NOTICE TO END USER: PLEASE READ CAREFULLY.
End User Certifies on behalf of Company that:
a) The end of day pricing information (“Information”) is used exclusively by traders identified on the PVM Broker End of Day Pricing Request Form (“Form”) that deal with PVM Data Service’s broking affiliates (“Identified Traders”) within the PVM Group of companies (collectively “PVM”) and shall not be shared with or distributed to any End User’s middle or back office area for any purpose, including for use in connection with any risk, valuation, or any other pricing applications;
b) The Information is used only for the purpose of supporting the activities of the Identified Trader with PVM and the data is not used for other purposes including without limitation supporting trading with competitors of PVM;
c) Neither End User Identified Trader, nor any of its employees or agents will sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the information or any data created from the information through manipulation, modification, supplementation, enhancement or combining with other information (“Derivative Works”) to any person other than the Identified Trader;
d) The Information or any Derivative Works may not be used in any software applications of other systems accessible by any party other than the Identified Trader and only where such systems or software are front office systems supporting the trader’s activities with PVM; and
e) Neither End User Identified Trader, nor any of its employees or agents will use the information or any Derivative Works in any products or services that the End User or any employees or agents of the End User provides to any third party, including, but not limited to, portfolio valuation, securities valuation and risk evaluation services.
PLEASE NOTE: The Information consists of purely indicative and historic market prices and no warranty that the Information represents or indicates prices at which transactions may be or were effected at any time is given by PVM and is solely for the information purposes of wholesale market clients. Any opinion expressed or assumption or forecast made in association with the information is a reflection of PVM’s judgment at the time of compiling the Information and is subject to change without notice. To the fullest extent permitted by law, PVM will accept no responsibility or liability for, and cannot and does not warrant or represent, the accuracy, quality, speed, correctness, or completeness, frequency of provision, merchantability or fitness for a particular purpose or requirement of the Information, whether arising from the negligence of PVM or otherwise, including, without limitation, any liability for economic loss or any indirect or consequential loss or damage including loss of business, opportunity or profits.