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TERMS OF SERVICE

This Web Site (the "Web Site") is located at www.riskdata.com. By using the Web Site, all its contents, and the materials provided hereon (hereinafter the "Service"), you agree to be bound by these Terms of Service ("Terms of Service") just as if you had signed the agreement. Stochastics Financial Software ("the Licensor"), whose commercial name is riskdata ("riskdata"), reserves the right to revise these Terms of Service at any time, and by using the Service, you agree to be bound by any such revisions when they become effective whether or not you have reviewed them. If you do not agree to these Terms of Service, you should not use the Service.

LICENCE

  1. The Licensor hereby grants to you a non-exclusive, personal, non-transferable and restricted licence to access, use and display the Service, subject to the Terms of Service.
  2. This Licence is granted for your sole personal non commercial use and purpose.
  3. You are granted permission to view or download a single copy of the material on the Web Site solely for your personal, non-commercial use. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content or any use of the content for any other purpose. Ownership of all such content shall at all times remain with The Licensor or its licensors. The Licensor reserves all rights not expressly granted to you.
  4. Permission to use our copyrightable material for purposes not otherwise permitted herein shall be granted on a case-by-case basis.
  5. You shall refrain from and shall prevent others from sub-licensing, selling, lending, distributing, leasing, creating derivative works, displaying, disclosing, publishing, encumbering by way of security interest or otherwise, pledging or transferring, assigning, or otherwise dealing with the any of the copyrighted material contained on this Web Site, in whole or in part, without our prior written consent.

PROPRIETARY RIGHTS

The Licensor is the sole owner of all title and copyrights in and to the Patents, the Web Site and in the related material and documents, and you acknowledge that such rights are protected by the applicable legislation. You acknowledge that any breach of such protected rights and any breach of the Terms of Service shall constitute an infringement of copyright and/or of industrial property rights. You shall refrain from using the trademarks owned by The Licensor safe as expressly provided under the Agreement.

MODIFICATION OF THE SERVICE

  1. The Licensor reserves the right to modify the Service at any time with or without notice.
  2. The Licensor shall incur no liability either to you or to any third party as a result of any modification of the Service for whatever reason.
  3. The Licensor and/or third party providers shall incur no liability whatsoever as a result of discontinuation or suspension of the Service if such interruption or suspension is caused in all or in part by an event of force majeure. The following shall constitute without limitation events of force majeure : war, riots, legislation, decrees, orders from the public authorities, strikes, (including at the Licensor), lock-out, flooding, fire, power cuts, breakdown of electricity or telecommunication networks or system and/or explosions.

LIMITATION OF WARRANTY AND LIABILITY

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  3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LICENSOR AND/OR THIRD PARTY PROVIDERS DOES NOT WARRANT THAT THE SERVICE WILL MEET THE USER'S NEEDS, OR THAT OPERATION OF THE SERVICE WILL BE ERROR FREE, AND THE LICENSOR GIVES NO WARRANTY AS TO ANY RESULTS WHICH MAY BE OBTAINED FROM ANY USE OF THE SERVICE AND/OR DATA PROCESSED THROUGH OR GENERATED BY OR DERIVED FROM THE SERVICE.
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  5. IN NO EVENT WHATSOEVER, REGARDLESS OF THE FORM OR CAUSE OF ACTIONS OR THE NUMBER OF CLAIMS ASSERTED, AND WHETHER IN RESPECT OF A BREACH OR DEFAULT IN THE NATURE OF A BREACH OF CONDITION OR FUNDAMENTAL TERM OR OF A FUNDAMENTAL BREACH OR AS A RESULT OF NEGLIGENCE SHALL THE LICENSOR'S TOTAL COLLECTIVE LIABILITY TO THE USER FOR ALL CLAIMS EXCEED THE AMOUNT PAID UNDER THE AGREEMENT FOR THE LICENCE OF THE SERVICE WHICH IS THE SUBJECT MATTER OF OR THAT IS DIRECTLY RELATED TO THE NEGLIGENCE BREACH OR DEFAULT ; PROVIDED THAT IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF THE LICENSOR EXCEED THE AMOUNT PAID TO THE LICENSOR PURSUANT TO THE AGREEMENT.
  6. IN NO EVENT SHALL THE LICENSOR AND/OR THIRD PARTY PROVIDERS INCUR ANY LIABILITY FOR ANY LOSSES (WHETHER DIRECT OR INDIRECT, IN CONTRACT, TORT OR OTHERWISE) WHICH MAY BE INCURRED IN CONNECTION WITH THE USE OF THE SOFTWARE AND/OR THE SERVICE AND/OR THE DATA PROCESSED THROUGH OR GENERATED BY THE SOFTWARE AND/OR THE SERVICE, INCLUDING BUT NOT LIMITED TO LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, DAMAGE TO OR INTERRUPTION OF ANY LOCAL AREA NETWORK, INTRODUCTION OF VIRUSES, WORMS OR OTHER DESTRUCTIVE PROGRAMS OR FOR ANY DECISION MADE OR ACTION TAKEN BY THE USER OR ANY PARTY IN RELIANCE UPON THE SERVICE AND/OR THE DATA PROCESSED THROUGH OR GENERATED BY THE SOFTWARE AND/OR THE SERVICE, OR FOR ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSIONS OF THE SERVICE AND/OR THE DATA PROCESSED THROUGH OR GENERATED BY THE SOFTWARE AND/OR THE SERVICE.
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APPLICABLE LAW AND JURISDICTION

The Agreement shall be governed by French Law, and the User irrevocably submits to the jurisdiction of the Tribunal de Grande Instance of Paris, even in the event of a multiplicity of defendants, or third party proceedings. Nothing in the Agreement shall affect the right of the Licensor to seek injunctive or interim relief against the User in any jurisdiction, and the Licensor shall be entitled to use any evidence obtained against the User in any jurisdiction for the purposes of legal action before the Tribunal de Grande Instance of Paris.

DOW JJONES INDEXES

The Dow JJones IndexesSM are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow JJones IndexesSM © 200[7] is proprietary to Dow Jones & Company, Inc.

By adopting a principle-based approach, moving to common building blocks for risk assessment, and levering standard risk definitions and control libraries, clients can realize cost savings of 10% to 20% while improving the overall effectiveness and quality of the governance, risk and compliance function.

Neal Oswald
PricewaterhouseCoopers Canada
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