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<%@ taglib uri="tiles.tld" prefix="tiles" %>
<%@ page import="com.nymex.util.Constants"%>
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| THE TERMS OF AGREEMENT SET FORTH BELOW ARE THE TERMS UNDER WHICH
NEW YORK MERCANTILE EXCHANGE, INC. ("NYMEX") PERMITS ACCESS TO VIEWING, ON ITS
WEBSITE, NYMEX MARKET DATA AS DEFINED BELOW. IF YOU, AS VIEWER, AGREE TO THE
TERMS SET FORTH BELOW, AND INDICATE YOUR AGREEEMENT IN THE MANNER REQUIRED
BELOW, YOU WILL BE GIVEN ACCESS TO VIEWING NYMEX MARKET DATA ON THE NYMEX
WEBSITE. IF YOU DO NOT INDICATE YOUR AGREEMENT BELOW, YOU WILL NOT BE GIVEN
ACCESS ON THIS WEBSITE TO NYMEX MARKET DATA. THIS PAGE MAY BE PRINTED SO THAT
YOU CAN RETAIN A HARD COPY OF IT. |
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| 1. |
For purposes of this Agreement, the term "NYMEX Market Data" means information
and data pertaining to futures contracts and options contracts traded on New
York Mercantile Exchange, Inc. and its subsidiary, Commodity Exchange, Inc.
("NYMEX"), that includes, without limitation, opening and closing range prices,
high-low prices, settlement prices, current bid and ask prices, last sale
prices, price limits, requests for quotations, estimated and actual contract
volume data, text messages pertaining to market activity, contract
specifications, fast or late messages and, as determined by NYMEX, may include
information respecting exchange-for-physical (EFP) or against actuals (AA)
transactions. With respect to the viewer's obligations under this Agreement,
NYMEX Market Data also includes information, data and materials that are
derived from the foregoing and that convey information to viewer that is
substantially equivalent to NYMEX Market Data. |
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| 2. |
Viewer acknowledges and agrees that NYMEX has exclusive and valuable property
rights in and to NYMEX Market Data, that NYMEX Market Data constitutes valuable
confidential information, trade secrets, and/or proprietary rights of NYMEX,
not within the public domain, and that, but for this Agreement, the viewer
would have no rights or access to NYMEX Market Data. |
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| 3. |
Viewer agrees that he or she may not use, disseminate, or copy any of the NYMEX
Market Data other than as expressly permitted in this Agreement. Viewer may use
NYMEX Market Data only for viewer's (a) trading, for viewer's own account or
for the account of viewer's customers, of commodity futures contract, options
on commodity futures contract, or similar instruments, or (b) evaluating, for
viewer's own internal business decisions or advice to viewer's customers, the
movements or trends in markets for commodity futures contracts, options on
commodity futures contracts, or like instruments, subject to all of the
limitations set forth below in this paragraph as to the telephonic disclosure
to customers of a necessary and de minimis number of segments of Market Data.
Viewer also agrees that he or she will not communicate or otherwise furnish, or
permit to be communicated or otherwise furnished, NYMEX Market Data, in any
format, to any other person, except that viewer may, in the regular course of
his or her business, occasionally furnish, to each of viewer's customers, in a
quantity restricted to that necessary to enable viewer to conduct viewer's
business, a de minimis number of segments of NYMEX Market Data. Such
redissemination must be strictly limited to telephonic communications not
entailing the use of computerized voice synthesization or any other technology
and must be strictly related to the trading activity of viewer (a) on his or
her own behalf or (b) on behalf of his or her customers. |
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| 4. |
DISCLAIMER OF WARRANTIES. VIEWER AGREES THAT NYMEX MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO NYMEX MARKET DATA, OR THE
TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY,
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR
OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE. |
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| 5. |
Viewer agrees that neither NYMEX or any of its affiliates, nor any of their
respective members, directors, officers, employees or agents, guarantees the
sequence, accuracy or completeness of NYMEX Market Data, nor shall any of them
be liable to viewer, any other individual, or any entity for any delays,
inaccuracies, errors or omissions in NYMEX Market Data, or in the transmission
thereof, or for any other damages arising in connection with viewer's receipt
or use of Market Data. |
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| IN ORDER TO INDICATE THE VIEWER'S AGREEMENT TO THE ABOVE TERMS,
YOU, AS VIEWER, MUST SELECT THE 'I AGREE' OPTION BELOW THAT CONFIRMS YOUR
AGREEMENT TO THE ABOVE TERMS. |
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I agree |
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I disagree |
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