(A) SECTION A: ARABESQUE S-RAY™ SERVICE (“Arabesque S-Ray”)
- General Terms. The General Terms set out below in Section C apply to Arabesque S-Ray.
- Access. Arabesque S-Ray can be openly accessed at sray.arabesque.com.
- Fees. Arabesque S-Ray is provided free of charge. Arabesque reserves the right at any time to amend the fees it charges for Arabesque S-Ray.
(B) ARABESQUE S-RAY PRO™ SERVICE and ARABESQUE S-RAY ENTERPRISE™ SERVICE (“Arabesque S-Ray Pro” and “Arabesque S-Ray Enterprise” respectively, and together “Arabesque S-Ray Paid Services”)
- General Terms. The General Terms set out below in Section C apply to Arabesque S-Ray Paid Services.
- Access. Arabesque S-Ray Paid Services can be accessed at sray.arabesque.com only with the use of a dedicated password supplied by Arabesque after payment by the user to Arabesque of the relevant fee for the Arabesque S-Ray Paid Service.
- Passwords. You will not share your password for the Arabesque S-Ray Paid Services with anyone else.
- Fee. Arabesque S-Ray Pro is provided at a fee of US$ 2,500 per annum per single user licence, and Arabesque S-Ray Enterprise is provided at a fee of US$ 25,000 per annum for an unlimited number of multi-user licences.
- Payment. Payment of all fees owing to Arabesque for the Arabesque S-Ray Paid Services is due within 30 days of demand. Access to the Arabesque S-Ray Paid Service will only commence once the appropriate fee has been received in cleared funds.
- Fee variation. Arabesque reserves the right at any time to amend the fee it charges for any Arabesque S-Ray Paid Service.
- Non-payment. Arabesque reserves the right to cease providing access to the Arabesque S-Ray Paid Service if the relevant user fails to pay the appropriate fee on time.
- VAT. Any user tax resident in Germany who purchases one of the Arabesque S-Ray Paid Services will be charged value added tax,
- Effect of Termination. No fees will be repayable by Arabesque in the event of termination.
- Clients. Arabesque may display in lists of clients of S-Ray the names and logos of companies and entities who have purchased access to an Arabesque S-Ray Paid Service.
(C) GENERAL TERMS
- Service. Arabesque provides the Arabesque S-Ray service, the Arabesque S-Ray Pro service, and the Arabesque S-Ray Enterprise service (individually and together, the “Services”).
- Arabesque. The Services are provided to you by Arabesque, a company registered at Zeppelinallee 15, 60325 Frankfurt am Main, Germany.
- Data. Certain data used in, or provided by. the Services has been obtained from sources outside Arabesque. While such information is believed to be reliable for the purposes used, no representations are made as to the accuracy or completeness thereof, and neither Arabesque nor its affiliates has any liability in respect thereto.
- Intellectual Property. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Arabesque, that they are the intellectual property of Arabesque, and that you acquire no intellectual property rights or licences to the Services by virtue of your use of the Services.
- Powered by Arabesque S-Ray™. If you cite any individual data points from the Services in any marketing material, academic work, informational material, research study, or in any other way, you must include the phrase “Powered by Arabesque S-Ray™” in your attribution citation.
- Confidentiality. The Services are provided on a confidential basis by Arabesque and are for information purposes only. The Services are unconnected to any of the asset management activities conducted within the Arabesque group, and are not a solicitation or an offer to buy any security or instrument or to participate in any trading. You will keep confidential all the information contained in the Services and not disclose any such information to any other person.
- Reproduction. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Services, except that you may download material from the Services website and/or make copies for your personal, non-commercial use. You may not recirculate, redistribute or publish the data provided in the Services in any way.
- Liability. Arabesque makes no representations and accepts no liability in any matter or in any way whatsoever with regard to the Services, and will not in any circumstances be financially liable in connection with supplying the Services. This waiver of liability includes, but is not limited to, the accuracy and reliability of the data included in the Services, the delivery of the Services, and any interruption to the provision of the Services or drop in the quality of the Services in connection with a force majeure event.
- No suit. You will not engage in litigation (or any other form of alternative dispute resolution) against Arabesque in connection with the provision of, or content within, the Services.
- No interference. You will not violate the security of the Services or attempt to gain unauthorized access to the Services, data, materials, information, computer systems or networks connected to any server associated with the Services, through hacking, password timing or any other means. You will not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Services, any data or content found on or accessed through the Services, or any other Services information without the prior express written consent of Arabesque.
- Term and Termination. The contract between you and Arabesque will remain in force until terminated by you or by Arabesque upon giving the other party one month’s notice.
- Governing law. This contract shall be governed by the laws of Germany and the courts of Frankfurt am Main shall have exclusive jurisdiction.