ACCESS TO AND USE OF THE TRADING PLATFORM Clause Samples

ACCESS TO AND USE OF THE TRADING PLATFORM. 2.1 You shall promptly inform us of any breaches or potential breaches of the Client Agreements by you. 2.2 Subject to the terms and conditions of this User Agreement, we hereby grant you a personal limited, non-exclusive, revocable, non-transferable and non sub-licenceable licence to install and use the Trading Platform in object code only, solely for your personal use and benefit in accordance with the terms of this User Agreement. 2.3 If any third party software is included within or embedded in the Trading Platform, then such embedded third party software shall be provided subject to the terms of this User Agreement which apply to the Trading Platform. You shall fully comply with the terms of any Third Party Licences that we provide to you from time to time. We provide no express or implied warranty, indemnity or support for the Third Party Licences, and will have no liability. 2.4 We reserve any and all rights to the Trading Platform not expressly granted to you by this User Agreement. The Trading Platform is licensed to you by us and not sold. The Trading Platform, all copies and any derivative works thereof (by whoever created), the associated goodwill, copyrights, trademarks, logos, know how, patents and any intellectual property rights, are and shall remain owned solely by the Company or our licensors. Except for the licence expressly granted to you under this Section 2, no other licence, right, or interest in any goodwill, trademark, copyright, logo, know how, patent, service ▇▇▇▇ or other IP Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you. 2.5 You shall take all reasonable steps to: 2.5.1 procure and maintain in proper working order, throughout the term of this User Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices); 2.5.2 prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions; and 2.5.3 implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data. 2.6 Please inform us in writing...
ACCESS TO AND USE OF THE TRADING PLATFORM. The Customer shall not, and shall procure that its Authorised Users do not make any information obtained via the Trading Platform or the Platform Services available to third parties or otherwise disseminate to persons other than to the Customer such information without UniCredit’s prior written consent. The Customer understands and acknowledges that Trading Platform response times may vary due to market conditions, Trading Platform performance, access device location or other factors, and that access to the Trading Platform or the Platform Services may be limited or unavailable during periods of peak demand, market volatility, systems upgrades, maintenance or for other reasons. UniCredit does not warrant the performance or availability of the Trading Platform or the Platform Services. Where the Customer becomes aware that it has not received a notification of completion of a Trade, it shall immediately notify UniCredit and will be responsible for communicating with UniCredit in respect of any Instruction or Relevant Transaction by alternative means, such as by telephone or email. The Customer warrants that it will use the Trading Platform and Platform Services only in its normal course of trade, business or profession and, accordingly, is not a “consumer”. The Customer shall obtain its own independent legal, tax and accounting advice in respect of its use of the Trading Platform and any Trades entered into as a result of such use. The sole responsibility for verifying the accuracy and completeness of any Instruction which is sent or received via the Trading Platform or by alternative means remains exclusively with the Customer and its Authorised Users wishing to make use of or otherwise rely on any such Instruction. Where the Customer becomes aware that any Instruction is inaccurate, incorrect, incomplete, or has failed to reach its intended destination, it shall immediately notify UniCredit by telephone and shall arrange for the Instruction to be corrected and/or resent either via the Trading Platform or by using alternative means. UniCredit accepts no liability for any Instruction or other information provided via the Trading Platform or by alternative means which contains technical or factual inaccuracies, errors or omissions and under no circumstances shall UniCredit have any responsibility to intervene or make any changes or corrections in relation to any such inaccuracies, errors or omissions. UniCredit has no obligation to verify the identity of or ...

Related to ACCESS TO AND USE OF THE TRADING PLATFORM

  • Access to NID 2.7.3.1 NewPhone may access the customer’s premises wiring by any of the following means and NewPhone shall not disturb the existing form of electrical protection and shall maintain the physical integrity of the NID: 2.7.3.1.1 BellSouth shall allow NewPhone to connect its Loops directly to BellSouth’s multi-line residential NID enclosures that have additional space and are not used by BellSouth or any other telecommunications carriers to provide service to the premises; 2.7.3.1.2 Where an adequate length of the customer’s premises wiring is present and environmental conditions permit, either Party may remove the customer premises wiring from the other Party’s NID and connect such wiring to that Party’s own NID; 2.7.3.1.3 Either Party may enter the subscriber access chamber or dual chamber NID enclosures for the purpose of extending a cross-connect or spliced jumper wire from the customer premises wiring through a suitable “punch-out” hole of such NID enclosures; or 2.7.3.1.4 NewPhone may request BellSouth to make other rearrangements to the customer premises wiring terminations or terminal enclosure on a time and materials cost basis. 2.7.3.2 In no case shall either Party remove or disconnect the other Party’s loop facilities from either Party’s NIDs, enclosures, or protectors unless the applicable Commission has expressly permitted the same and the disconnecting Party provides prior notice to the other Party. In such cases, it shall be the responsibility of the Party disconnecting loop facilities to leave undisturbed the existing form of electrical protection and to maintain the physical integrity of the NID. It will be NewPhone’s responsibility to ensure there is no safety hazard, and NewPhone will hold BellSouth harmless for any liability associated with the removal of the BellSouth Loop from the BellSouth NID. Furthermore, it shall be the responsibility of the disconnecting Party, once the other Party’s loop has been disconnected from the NID, to reconnect the disconnected loop to a nationally recognized testing laboratory listed station protector, which has been grounded as per Article 800 of the National Electrical Code. If no spare station protector exists in the NID, the disconnected loop must be appropriately cleared, capped and stored. 2.7.3.3 NewPhone shall not remove or disconnect ground wires from BellSouth’s NIDs, enclosures, or protectors. 2.7.3.4 NewPhone shall not remove or disconnect NID modules, protectors, or terminals from BellSouth’s NID enclosures. 2.7.3.5 Due to the wide variety of NID enclosures and outside plant environments, BellSouth will work with NewPhone to develop specific procedures to establish the most effective means of implementing this section if the procedures set forth herein do not apply to the NID in question.

  • Access to Work District representatives shall at all times have access to the Work, wherever it is, in preparation or in progress. Contractor shall provide safe and proper facilities for such access.

  • Access to Services Subject to and in accordance with the terms of this Agreement, including any Schedules, Company grants You a non-exclusive, non-sublicensable, nontransferable, non-assignable, revocable license for the term of this Agreement to access and use the Services. Services may only be used by Your Users for internal business purposes only. You agree to comply with the terms and conditions of this Agreement, including any Schedules, and with all applicable Company procedures and policies that further define use of the Services. You acknowledge and agree that the actions of any of Your Users with respect to the Services will be deemed to be actions by You and that any breach by any of Your Users of the terms of this Agreement, including any Schedule, will be deemed to be a breach by You.

  • PRE-CONSTRUCTION PHASE SERVICES The Pre-Construction Phase shall be deemed to commence upon the date specified in a written Notice to Proceed with Pre-Construction Phase Services issued by Owner and shall continue through completion of the Construction Documents and procurement of all major Subcontractor agreements. Contractor is not entitled to reimbursement for any costs incurred for Pre-Construction Phase Services performed before issuance of the written Notice to Proceed. Pre- Construction Phase Services may overlap Construction Phase Services. Contractor shall perform the following Pre-Construction Phase Services:

  • Access to and Maintenance of Auction Records The Auction Agent shall afford to the Company, its agents, independent public accountants and counsel, access at reasonable times during normal business hours to review and make extracts or copies (at the Company's sole cost and expense) of all books, records, documents and other information concerning the conduct and results of Auctions, provided that any such agent, accountant or counsel shall furnish the Auction Agent with a letter from the Company requesting that the Auction Agent afford such person access. The Auction Agent shall maintain records relating to any Auction for a period of two years after such Auction (unless requested by the Company to maintain such records for such longer period not in excess of four years, then for such longer period), and such records, in reasonable detail, shall accurately and fairly reflect the actions taken by the Auction Agent hereunder. The Company agrees to keep confidential any information regarding the customers of any Broker-Dealer received from the Auction Agent in connection with this Agreement or any Auction, and shall not disclose such information or permit the disclosure of such information without the prior written consent of the applicable Broker- Dealer to anyone except such agent, accountant or counsel engaged to audit or review the results of Auctions as permitted by this Section 2.7, provided that the Company reserves the right to disclose any such information if it is advised by its counsel that its failure to do so would (i) be unlawful or (ii) expose it to liability, unless the Broker-Dealer shall have offered indemnification satisfactory to the Company. Any such agent, accountant or counsel, before having access to such information, shall agree to keep such information confidential and not to disclose such information or permit disclosure of such information without the prior written consent of the applicable Broker-Dealer, provided that such agent, accountant or counsel may reserve the right to disclose any such information if it is advised by its counsel that its failure to do so would (i) be unlawful or (ii) expose it to liability, unless the Broker-Dealer shall have offered indemnification satisfactory to such agent, accountant or counsel.