End User Information Subscription Agreement
This agreement governs the Subscription offered by Sankhya Technologies
Private Limited (Company) to a NextTrade Cognitive Trade Information defined in
this document ("Information"). Please read carefully before subscribing or
using the Information.
By initiating the Subscription or receiving Information you agree to the terms and conditions of this Subscription.
System Manifold Definitions
SM - SM is a manifold system that can live in an Operating Environment (OE).
OE Zone - A zone within an Operating Environment that can be partly specified by a set of manifold elements of interest (Such as Stock Market Ticker Symbols).
SM Night Time (In Earth Seconds) - Duration in earth seconds (or super SM days) a system manifold becomes passive (sleeps).
SM Day - One day in an SMs life consists of playing out a set of behaviors across a system manifold and then sleeping for SM Night Time.
SM Instance - An instance of SM that operates within an OE Zone.
SM Life Time (Days) - Life of SM Instance in SM Days pre-configured and/or otherwise.
NextTrade Cognitive Trading Agent (NCTA) - An SM with an SM Life Time
NextTrade Business Definitions
Subscriber - A subscriber that signs up for a 2-way information sharing service with a generic or customized instance of a NextTrade Trading Agent
Initial Subscriber Information - A List of Symbols that define an OE Zone
Information - Information describing actions performed by NCTA comprising of records such as buy and sell.
Periodic Subscriber Information - Information shared by Subscriber periodically; comprising of outcomes of actions performed by or on behalf of Subscriber using previously received NCTA Information; and information on the changing values of manifold data elements as perceived by Subscriber (Example: Changing price of a stock symbol in a particular stock market observed by Subscriber).
Subscriber Information - Initial Subscriber Information or Periodic Subscriber Information.
Subscriber Information Exchanger (SIE) - A receiver and sharer of information controlled or specified by Subscriber (E-Mail or API).
Terms and Conditions:
- Subscriber hereby agrees to purchase the Subscription and pay the specified fees as defined in an annexure and receive Information through a SIE and Company hereby agrees to activate the Subscription upon receipt of Initial Subscriber Information and make reasonable attempts to deliver Information and receive Subscriber Information to/from the SIE for a duration as specified in an annexure.
- Company agrees to use Subscriber Information only for the purpose of offering Subscription as per terms of this agreement.
- Subscriber agrees to restrict the access to Information to at most 1 member of its own staff and not share it with any third party. Subscriber may make a maximum of 3 copies of Information for archival purposes.
- Subscriber may study Information and try to learn patterns from it without using any systems that may be construed as amounting to reverse engineering such as software programs or spreadsheets for the same.
- Subscriber hereby acknowledges that Information is at best a log of actions performed by NCTA which is neither a human nor a certified cognitive agent. Subscriber understands and acknowledges that it is extremely risky to use such information to carry out any real world activity - including but not limited to any kind of speculation or trading activity.
- Subscriber hereby agrees to indemnify Company and defend Company from any claims or loss caused to Subscriber or any third party as a result of Subscriber's use of Information in a real or virtual world.
- Subscriber hereby agrees that it is the sole responsibility of Subscriber to identify all pertinent legal and compliance matters that may impact Subscriber's use of Information in a real or virtual world.
- Disclaimer of Warranty. Information is shared for Subscriber's use "AS IS," without a warranty of any kind. Further, the Company does not
warrant, guarantee or make any representations regarding the use, or the
results of use, of the Information or the accompanying material in terms
of correctiveness, accuracy, reliability, currentness, conformance to
standards or otherwise. The risk as to the results and accuracy of
the Information is assumed solely by the Subscriber.
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
The above are the only warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, that are made by Company on the Information. No oral or written information or advice given by the Company, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and Subscriber may not rely on any such information or advice.
- Limitation of Liability. Company, its distributors, dealers
or employees SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY Subscriber OR
ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING Information.
IN NO EVENT WILL Company, its distributors, dealers or employees BE LIABLE
FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR
INABILITY TO USE Information, EVEN IF Company HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
The Disclaimer of Warranty and Limitation of Liability ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Sankhya AND Subscriber. Sankhya WOULD NOT BE ABLE TO PROVIDE THE Information WITHOUT SUCH LIMITATIONS.
- Subscriber may terminate this Subscription at any time by destroying all copies of Information. This Subscription will terminate immediately without notice from Sankhya if Subscriber fails to comply with any provision of this Subscription Agreement. Upon such termination, Subscriber must destroy all copies of Information.