S5-TTN Real-Time News Service End User License Agreement

Updated: June 8, 2015

Note: It is strongly advised to keep a printed copy and to read the entire Agreement

Summary of key terms:

What is the service? S5-TTN is a Real-Time News Squawk service for the Credit/FX/Futures and/or Equities markets
Who is providing the service? TTN Operations Ireland Limited is the rightful owner of the information being provided to you as a subscriber
Who can the service be used by? The service is available only for your own individual consumption
How can the service be use? The User can only listen to the service from one computer or device at a time in order to stay current with latest market news and information
How can the service not be used? Under no circumstances can the User redistribute, share, reproduce or rebroadcast the audio service or the research reports provided. The User can not share password and/or user name with others – including employees and clients. Also, Users are not permitted to broadcast, view or display the material in public areas, including commercial establishments
How is the subscription charged? The User’s subscription is renewed at the end of every month to pay for the following month of service
How can the service be cancelled? The User must write to contact ttn@s5trading.com or call 1.312.896.9897 before the 21st of the current month in order to not be charged for the following month’s subscription. Once cancelled, the User’s access will continue until the last day of the cancellation month.
Who do I contact if help is needed? Please contact Stage 5 Trading Corp directly at ttn@s5trading.com or call 1.312.896.9897

S5-TTN is a subscription service that provides users with access to Credit/FX/Futures and/or Equities news coverage including S&P 500 Out-Cry audio squawk that is streamed over the internet.

This agreement is between the subscriber (hereto forth designated as “User”) and Stage 5 Trading Corp. (“S5”), a corporation registered under the laws of the State of Illinois with a registered address at 55 W. Monroe Street, Suite 1190, Chicago, IL 60603, USA.

The service (“S5-TTN”) is provided by TradeTheNews.com which operates under the legal name of TTN Operations Ireland Limited (“TTN”), an Irish limited liability company with its registered address at 38 Fitzwilliam Square West, Dublin 2, Ireland.

All contact regarding S5-TTN shall be between the User and S5 directly; not through TTN.

These terms of use govern your use of the S5-TTN service. If you do not agree to these terms and conditions do not use this service. By accepting these terms and conditions you are agreeing to be legally bound by the terms of this agreement.

Personally identifying information is subject to our Privacy Policy. Please review our Privacy Policy, which is available here to understand our practices:https://stage5trading.com/support/privacy-policy

When necessary, TTN is permitted to contact you via your email address, or other contact information, as provided by you to Stage 5 trading Corp, to resolve technical or other service-related issues. You agree that any communication issued to you form part of your relationship with S5 and is on behalf of S5. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. By agreeing to these Terms of Use you are also permitting TTN to send you regular news bulletins via daily, weekly and monthly emails to the email address you provided to your AP to be used in connection with the TTN Services.

S5 may terminate or restrict your use of the S5-TTN Service, without compensation or notice if you are, or if we reasonably believe that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

This software (“Software”) is being licensed to you by TTN Ireland Operations Limited through S5 and is provided on an “AS IS” basis, for your private personal use only. Any reference made in this agreement to S5 shall be deemed to have been made to S5, its service providers such as TTN, its subsidiaries, successors, assignees, affiliates. By downloading and using the Software, you agree not to extract information from S5 or TTN’s directories and databases, or reverse engineer, decompile, disassemble or alter the S5-TTN communications protocol or any information available on, derived or extracted from the S5 or TTN directories and databases or any part thereof. By accepting the terms of this License Agreement you agree that S5 or TTN is permitted to limit, deny, create different priorities to different users, or cancel some or all of the functionality of this Software at any time, without prior notice. As part of this Software, S5 is granting you limited access to the TTN network, system, Web site, servers, various directories and listings, message boards, tools, information and databases, Commercial Activities related thereto or any part thereof (together with the TTN software or any part thereof herein known as the “S5-TTN Services”) for the sole purpose of accessing the S5-TTN Services and Information.

The S5-TTN Services and Information or any part thereof, may also be accessible by other software applications and may be published on the S5 or TTN Web site, its servers, including various TTN directories and listings. Neither S5 nor TTN make any warranties or guarantees as to the availability or reliability of the S5-TTN Services to you or to any other user. The Software, the S5-TTN Services functionality or any part thereof including without limitation, the access to the S5-TTN Services and Information granted to you or to any other user, may be changed, limited or terminated at any time, temporarily or permanently, without prior notice, for any reason or no reason by S5 or TTN in its sole discretion (“Changes of Functionality”). S5-TTN may elect to introduce or grant different grades of service and listings policies, different levels of access or no access at all and different priorities to different users or to different functions, or to users of different versions of the Software or introduce new features in this or in future versions of the Software that may cause functionality change, limitation or termination of the functionality of features in earlier versions still in use, including functionality changes in privacy and security features (“Grant of Different Services”), at any time without prior notice, at its sole discretion.

You agree to the effects that the Changes of Functionality and Grant of Different Services may have on your ability to use the Software and the S5-TTN Services, in whole or in part, for communicating with third parties or their ability to communicate with you. S5-TTN may elect in its sole discretion to condition the continuation of access to the S5-TTN Services, on your accepting software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to the TTN Software or to a revised or new terms of service that are made available on or through https://www.tradethenews.com website, including this License Agreement, the S5 Privacy Policy, the TTN Acceptable Use Policy, the TTN Usage Notices and any other applicable terms of service document available therein (“the TTN Terms of Service”).

S5-TTN may at any time cancel, change, hold, remove, introduce different options and features to different users or refrain from publishing S5-TTN numbers or any other details of the users listed on the various TTN directories and listings. The TTN Software contains features that may connect the user to third party content or Web sites (“Services”). These features are provided by TTN only as a convenience. The linked Services are not reviewed, controlled or examined by S5 or TTN in any way and S5 nor TTN are responsible for the contents of any such linked Services, or any link contained therein. The offering of these features does not imply endorsement of the Services by S5 or TTN.

It is your sole responsibility to comply with the appropriate terms of services of these Services you chose to access using these features, as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws.

In no event shall S5 or TTN be liable to anyone for any damage arising from or occasioned by the creation or use of the third parties’ Services or the information or material accessed through these Services. S5 and TTN reserve the exclusive right and sole discretion to add, change, decline or remove, without notice, any feature or link to any of the Services from the S5-TTN Service and/or to introduce different features or links to different users.

S5 AND TTN MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE S5-TTN SERVICE, THE TTN NETWORK SERVERS’ SOFTWARE OR ANY KIND OF INFORMATION SENT, DELIVERED OR RECEIVED BY USERS ON OR THROUGH THE TTN SOFTWARE, SERVERS’ SOFTWARE, THE WEB SITE OR THE VARIOUS TTN DIRECTORIES AND LISTINGS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. S5 AND TTN DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TTN SERVICE OR CONTENT DELIVERED VIA THE SOFTWARE, THE SERVICE AND THE ACCESS TO THE SERVERS, OR THE INFORMATION PROVIDED BY THE VARIOUS TTN NETWORKS, DATABASES OR THIRD PARTY NETWORKS IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE S5-TTN SERVICES AND INFORMATION AND ACCESS TO THE SERVERS OR THE VARIOUS TTN DIRECTORIES AND LISTINGS DATA, IS ASSUMED BY YOU.

S5 and TTN do not warrant or guarantee that the S5-TTN Services and Content and the functions or services performed by S5-TTN will be uninterrupted or error-free or that defects in the Software and the S5-TTN Services will be corrected. S5 and TTN do not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the Software or the S5-TTN Services and information.

S5 and TTN do not warrant or guarantee 1) that any program or information will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties; 2) that the information will not contain adult-oriented material, or material which some individuals may deem objectionable; or 3) that the functions or services performed by S5-TTN will be uninterrupted or error-free or that defects in the Software and the S5-TTN Services will be corrected.

In no event shall S5 or TTN be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the information. TTN will not be responsible if any information infects or contaminates a user’s system or information. The entire risk as to the quality and performance of S5-TTN’s service and the TTN Software and the accuracy, adequacy, completeness, correctness, validity and quality thereof or of any other information is with the user.

S5 and TTN have no liability to you with respect to this License Agreement. Any claim you may wish to pursue must be pursued solely against Stage 5 Trading Corp. and not TTN. You will not be entitled to seek a refund, reimbursement of any overpayment, cancellation or any other kind of legal remedy against TTN directly. Your exclusive remedy is against Stage 5 Trading Corp. You acknowledge and agree that neither S5 nor TTN shall be liable (under contract, tort or otherwise) for any claim, damage, liability or loss ( including consequential loss) or expense of any kind arising directly or indirectly in connection with your use of or access to the TTN Software and/or the S5-TTN Services.

Stage 5 Trading Corp. nor any other person (other than persons expressly provided by written confirmation as authorized agents by the Directors of TTN Operations Ireland Limited) is or shall be deemed to be an agent of TTN or entitled to make any representation or warranty on our behalf or binding on us.

You may use this Software on more than one computer or distribute this version of the Software to any other third location. However, this license to use each individual TTN System User Name and Password is applicable for use from one location at a time only.

You acknowledge and agree that TTN is the sole and exclusive owner of the TTN Network and TTN Service and that you shall acquire no ownership rights or title to the Content, TTN Network and/or TTN Service by virtue of your permission to access the TTN Software and TTN Service.  You acknowledge and agree that you have no right to reproduce, distribute, sell, assign, transfer, or encumber the Content, TTN Network or TTN Service or any content provided by S5 in any way.

Nothing in this Agreement will be deemed to grant any rights therein other than to access and personally use the Content, TTN Network or S5-TTN Service in compliance with this Agreement.  You shall not, directly or indirectly: (i) circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TTN Network or S5-TTN Service, use any robot, spider, scraper or other automated means to access the Content, TTN Network or S5-TTN Service, insert any code or product or manipulate the Content in any way, use any data mining, data gathering or extraction method, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying structure, ideas, methodologies or algorithms of the S5-TTN Service, TTN Network or any part thereof; or (ii) copy (except for necessary caching or archival purposes), store (in any medium), make available to the public, rent or lease (whether for payment or otherwise), adapt, distribute, produce, reproduce, disseminate, broadcast, transmit, publish, prepare derivative works therefrom, pledge, assign, or otherwise transfer or encumber rights to the Content, TTN Network and S5-TTN Service whether on the Internet, web, print or elsewhere; or (iii) use the Content, TTN Network and S5-TTN Service for timesharing or service bureau purposes or otherwise for the benefit of a third party. In addition you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Content, TTN Network and S5-TTN Service, including any software viruses or any other computer code, files or programs.

As used herein “Database” shall refer to any collection of works, data or other materials, arranged in a systematic or methodical way and individually accessible by any means, where TTN has substantially invested (with financial, human or technical resources) into the creation of, and includes any database, compilation or arrangement of data, material, information or other content owned or controlled by TTN or by S5, (including but not limited to any database where the contents have been obtained, verified or presented by or on behalf of TTN) whether original and/or non-original and whether the database comprises of electronic or non-electronic arrangements.  TTN reserves all copyright and database rights in any Database. You shall not extract or re-utilize or authorize any third party to extract or re-utilize the contents of any Database without receipt of prior authorization from S5 or TTN.

TTN hereby reserves all rights in the Content, TTN Network and S5-TTN Service.  Notwithstanding anything contained herein to the contrary, TTN shall retain all right, title and interest in and to all software, intellectual property, methodologies, materials and proprietary information used or developed by TTN.

During the period of your agreement with Stage 5 Trading Corp, under which you are permitted to access the TTN Software and S5-TTN Services, and thereafter, you shall not contest or otherwise challenge or attack the copyright, trade secret, trademark, patent, or other proprietary rights held by TTN in any Confidential Information or the validity of the rights granted to you hereby.  You shall not remove or permit others to remove any proprietary legend or restrictive notice from any Confidential Information, including the S5-TTN Service. Any copies of Confidential Information made by you under the terms of this Agreement must include the copyright, trademark, service mark, and other proprietary notices that appear on such Confidential Information, as originally provided to you.

Broadcast redistribution through digital or analog means is STRICTLY prohibited and a violation of EU and US Copyright law and this License Agreement subject and will be pursued to the fullest extent of the law.

S5 and TTN may change, from time to time, the S5-TTN Terms of Service with or without a release of a new version of the TTN Software. You agree that continuing to use the Software and/or the S5-TTN Services, for a period of 30 days after such notice has been provided on the TTN network or Web site for the first time, shall constitute your consent to the new or revised set of the TTN Terms of Service.

Subject to the foregoing, you further agree to be bound by the provisions of the license agreement available on the TTN Web site at https://www.tradethenews.com/Disclaimer if such license is marked with a more recent date than that on the license agreement that accompanies your Software. You agree to abide by Irish, European, U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to S5 or TTN any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Copyright ©1999- 2018 TTN Operations Ireland Limited ALL RIGHTS RESERVED.

Copyright © 2018 Stage 5 Trading Corp. on content owned and provided by Stage 5 Trading Corp.

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