Investment Custodian Accounts Integration Addendum – Third-Party Data Terms
Third-Party Data. Monetary, Inc. may make available to Customer certain data, indices, analytics, or other information that is sourced from third-party data providers (“Third-Party Data”) for the Investment Custodian Accounts Integration Product. Third-Party Data is licensed to Monetary, Inc. and made available to Customer subject to the restrictions set forth in this Addendum.
Permitted Use.
Customer may use Third-Party Data solely for its internal business purposes in connection with its authorized use of the Monetary, Inc. services.
Customer will not, directly or indirectly:
resell, sublicense, distribute, disclose, publish, transfer, or otherwise make Third-Party Data available to any third party (including affiliates);
use Third-Party Data for the benefit of any third party;
modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from Third-Party Data; or
use Third-Party Data in any manner that violates applicable law or the usage restrictions imposed by the applicable third-party data provider.
Ownership and Proprietary Rights. All right, title, and interest in and to Third-Party Data remain with the applicable third-party data providers and their licensors. No rights are granted to Customer other than the limited right to use Third-Party Data as expressly set forth in this Addendum. Customer will not remove, obscure, or alter any proprietary notices or legends included with Third-Party Data.
Disclaimers Regarding Third-Party Data. THIRD-PARTY DATA IS PROVIDED “AS IS” AND “AS AVAILABLE.” Monetary, Inc. AND THE THIRD-PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY DATA, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes all risk arising from its use of or reliance on Third-Party Data.
Regulatory and Benchmark Use Restrictions (If Applicable). To the extent Third-Party Data includes indices or calculations subject to financial benchmark regulations, Customer will not use such Third-Party Data as a benchmark or for any regulated benchmark purpose under applicable law.
Third-Party Beneficiaries. The applicable third-party data providers are intended third-party beneficiaries of Sections 2 (Permitted Use), 3 (Ownership and Proprietary Rights), and 4 (Disclaimers) of this Addendum and may enforce those provisions directly to protect their rights in the Third-Party Data. No other provisions of the Agreement create third-party beneficiary rights.
Suspension or Termination of Access. Monetary, Inc. may suspend or terminate Customer’s access to Third-Party Data to the extent required to comply with its obligations to third-party data providers or if Customer’s use of Third-Party Data violates this Addendum.
Survival. Sections 2 through 6 of this Addendum will survive any expiration or termination of the Agreement to the extent necessary to give them effect.