Your use of the Software and any accompanying materials is subject to the terms and conditions of this Agreement. BY CLICKING ON THE "I ACCEPT" BUTTON AND INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU TO DELETE AND YOU MAY NOT INSTALL THE SOFTWARE.
The Software is distributed by Fidelity Brokerage Services LLC ("Fidelity") and is provided to you subject to the terms and conditions of this End User License Agreement (this "Agreement").
You have the right to:
(a) install and operate this software on your computer(s) for your personal noncommercial use, and
(b) make a reasonable number of copies of the Software for backup purposes.
You may not:
(a) sublicense, rent or lease any portion of the Software;
(b) publish, broadcast, retransmit, reproduce, sell, distribute, circulate, commercially exploit or otherwise re-disseminate in any manner the Software or any data or information (the "Information") obtained via your use of the Software;
(c) reverse engineer, decompile, disassemble, modify, translate, alter, adapt, make any attempt to discover the source code of the Software, or create derivative works from the Software; or
(d) directly access or use any Fidelity server which provides the Information used by the Software other than via your use of the Software or the Fidelity.com website in a reasonable and customary manner.
The Information is provided for informational purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security. Portions of the Information are supplied by one or more third party providers ("Data Providers"). The sources of such information are believed to be reliable but Fidelity makes no representation or guarantee concerning the accuracy, timeliness or completeness of any such Information and makes no commitment to update or correct such Information. Fidelity does not confirm or verify the Information and does not endorse any security or investment recommendation or strategy contained in the Information. You represent that your requests for Information are unsolicited and shall neither constitute nor be construed as tax, financial, investment or legal advice from Fidelity to you. You understand that (i) neither the suitability or potential value of any particular investment or information source is guaranteed, and (ii) past performance of any security is not a guarantee of future performance.
You understand the Information includes market data (such as price quotes) and other information regarding securities. Market data may be provided to you on a delayed basis. The Software will display the date and time at which the market data that is displayed was last updated. For securities that are priced only once per day (e.g., mutual funds), the market data displayed will be as of the end of the previous business day. Fidelity, its licensors and Data Providers shall not be liable for any claims, damages, losses or expenses of any nature arising or resulting from any inaccuracy, error, or delay in, or interruption or omission of, any such data or information or the transmission or delivery thereof.
The Software communicates with one or more Fidelity servers and/or systems to obtain Information. You acknowledge that such servers and/or systems may be inaccessible or inoperative from time to time. Because all servers and systems have limited capacity and are used by many people, you may not use the Software in any manner that would (i) damage or overburden any Fidelity server or system, or any network connected to any Fidelity server, or (ii) interfere with any other party's use of the Fidelity server or system. You acknowledge that you are responsible for all hardware, software and other equipment required in order for your computer(s) to access the Internet, and for all fees and charges associated with the same and your access and use of the Internet.
Fidelity has the right, at any time with or without prior notice, to change the Software and the manner in which it operates, discontinue the Software and its operation, or modify or restrict the Information that is made available through use of the Software. For example, Fidelity reserves the right to alter the intervals at which the Software updates certain Information displayed by the Software.
You acknowledge that (i) all intellectual property and other proprietary rights in the Software are owned by Fidelity and its licensors, (ii) all intellectual property and other proprietary rights in the Information and are owned by Fidelity and the Data Providers, and (iii) Fidelity, its licensors and the Data Providers retain all rights not expressly granted.
NO WARRANTY. THE SOFTWARE, THE FIDELITY SERVERS AND SYSTEMS USED BY THE SOFTWARE AND THE INFORMATION ARE PROVIDED "AS IS" AND FIDELITY, ITS LICENSORS AND DATA PROVIDERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, RELATED THERETO, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, AND NOT BY WAY OF LIMITATION, FIDELITY DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY. IN NO EVENT SHALL FIDELITY, ITS LICENSORS OR DATA PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF DATA OR INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FIDELITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY.
TO THE EXTENT THAT FIDELITY, ITS LICENSORS AND DATA PROVIDERS MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
The Fidelity Investments Privacy Policy applies with respect to your use of the Software. The Privacy Policy is available at www.fidelity.com.
You may terminate this Agreement at any time by discontinuing your use of the Software and destroying all copies of the Software. Fidelity may terminate this Agreement without notice if you fail to comply with any term or condition of this Agreement. In addition, Fidelity may terminate your right to use a particular version of the Software if Fidelity makes an updated version of the Software available to you and you do not install such updated version of the Software within a reasonable amount of time after such updated version was made available to you. Upon termination of this Agreement, all rights granted to you herein (including the right to use the Software and access the Information) shall terminate. All limitations of liability and disclaimers (including the disclaimer of warranties) set forth herein shall survive the termination of this Agreement.
This Agreement constitutes the entire understanding and agreement between the parties, and supersedes all previous agreements (whether written or oral) concerning the subject matter of this Agreement. The terms and conditions of this Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, but without giving effect to its laws or rules relating to conflicts of laws. The provisions of this Agreement are severable. If any provision of this Agreement is determined to be invalid or unenforceable, the invalid or unenforceable provision will not in any way affect the validity or enforceability of the remaining provisions of this Agreement. A waiver of any term or condition of this Agreement will not in any way be considered a waiver of any other term or condition of this Agreement.