBILITY OF WILLIAM O’NEIL+ CO. INCORPORATED, AND WILLIAM O’NEIL+ CO. INCORPORATED GIVES NO WARRANTY OR REPRESENTATION AND HAS NO LIABILITY IN RESPECT OF THE ACCURACY, TIMELINESS OR COMPLETENESS OF THOSE LICENSED MATERIALS.

EACH THIRD PARTY SOURCE DISCLAIMS ALL LIABILITY FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE LICENSED MATERIALS AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW SHALL NOT BE LIABLE FOR ANY REASON WHATSOEVER TO THE SUBSCRIBER OR TO ANY OTHER PERSON, FIRM OR BODY CORPORATE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN THE LICENSED MATERIALS OR IN THEIR TRANSMISSION (INCLUDING ANY DIRECT OR INDIRECT LOSS OR FOR ANY DAMAGES ARISING FROM OR OCCASIONED BY THEM OR THEIR USE INCLUDING DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (TOGETHER “LOSSES”). THE SUBSCRIBER ACKNOWLEDGES AND AGREES THAT, EXCEPT WHERE IT HAS ENTERED INTO A RELEVANT WRITTEN AGREEMENT DIRECTLY WITH A THIRD PARTY SOURCE, IT HAS NO CONTRACT WITH ANY THIRD PARTY SOURCE IN RESPECT OF THE SUPPLY OF ANY OF THE LICENSED MATERIALS AND THAT NO THIRD PARTY SOURCE OWES THE SUBSCRIBER ANY DUTY OF CARE WITH RESPECT TO THE LICENSED INFORMATION OR ACCEPTS ANY RESPONSIBILITY FOR THEM. THE SUBSCRIBER UNDERTAKES TO WILLIAM O’NEIL+ CO. INCORPORATED THAT IT WILL NOT BRING OR THREATEN TO BRING ANY LEGAL ACTION AGAINST ANY THIRD PARTY SOURCE IN RESPECT OF ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF ANY OF THE LICENSED MATERIALS, EXCEPT AS OTHERWISE AGREED WITH THE SUBSCRIBER BY THE THIRD PARTY SOURCE.

THE SERVICES ARE PROVIDED “AS IS” AND ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, GUARANTEES, ENDORSEMENTS, ORAL OR WRITTEN, WHETHER EXPRESS OR IMPLED (BY COMMON LAW, STATUTE OR OTHERWISE) IN RELATION TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WILLIAM O’NEIL+ CO. INCORPORATED AND THIRD PARTY SOURCES DISCLAIM IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MAKE NO WARRANTY OF ACCURACY COMPLETENESS, CURRENTNESS, FUNCTIONALITY, RELIABILITY OR SPEED OF DELIVERY. THE SUBSCRIBER AGREES THAT THE SERVICES ARE NOT INVESTMENT ADVICE.

WILLIAM O’NEIL+ CO. INCORPORATED ACCEPTS NO LIABILITY IN CONTRACT, TORT OR OTHERWISE FOR (I) ANY ERROR IN THE LICENSED MATERIALS; (II) FOR THE CONSEQUENCES OF RELIANCE BY THE SUBSCRIBER ON THE LICENSED MATERIALS NOR (III) FOR ANY INTERRUPTION TO THE SERVICES.

WILLIAM O’NEIL+ CO. INCORPORATED WILL NOT BE LIABLE IN ANY WAY FOR ANY FAILURE IN, INTERRUPTION TO OR DEGRADATION OF THE SERVICES CAUSED DIRECTLY OR INDIRECTLY BY THE SUBSCRIBER EQUIPMENT, INCLUDING ANY FAILURE OF THE SUBSCRIBER EQUIPMENT TO MEET THE MINIMUM SYSTEM CONFIGURATION.

WILLIAM O’NEIL+ CO. INCORPORATED WILL NOT IN ANY CIRCUMSTANCES BE LIABLE IN CONTRACT OR TORT OR OTHERWISE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOSS INCLUDING LOSS OF PROFITS, BUSINESS, WASTED MANAGEMENT TIME OR ANTICIPATED SAVINGS NOR FOR ANY TYPE OF INDIRECT LOSS HOWEVER IT MAY ARISE, EVEN IF WILLIAM O’NEIL+ CO. INCORPORATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

THE AMOUNT OF WILLIAM O’NEIL+ CO. INCORPORATED’S LIABILITY WHICH MAY ARISE OUT OF OR IN CONNECTION WITH SUBSCRIBER’S USE OF SERVICE, WILL, IN RESPECT OF ALL INCIDENTS OCCURING IN ANY ONE CALENDAR YEAR, BE LIMITED TO THE AMOUNT OF THE CHARGES (EXCLUSIVE OF SALES TAXES AND THIRD PARTY SOURCE CHARGES) PAID BY SUBSCRIBER, OR ANY OTHER PERSON OR ENTITY SEEKING RELIEF THROUGH SUBSCRIBER, TO WILLIAM O’NEIL+ CO. INCORPORATED, IN CONNECTION WITH THE SUBSCRIBER’S USE OF SERVICE FOR THAT CALENDAR YEAR IN WHICH THE INCIDENTS GIVING RISE TO THE LIABILITY OCCURRED.

PRIVACY POLICY

williamoneil.com/about-us/legal/privacy/

Refinitiv™

© 2020 Refinitiv. All rights reserved. Republication or redistribution of Refinitiv content, including by framing or similar means, is prohibited without the prior written consent of Refinitiv. Refinitiv and the Refinitiv logo are trademarks of Refinitiv and its affiliated companies.

Refinitiv or its third party providers own and retain all rights, title and interest, including but not limited to copyright, trademarks, patents, database rights, trade secrets, know-how, and all other intellectual property rights or forms of protection of similar nature or having equivalent effect, anywhere in the world, in the Datastream, US and Global OP, CDA/Spectrum and Insider Filing and user is not granted any proprietary interest therein or thereto. The Datastream, US and Global OP, CDA/Spectrum and Insider Filing constitutes confidential and trade secrets of Thomson Reuters or its third party providers. Display, performance, reproduction, distribution of, or creation of derivative works or improvements from Datastream, US and Global OP, CDA/Spectrum and Insider Filing in any form or manner is expressly prohibited, except to the extent expressly permitted hereunder, or otherwise, with the prior written permission of Thomson Reuters.

User may use the Datastream, US and Global OP, CDA/Spectrum and Insider Filing for internal purposes only. User may copy, paste and distribute internally only an insubstantial amount of the data contained in the Datastream, US and Global OP, CDA/Spectrum and Insider Filing provided that: (a) the distribution is incidental to or supports user’s business purpose, (b) the data is not distributed by user in connection with information vending or commercial publishing (in any manner or format whatsoever), not reproduced through the press or mass media or on the Internet, and (c) where practicable, clearly identifies Refinitiv or its third party providers as the source of the data. Data will be considered in “insubstantial amount” if such amount (i) has no independent commercial value, (ii) could not be used by the recipient as a substitute for any product or service (including any download service) provided by Refinitiv or a substantial part of it.

To the extent that the Datastream, US and Global OP, CDA/Spectrum and Insider Filing contains any third party data referred to in the General Restrictions/Notices page set forth on https://www.refinitiv.com/en/policies/third-party-provider-terms, the terms set forth on such General Restrictions/Notices page shall apply to User.

User acknowledges that access to certain elements of the Datastream, US and Global OP, CDA/Spectrum and Insider Filing may cease or may be made subject to certain conditions by Refinitiv or upon the instructions of the third party provider of those elements. Upon termination or expiration of this user license, all rights granted hereunder shall immediately terminate and User shall cease to use the Datastream, US and Global OP, CDA/Spectrum and Insider Filing and delete or destroy all copies thereof in its possession or control.

NEITHER REFINITIV NOR ITS THIRD PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE DATASTREAM, US AND GLOBAL OP, CDA/SPECTRUM AND INSIDER FILING WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE DATASTREAM, US AND GLOBAL OP, CDA/SPECTRUM AND INSIDER FILING AND RELIANCE THEREON IS AT USER’S SOLE RISK. NEITHER REFINITIV OR ITS THIRD PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE DATASTREAM, US AND GLOBAL OP, CDA/SPECTRUM AND INSIDER FILING, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE DATASTREAM, US AND GLOBAL OP, CDA/SPECTRUM AND INSIDER FILING. THE DATASTREAM, US AND GLOBAL OP, CDA/SPECTRUM AND INSIDER FILING IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED.
Refinitiv

The Refinitiv Logo and Refinitiv are trademarks of Refinitiv and its affiliated companies in the United States and other countries and used herein under license. © 2020 Refinitiv. All rights reserved. Republication or redistribution of Refinitiv content, including by framing or similar means, is prohibited without the prior written consent of Refinitiv. Refinitiv and the Refinitiv logo are trademarks of Refinitiv and its affiliated companies.
Use, duplication, or sale of this service, or data contained herein, except as described in the PANARAY Subscription Agreement, is strictly prohibited.

STANDARD & POOR’S CUSIP SERVICE BUREAU

Subscriber understands that access to data is expressly conditioned on the effectiveness of a distribution agreement and all such access shall automatically terminate upon termination of the license granted under such agreement.

Subscriber agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, Standard & Poor’s CUSIP Service Bureau (“CSB”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein. Any use by Subscriber outside of the clearing and settlement of transactions requires a license from CSB, along with an associated fee based on usage. Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to CSB and ABA, and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, Subscriber agrees that in the event of any misappropriation or misuse, CSB and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CSB and ABA may be entitled.

Subscriber agrees that Subscriber shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. Subscriber further agrees that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CSB.

NEITHER CSB, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MECHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE REULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CSB, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CSB, AB OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CSB AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.

Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.

CME:

NASDAQ:

Index data provided by NASDAQ on a 20-minute delayed basis.

MSCI INC.:

The Global Industry Classification Standard (GICS®) was developed by and is the exclusive property of MSCI Inc. and Standard & Poor’s. GICS is a service mark of MSCI and S&P and has been licensed for use by William O’Neil + Co. Incorporated.

Copyright MSCI 2020. All Rights Reserved. Without prior written permission of MSCI, this information and any other MSCI intellectual property may only be used for your internal use, may not be reproduced or redisseminated in any form and may not be used to create any financial instruments or products or any indices. This information is provided on an “as is” basis, and the user of this information assumes the entire risk of any use made of this information. Neither MSCI nor any third party involved in or related to the computing or compiling of the data makes any express or implied warranties, representations or guarantees concerning the MSCI index-related data, an in no event will MSCI or any third party have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) relating to any use of this information.

LONDON STOCK EXCHANGE:

PANARAY provided by William O’Neil + Company contains SEDOL Masterfile® data sourced from the London Stock Exchange®. It is the obligation of the Customer to ensure they have the appropriate license in place with the London Stock Exchange to receive this data. Customer agrees that William O’Neil + Company may provide the Customer’s contact information to the London Stock Exchange to allow verification of the license status. William O’Neil + Company is required to exclude SEDOL Masterfile data from PANARAY until as such time as the London Stock Exchange confirms that permission has been granted to do so. The London Stock Exchange may require William O’Neil + Company to cease the provision of the SEDOL Masterfile® if requested to do so by the Exchange where the Customer is in breach of its license with the London Stock Exchange.

INTERACTIVE DATA REAL-TIME SERVICES, INC.

All information (the “Interactive Data Information”) provided by Interactive Data Real-Time Services, Inc. (together with its affiliates collectively referred to as “Interactive Data”) is owned by or licensed to Interactive Data and any User is permitted to use such Interactive Data Information only for such user’s personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Interactive Data Information in any format to anyone, and no user shall use any Interactive Data Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.

Prior to relying on any Interactive Data Information and/or the execution of a security trade based upon such Interactive Data Information, you are advised to consult with your broker or other financial representative to verify pricing information.

THE INTERACTIVE DATA INFORMATION IS PROVIDED TO THE USERS “AS IS.” NEITHER INTERACTIVE DATA, NOR ITS AFFILIATES, NOR ANY THIRD PARTY DATA PROVIDER MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE INTERACTIVE DATA INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER INTERACTIVE DATA, NOR ITS AFFILIATES, NOR ANY THIRD PARTY DATA PROVIDER WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE INTERACTIVE DATA INFORMATION OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY) RESULTING THEREFROM.

NASDAQ Basic^SM

NASDAQ Basic^SM is a real-time product that offers Best Bid and Offer and Last Sale information for all U.S. exchange-listed stocks based on trade reports from the NASDAQ^® Market Center and the FINRA/NASDAQ Trade Reporting Facility™ (TRF™).

HONG KONG EXCHANGE (HKEx)

HKEX INFORMATION SERVICES LIMITED, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.

BM & FBOVESPA SA

MARKET DATA FEED is generated in TRADING SYSTEMS using technology, methods, and labor provided solely by BM&FBOVESPA at its expense. BM&FBOVESPA is the sole owner of all rights, including intellectual property rights, pertaining to MARKET DATA FEED, and any changes or enhancements made thereto, except any third-party data which BM&FBOVESPA is authorized to distribute. END-USER undertakes to respect such rights and to refrain from removing or altering any copyright symbols, warnings or notices, and/or service marks or trademarks contained or mentioned in MARKET DATA FEED;
This limited license does not give END-USER any ownership, title, intellectual property, participation or any other interest in MARKET DATA FEED, which remains the sole property of BM&FBOVESPA and/or its partners, and may be used by END-USER only for internal purposes, as specified below;
END-USER is authorized to use MARKET DATA FEED solely for the purposes of investment decision support and may not use it in any way that infringes upon BM&FBOVESPA’s rights or violates the terms of this Agreement or the Agreement entered into by and between the provider of MARKET DATA FEED (“MARKET DATA DISTRIBUTOR”) and BM&FBOVESPA and the terms of use posted on the provider’s website or otherwise made available to ENDUSER. BM&FBOVESPA shall have the right to change the terms of use for MARKET DATA FEED from time to time in its own discretion;
All BM&FBOVESPA’s and/or its partners’ rights of ownership in and to MARKET DATA FEED shall be protected, during the term of this license agreement and afterward, with the same care as MARKET DATA DISTRIBUTOR and END-USER take to protect their own property, and END-USER undertakes to comply with all BM&FBOVESPA terms of use for MARKET DATA FEED as amended from time to time;
END-USER agrees to be bound by all applicable obligations contained in these terms of use. These terms of use may be amended from time to time by BM&FBOVESPA;
Except with the prior written consent of BM&FBOVESPA expressed in a separate agreement and pursuant to the guidelines of the then applicable BM&FBOVESPA’s policy, MARKET DATA FEED may not be used for the purposes of producing, creating, calculating or generating indexes of any kind, financial instruments or securities (such as options and derivatives) for the benefit of END-USER or third parties. If an END-USER fails to comply with this prohibition on use of MARKET DATA FEED, BM&FBOVESPA may direct MARKET DATA DISTRIBUTOR to discontinue such END-USER’s access to MARKET DATA FEED and impose the penalties provided in the Agreement entered into by and between the MARKET DATA DISTRIBUTOR and BM&FBOVESPA, as well as resort to all the remedies available at law and in equity to terminate any infringement of BM&FBOVESPA’s rights in MARKET DATA FEED or any breach of this agreement or any agreement entered into between MARKET DATA DISTRIBUTOR and an END-USER. END-USER agrees that BM&FBOVESPA will suffer irreparable harm if the END-USER makes unauthorized use of MARKET DATA FEED to produce, create, circulate or generate indexes. The END-USER further acknowledges and agrees that (i) BM&FBOVESPA is an intended beneficiary of any agreement between the ENDUSER and its supplier of MARKET DATA FEED and BM&FBOVESPA shall have the right to enforce the provisions thereof, considering the irreparable harm it will suffer in case the license terms are violated, and (ii) the BM&FBOVESPA terms of use, as amended from time to time, shall be deemed to be incorporated by reference in such agreement. BM&FBOVESPA may take any action to enforce its rights and remedies without having to elect among them and without prejudice to its right to recover damages for losses incurred by BM&FBOVESPA or third parties as a result of any such infringement or breach;
END-USER is prohibited from distributing, redistributing, transferring, transmitting, disclosing, reselling, licensing, sublicensing, recirculating, reformatting, publishing, providing third parties with unauthorized MARKET DATA FEEDs or services involving the evaluation or supply of databases and products through the use of, or passing on MARKET DATA FEED, wholly or partially, in any way without the prior written consent of BM&FBOVESPA;
END-USER understands and agrees that BM&FBOVESPA or any representative appointed by BM&FBOVESPA may upon request, at any time, provided the END-USER is notified at least thirty (30) days in advance, inspect END-USER’s books, records and systems relating to the reception of MARKET DATA FEED and license agreements signed with the MARKET DATA DISTRIBUTOR in order to verify the veracity and accuracy of the information contained therein, and to make sure END-USER is in compliance with its agreement with its MARKET DATA DISTRIBUTOR, with the Agreement entered into by and between the MARKET DATA DISTRIBUTOR and BM&FBOVESPA, and with the terms of use; (ix) END-USER shall indemnify and hold harmless BM&FBOVESPA and MARKET DATA DISTRIBUTOR any damages or claims for damages caused to BM&FBOVESPA, MARKET DATA DISTRIBUTOR or third parties by unauthorized use of MARKET DATA FEED, including reasonable attorneys’ fees, expert fees, and costs of litigation;
BM&FBOVESPA does not warrant or guarantee the sequence, timeliness, accuracy or completeness of MARKET DATA FEED and shall not be liable to MARKET DATA DISTRIBUTOR, its END-USERS, REDISTRIBUTORS or third parties for any delays, inaccuracies, errors or omissions in MARKET DATA FEED supplied hereunder or for any damages deriving therefrom or caused thereby. BM&FBOVESPA further assumes no responsibility and disclaims all liability for any damages caused by disruptions of the distribution of MARKET DATA FEED, including without limitation, disruptions due to an act of God or force majeure;
The terms and conditions contained herein shall prevail over any other inconsistent or incompatible agreements or provisions thereof by and between END-USER and MARKET DATA DISTRIBUTOR, and may be altered only by written agreement signed by BM&FBOVESPA;
END-USERS may not use any trademarks, service marks, symbols, distinctive signs or elements identifying BM&FBOVESPA, its products or services, or engage in any advertising, publicity or marketing activities that associate its activities with those of BM&FBOVESPA, without the latter’s prior written consent, and any such authorized use shall be in strict compliance with the terms and conditions imposed by BM&FBOVESPA on such use.”

SHANGHAI STOCK EXCHANGE

China Investment Information Services Limited, it’s holding companies and/or any subsidiary of such holding companies and/or its third party content provider(s) endeavor to ensure the accuracy and reliability of the information provided but do not guarantee its suitability, availability, service level, timeliness, accuracy or reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any interruption, defect, error, delay, inaccuracies or omissions.

Subscriber is responsible for obtaining the appropriate licenses for the use of the company identifiers William O’Neil + Co. Incorporated provides.

COINMARKETCAP

Some data available on the panaray.com website and/or PANARAY applications is provided by CoinMarketCap.

THE DATA PROVIDED BY COINMARKETCAP IS PROVIDED “AS IS”. NEITHER COINMARKETCAP, ITS AFFILIATES NOR ANY OF THEIR PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND TO ANY PERSON OR PARTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA, THE TIMELINESS, RELIABILITY, ACCURACY OR COMPLETENESS THEREOF, THE RESULTS TO BE OBTAINED BY THE USE THEREOF OR ANY OTHER MATTER. COINMARKETCAP EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE DATA DOES NOT CONSTITUTE A RECOMMENDATION TO BUY OR SELL SECURITIES OF ANY KIND. BY VIEWING THIS DATA, YOU AGREE THAT COINMARKETCAP HAS NOT UNDERTAKEN ANY LIABILITY OR OBLIGATION RELATING TO THE PURCHASE OR SALE OF ANY SECURITIES, AND YOU ACCEPT RESPONSIBILITY FOR AND ACKNOWLEDGE THAT YOU AND THE ENTITY ON WHOSE BEHALF YOU ARE VIEWING THE DATA EXERCISES ITS OWN INDEPENDENT JUDGMENT IN, ITS SELECTION AND USE OR INTENDED USE OF ANY DATA, AND ANY RESULTS OBTAINED. ANY RELIANCE ON THE DATA IS AT THE USER’S SOLE RISK, AND NEITHER THE USER NOR THE ENTITY ON WHOSE BEHALF THE DATA IS USED SHALL HAVE ANY RECOURSE OR CLAIM AGAINST COINMARKETCAP, ITS AFFILIATES OR ITS PROVIDERS ARISING FROM SUCH RELIANCE. IN NO EVENT SHALL COINMARKETCAP OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO THE USE OF THE DATA, WHETHER IN TORT, CONTRACT OR OTHERWISE, AND WHETHER OR NOT COINMARKETCAP (OR ITS PROVIDERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FACTSET©

This computer program and the data contained herein is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, data or any portion thereof, may result in severe criminal penalties, and will be prosecuted to the maximum extent possible under the law.