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3. Ownership; General Limitations on Use.
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5 Member Content (User Generated Content); Message Boards.
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10.General. Except as set forth in Section 2 above, this Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York, New York. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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TERMS FOR CERTAIN CONTENT SETS:
1. Interactive Data Pricing and Reference Data. If content or information displayed on the Services includes data distributed by Interactive Data Pricing and Reference Data, you agree that you will not download or copy more than fifty (50) securities per day.
2. CUSIP Database and Information
Without limiting the foregoing, with respect to the CUSIP database and information included in connection with the Services, if any, you agree to the following:
You agree and acknowledge 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"), the Information Providers for the CUSIP database and information, and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. Any use by you outside of the clearing and settlement of transactions requires a license from the CSB, along with an associated fee based on usage. You agree 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, you agree 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.
You agree that you shall not publish or distribute in any medium the CUSIP database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. You further agree 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.
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The CUSIP database and information included therein are owned or licensed by CSB and the ABA.