NASDAQ OMX LEGAL NOTICES AND TERMS AND CONDITIONS OF USE


   

These terms and conditions (the “Terms and Conditions”) govern your access to and use of this website and other websites owned and operated by NASDAQ OMX Group, Inc. or its affiliates (collectively “NASDAQ OMX” or “We”) (the “Website”). By accessing and using the Website you agree to be bound by the terms, conditions (including these Terms and Conditions) and privacy policies described below and incorporated herein by reference in the Terms and Conditions. If you do not agree to the Terms and Conditions you do not have any right to access and use the Website.

 

1

 

Website Content

 

1.1

This Website, including but not limited to the contained text, content, data, graphics, photographs, illustrations, artwork, names, logos, information, classifications, publications, market information, statistics, market data, indexes, other exchange related information and documents, the selection and arrangement of the foregoing, and the “look and feel” of the Website (collectively the “Information”) is proprietary to and/or connected with NASDAQ OMX. NASDAQ OMX attempts to ensure that the Information is accurate, however the Information is provided “AS IS” and on an “AS AVAILABLE” basis and may not be accurate or up to date. The Information on this Website may or may not have been prepared by NASDAQ OMX but is made available without responsibility on the part of NASDAQ OMX. NASDAQ OMX does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any of the Information. No responsibility is accepted by or on behalf of NASDAQ OMX for any errors, omissions, or inaccurate Information on the Website.

 

1.2

No action should be taken or omitted to be taken in reliance upon the Information on this Website. We accept no liability for the results of any action taken on the basis of the Information.

2

 

Property Rights

 

2.1

The Information may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of NASDAQ OMX, except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing the Terms and Conditions.

 

2.2

Unless you have a NASDAQ OMX Logo License or other written agreement in effect with NASDAQ OMX which states otherwise, you may only provide a hypertext link to the Website on another website, provided that (a) the link must be a text-only link clearly marked "NASDAQ OMX Nordic Home Page" or "NASDAQOMXNordic.com", (b) the link must "point" to the URL "http://www.nasdaqomxnordic.com/" and not to other pages within the NASDAQ OMX Nordic Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the NASDAQ OMX name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by NASDAQ OMX, (e) the link, when activated by a user, must display the NASDAQ OMX Nordic Site full-screen and not within a "frame" on the linked website, and (f) NASDAQ OMX reserves the right to revoke its consent to the link at any time in its sole discretion.

3

 

Trademarks and Service Marks

   

Nasdaq®, NASDAQ OMX ®, OMX™ and any other trademarks or service marks registered by the NASDAQ OMX (the “Marks”) are the intellectual property of the NASDAQ OMX.

4

 

Use of Information and Marks

   

You shall not (and shall ensure that your affiliates do not) use or reference the Marks and/or the Information without the express written consent by NASDAQ OMX. By way of example and without limitation, you shall not use i) the Information as a benchmark against which to measure investment performance, nor as a component of a pricing or settlement mechanism for funds, financial instruments, derivatives or other products (collectively “Financial Products”); ii) the Marks to identify or as a reference in Financial Products; or iii) the Information (or any part thereof) as settlement values for any Financial Products.

5

 

Liability

 

5.1

Neither NASDAQ OMX, nor any of the NASDAQ OMX third party information providers ("Information Providers") (nor any of these entities’ officers, employees, directors, or agents): (1) has passed on the merit of any of these securities; or (2) has endorsed or sponsored any of these securities. The information contained herein is provided for informational and educational purposes only, and nothing contained herein should be construed as investment advice, either on behalf of a particular security or an overall investment strategy. ADVICE FROM A SECURITIES PROFESSIONAL IS STRONGLY ADVISED.

 

5.2

All information contained herein is obtained by NASDAQ OMX from sources believed by NASDAQ OMX to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, neither NASDAQ OMX nor the Information Providers are responsible for any errors or omissions by either NASDAQ OMX or the Information Providers'. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NASDAQ OMX and the Information Providers make no representations and disclaim all express, implied, and statutory warranties of any kind to user and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.

 

5.3

The extent permitted under applicable law, neither NASDAQ OMX nor the Information Providers shall have any liability in tort, contract, or otherwise (and as permitted by law, product liability), to user and/or any third party.

 

5.4

Neither NASDAQ OMX nor the Information Providers shall under any circumstance be liable to you (and/or any third party) for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if NASDAQ OMX has been advised of the possibility of such damages.

6

 

Indemnity

   

You agree to indemnify and hold NASDAQ OMX and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of these Terms and Conditions or your violation of any laws, regulations or third party rights.

7

 

Amendments

   

NASDAQ OMX reserves the right, at its discretion and at any time, to make changes to the Website and/or these terms and conditions. Amendments to these Terms and Conditions will be effective immediately upon posting of the amendments on the Website. By accessing the Website you agree to be bound by these Terms and Conditions as amended.

8

 

Severability

   

If any provision of these Terms and Conditions should be held to be invalid, unlawful or unenforceable to any extent, such term shall be severed from the remaining terms which shall continue to be valid to the fullest extent permitted by law.

9

 

Governing Law

   

These Terms and Conditions shall be subject to Swedish law and to the exclusive jurisdiction of the Swedish courts.