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("COMTEX"), its information providers, and International
TradingCharts.com, Inc / TFC Commodity Charts (TradingCharts.com) retain all proprietary right, title or interest, including copyright, in the stories, articles
or other material, including but not limited to text, images, and other multimedia data, that COMTEX provides
as part of Distributor's Services (the "Content").
Restrictions on Use. End-User agrees that it will not copy nor license, sell, transfer, make
available or otherwise distribute the Content to any entity or person. End-User shall use its best efforts
to stop any such copying or distribution immediately after such use becomes known.
No Warranty. The Content is provided "AS IS." COMTEX, ITS INFORMATION
PROVIDERS, AND TRADINGCHARTS.COM DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, THE CONTENT AND ALL
PERFORMANCE HEREUNDER. COMTEX, its information provders and
TradingCharts.com make no warranties regarding the completeness,
accuracy or availability of the Content.
Limitation of Liability. In no event shall COMTEX, its information providers
or TradingCharts.com be liable to
End-User or any other person or entity for any direct, indirect, special, exemplary or consequential damages,
including lost profits, arising under this Agreement or from performance thereunder based in contract,
negligence, strict liability or otherwise, whether or not they or it had any knowledge, actual or constructive,
that such damages might be incurred.
Indemnification. End-User shall indemnify and hold harmless
COMTEX, its information providers and TradingCharts.com
against any claim, damages, loss, liability or expense, including attorneys fees, arising out of End-User's
use of the Content in any way contrary to this Agreement.
Beneficiaries of this Agreement. The rights
and limitations in this COMTEX End-User Agreement are for the benefit of
COMTEX, its information providers, and TradingCharts.com,
each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
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