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| Overview | 20.05. 17:51 | | | | | SMI | 8.280,25 | 0,29% | | | | | SPI | 7.776,41 | 0,28% | | | | | DAX | 8.455,83 | 0,69% | | | | | | MDAX | 14.163,68 | 0,66% | | | | | TecDax | 971,28 | 0,39% | | | | | EuStoxx | 2.824,10 | 0,22% | | | | |
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Business conditions for Quoteline Information Services |
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§ 1 General
§ 2 Coverage of the information service
§ 3 Content of the information service
§ 4 Additional customer duties
§ 5 Warranty
§ 6 Liability
§ 7 Participation and emolument
§ 8 Payment and due-ness of the emolument
§ 9 Additional expenses
§ 10 Interruptions of the information services
§ 11 Contract period and contract termination
§ 12 Final determinations
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§ 1 General |
The customer is allowed to use the information services of Quoteline within the following terms of use. |
§ 2 Coverage of the information service |
(1) Real-time information services provide the customer information, particularly quote information without time delay.
(2) End-of-day information services provide daily data after the closing of the stock exchanges. Wherever possible, end-of-day data cover close, high, low, open and volume data. These quotes will be downloaded by the customer via Internet (FTP or email) or via a local mailbox from Quoteline. A conversion software will convert the daily data in the data format of the stock exchange analysis software. The license fees for end-of-day information services are included in the prices.
(3) Historical data are under the same rights and duties as data which is delivered within a data-subscription.
(4) In general, all information services are available 24 hours a day.
(5) Maintenance works might lead to interruptions. For the time of these maintenance works, Quoteline is not in duty to deliver data.
(6) Fire, strike and other unforeseeable circumstances might lead to interruptions of the data service. Quoteline is not in duty to deliver data under such circumstances. Quoteline is also not in duty to deliver data, if breakdowns in the communication infrastructure, like telephone lines, or a computer virus makes the delivery of data impossible.
(7) Without permission of Quoteline, the customer is not allowed to pass or to make available data to third parties or to publish the data in any form. The customer might use the data only within this contract for his own purposes. He might not pass the data to thirds or sell or publish the data to thirds. The customer is on duty not to use the information service for illegal transactions or to make it available for thirds for illegal transactions. Thirds in the meaning of this contract are also companies, in which the customer is involved directly or indirectly or which are public.
(8) The customer is on duty not to use the information service with any other equipment then allowed by Quoteline.
(9) The customer guarantees, not to sell the information or to use the data as a business and the customer guarantees, not to allow third parties do this.
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§ 3 Content of the information service |
(1) Quoteline keeps its full redaction freedom to change all contents. Quoteline might especially change the content of the "INDICES" data block, for example if a stock exchange changes ist license policy or increases its license fees.
(2) The customer respects, that Quoteline is not responsible for the quality of data that is provided by thirds.
(3) The customer respects all copyrights in connection with the data services.
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§ 4 Additional customer duties |
(1) The customer must have all permissions needed to receive data from Quoteline.
(2) Adress changes of the customer must be reported to Quoteline at least 30 days in advance.
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§ 5 Warranty |
(1) Quoteline will take every necessary action for the accuracy and reliability of the data services.
(2) Quoteline guarantees the anonymity of all customers against third parties. This anonymity is not guaranteed against the officials of stock exchanges of which the customers receives data.
(3) Quoteline takes no warranty for the accuracy of the content of the information services.
(4) Quoteline is not in duty to make corrections in products that are provided by thirds, especially not in software which was not produced by Quoteline.
(5) All other warranties are denied.
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§ 6 Liability |
(1) Quoteline is responsible in all cases that require encumber. Quoteline is not responsible for damages caused by its staff which occured withour knowledge of the management.
(2) Liability of third parties is restricted in the same way.
(3) Quoteline is not responsible for the misuse of the information service by customers.
(4) Quoteline is not liable for any technical transmission media's.
(5) Liability because of inccorect or incomplete information is denied. Quoteline is not responsible for losses of customers due to incorrect or incomplete information.
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§ 7 Participation and emolument |
(1) With the subscription, the customer gets access to the information service provided by Quoteline.
(2) Contract-commencement of the data-subscription of end-of-day data is the 1st of the month who is following the month of the signin of the contract. Quoteline may reject customers withour stating reasons for refusing. Without refusal, the contract will get valid.
(3) Other services will be charged at the day that follows the data of the signing of the additional contract.
(4) If not specifically stated otherwise, all prices do not include the Value Added Tax (VAT).
(5) The prices for the information services do not include telephone fees for data-connections via internet. Additional costs for license fees of stock exchanges must be paid by the customer. The customer has the right, to refuse additional services.
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§ 8 Payment and due-ness of the emolument |
(1) The subscription fees for end-of-day information services must be paid by the customer half-yearly in advance.
(2) If the customer is in delay with the payment, Quoteline might charge delay-interest in height of 4% over the respective discount rate of the Swiss National Bank.
(3) Compensation or retention on the side of the customer is restricted to cases in which a law instance has agreed.
(4) All merchandise delivered by Quoteline remain property of Quoteline until the complete payment of the full amount.
(5) Quoteline may increase all fees with a period of 90 days. In this case, the customer has the right to retain from the contract within 60 days after the increment of the fee. Overpaid fees will be paid back by Quoteline pro rata temporis.
(6) The customer may not cancel the contract or to retrain from the contract in the case of price increments, if the price increment is not higher than the increase of the customer price index which is determined by the Swiss national bank.
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§ 9 Additional expenses |
(1) If there arises addition license or other fees according to § 7 (5), then the customer must pay these additional fees. The customer must be informed in advance about this changes. |
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§ 10 Interruptions of the information services |
(1) Quoteline might interrupt the information services, if the customer fails to pay or if the customer fails essential obligations of this contract, especially §2 (6) - (8) and §3 (1). Quoteline will suspend this interruption, as soon as the customer fulfils its obligations. |
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§ 11 Contract period and contract termination |
(1) The subscription contract for end-of-day information runs one year and is extended automatically for another year, if the contract is not cancelled at least three months prior to the temination of a full year.
(2) The cancellation can be made from both parties and must be made in written form.
(3) Quoteline might cancel this contract at any time, if the customer fails to fulfil substantial duties like § 2 (6) - (8) and § 3 (1), or if the customer fails to pay. This happens, if the customer fails to pay at least 1 month since the payment was due. Quoteline might also cancel this contract any time, if the customer goes bankrupt or if the customer endangers the operation of the information service.
(4) If Quoteline is not in the situation to substitute services that Quoteline obtained from third parties, then Quoteline might cancel this contract or parts of this contract to the date, when Quoteline will not receive this service any more. Quoteline can not be made responsible for any losses that result of such situations. In case of a partial reduction of the service, this contract remains valid.
(5) Exemption-claims and right-relinquishments in favor of Quoteline or third parties remain valid at the termination of this contract.
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§ 12 Final determinations |
(1) All explanations resulting of this contract must by made in written form.
(2) Changes and supplements to this contract need to be in written form. This concerns also the annulment of the written form.
(3) Non of the parties of this contract might give the rights resulting of this contract to a third party without written agreement from the other party.
(4) Swiss law is regarded as agreed. Court-rank is Würzburg (Germany), provided the law specifies not necessary something else.
(5) If parts of this contract should be ineffective or inoperable, then this should not effect the effectiveness of the whole contract or other parts of this contract.
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