Common use of Electronic Trading Services Clause in Contracts

Electronic Trading Services. 7.1 The Customer agrees to abide by the provisions of this Agreement whenever the Customer uses the Electronic Trading Service. Any additional services offered through the Electronic Trading Service in the future will only be used by the Customer in accordance with the provisions of this Agreement and any additional provisions applicable thereto. 7.2 The Customer understands that the Electronic Trading Service is a semi-automated facility, which enables the Customer to send electronic Instructions to buy, sell and otherwise deal with Securities and receive information services. 7.3 The Customer acknowledges that the Electronic Trading Service and the software comprised in it are proprietary to FSL and/or third party provider(s). The Customer agrees and undertakes that the Customer shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way, and shall not attempt to gain unauthorized access to, any part of the Electronic Trading Service and the software comprised in it. The Customer agrees that FSL may, at FSL's absolute discretion, suspend or terminate the Customer's Access Code and/or close the Account immediately without notice to the Customer, and take action against the Customer if the Customer at any time breach this Agreement or any other agreement or undertaking, rules, regulations, orders and laws of Hong Kong or of the country concerned or if FSL at any time reasonably suspects that the Customer has breached the same. The Customer undertakes to notify FSL immediately if the Customer becomes aware that any other person is doing any of the above. 7.4 The Customer shall be the only user of the Electronic Trading Service under the Account. The Customer shall be responsible for the confidentiality and use of the Access Code and agrees to undertake: (a) not to disclose any Access Code to any third party; (b) not to write down or record any Access Code in a way that could facilitate misuse or fraud; and (c) to immediately report any loss, unauthorized disclosure or misuse of the Customer's Access Code to FSL. The Customer acknowledges and agrees that the Customer shall be solely responsible for all Instructions entered through the Electronic Trading Service using its Access Code. 7.5 The Customer further acknowledges and agrees that, as a condition of using the Electronic Trading Service to give Instructions, the Customer shall immediately notify FSL if: (a) immediately after an Instruction in respect of the Account has been placed through the Electronic Trading Service, the Customer has not received: (i) an order reference number; and (ii) an accurate acknowledgement of the Instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Customer has received acknowledgement (whether by hard copy, electronic or verbal means) of a Transaction which the Customer did not instruct or if any similar conflict arises; or (c) the Customer becomes aware of any unauthorized use of the User ID, Password or PIN. 7.6 The Customer agrees that if the Customer fails to notify FSL forthwith when any of the situations described in Clause 7.5 occurs, neither FSL nor any of FSL's directors, employees, agents or representatives shall have any liability to the Customer, or to any other person for any obligations, claims or other liabilities with respect to the handling, mishandling or loss of any Instruction unless such loss results from the fraud, gross negligence or wilful default on the part of FSL. 7.7 FSL has no responsibility to inform the Customer of any difficulties FSL or other third parties experience concerning use of the Electronic Trading Service or to take any action in connection with these difficulties. FSL also will have no duty or obligation to verify, correct, complete or update any information displayed in the Electronic Trading Service. The Customer will make its own independent decision to access or use the Electronic Trading Service or to execute any Transaction and the Customer acknowledges and agrees that the Electronic Trading Service does not and will not serve as the primary basis for any of the Customer's investment decisions concerning its Accounts. 7.8 The Customer understands, acknowledges and agrees that: (a) the real-time quote service and other market information available at FSL's website is provided by a third party service provider appointed by FSL from time to time; (b) neither FSL nor any of FSL's directors, employees, agents, representatives or third party service providers shall be responsible to the Customer for any losses, costs, expenses, damages or claims which the Customer may suffer as a result of or in connection with any respect of the real-time quote service including the Customer's reliance on such service; (c) the market data and information available through the Electronic Trading Service is provided to FSL by each participating Securities exchange(s) or association(s) or agent(s) (which disseminate such data and information) with assertion of a proprietary interest in such data and information; (d) FSL will not be liable for any loss of profits or anticipated savings (in either case, whether direct or indirect) or any special, indirect, incidental or consequential damages which the Customer may incur or experience because the Customer entered into this Agreement or relied on the Electronic Trading Service, even if FSL knows of the possibility of those losses or damages; (e) FSL (and any of FSL's affiliate) are not and will not be, by virtue of providing the Electronic Trading Service, an advisor or fiduciary for the Customer; and (f) no party guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information and neither FSL, FSL's directors, employees, agents or representatives nor any disseminating party shall be liable in any way for any loss or damage arising from or caused by any inaccuracy, error or delay in or omission from any such data, information or message, or the transmission or delivery of the same, non-performance or interruption of any such data, message or information whether or not due to any negligent act of FSL or any disseminating party, or shall be liable in any way for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Electronic Trading Service or for delays or omissions of the Electronic Trading Service, or for the failure of any connection or communication service to provide or maintain the Customer's access to the Electronic Trading Service, or for any interruption or disruption of the Customer's access or any erroneous communications between the Customer and FSL, or to any force majeure event as described under Clause 48 of this Section I, or any other cause beyond FSL's control or the reasonable control of any disseminating party. The Customer shall use all such data, information and real-time quotes for the Customer's personal use and reference only, and these must not to be reproduced, duplicated, sub-listed or transmitted or used for commercial purposes, and the Customer shall not furnish such data to any other person or entity for any reason. 7.9 By applying for and using the Electronic Trading Service, the Customer represents and warrants that: (a) the Customer is legally entitled to open and use the Electronic Trading Service; and (b) no breach of any law, regulation or governmental or other requirement whether of the Customer's jurisdiction of residence or domicile, or any other relevant jurisdiction will arise as a result of any use by the Customer of the Electronic Trading Service. 7.10 The Customer agrees to indemnify FSL on demand from all liabilities, losses, claims, damages, judgments, suits, actions, proceedings, costs (including legal fees) and expenses (collectively referred to as "Losses") FSL may suffer or incur as a result of the Customer's use of the Electronic Trading Service, including any breach of this Clause 7 or breaches of security of the Electronic Trading Service (including any access or entry into any of FSL's other systems not covered by this Agreement), except to the extent such Losses are due to FSL's gross negligence or willful misconduct.

Appears in 3 contracts

Samples: Client Trading Agreement, Client Trading Agreement, Client Trading Agreement

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Electronic Trading Services. 7.1 The Customer agrees to abide by the provisions of this Agreement whenever the Customer uses the Electronic Trading Service. Any additional services offered through the Electronic Trading Service in the future will only be used by the Customer in accordance with the provisions of this Agreement and any additional provisions applicable thereto. 7.2 The Customer understands that the Electronic Trading Service is a semi-automated facility, which enables the Customer to send electronic Instructions to buy, sell and otherwise deal with Securities Contracts and receive information services. 7.3 The Customer acknowledges that the Electronic Trading Service and the software comprised in it are proprietary to FSL the Company and/or third party provider(s). The Customer agrees and undertakes that the Customer shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way, and shall not attempt to gain unauthorized access to, any part of the Electronic Trading Service and the software comprised in it. The Customer agrees that FSL the Company may, at FSLthe Company's absolute discretion, suspend or terminate the Customer's Access Code and/or close the Account immediately without notice to the Customer, and take action against the Customer if the Customer at any time breach breaches this Agreement or any other agreement or undertaking, rules, regulations, orders and laws of Hong Kong or of the country concerned or if FSL the Company at any time reasonably suspects that the Customer has breached the same. The Customer undertakes to notify FSL the Company immediately if the Customer becomes aware that any other person is doing any of the above. 7.4 The Customer shall be the only user of the Electronic Trading Service under the Account. The Customer shall be responsible for the confidentiality and use of the Access Code and agrees to undertakeundertakes: (a) not to disclose any Access Code to any third party; (b) not to write down or record any Access Code in a way that could facilitate misuse or fraud; and (c) to immediately report any loss, unauthorized disclosure or misuse of the Customer's Access Code to FSLthe Company. The Customer acknowledges and agrees that the Customer shall be solely responsible for all Instructions entered through the Electronic Trading Service using its Access Code. 7.5 The Customer further acknowledges and agrees that, as a condition of using the Electronic Trading Service to give Instructions, the Customer shall immediately notify FSL the Company if: (a) immediately after an Instruction in respect of the Account has been placed through the Electronic Trading Service, the Customer has not received: (i) an order reference number; and (ii) an accurate acknowledgement of the Instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Customer has received acknowledgement (whether by hard copy, electronic or verbal means) of a Transaction which the Customer did not instruct or if any similar conflict arises; or (c) the Customer becomes aware of any unauthorized use of the User ID, Password or PIN. 7.6 The Customer agrees that if the Customer fails to notify FSL the Company forthwith when any of the situations described in Clause 7.5 occurs, neither FSL the Company nor any of FSLthe Company's directors, employees, agents agent or representatives shall have any liability to the Customer, or to any other person for any obligations, claims or other liabilities with respect to the handling, mishandling or loss of any Instruction unless such loss results from the fraud, gross negligence or wilful default on the part of FSLthe Company. 7.7 FSL The Company has no responsibility to inform the Customer of any difficulties FSL the Company or other third parties experience concerning use of the Electronic Trading Service or to take any action in connection with these difficulties. FSL The Company also will have no duty or obligation to verify, correct, complete or update any information displayed in the Electronic Trading Service. The Customer will make its own independent decision to access or use the Electronic Trading Service or to execute any Transaction and the Customer acknowledges and agrees that the Electronic Trading Service does not and will not serve as the primary basis for any of the Customer's investment decisions concerning its Accounts. 7.8 The Customer understands, acknowledges and agrees that: (a) the real-time quote service and other market information available at FSLthe Company's website is provided by a third party service provider appointed by FSL the Company from time to time; (b) neither FSL the Company nor any of FSLthe Company's directors, employees, agents, representatives or third party service providers provider shall be responsible to the Customer for any losses, costs, expenses, damages or claims which the Customer may suffer as a result of or in connection with any respect of the real-time quote service including the Customer's reliance on such service; (c) the market data and information available through the Electronic Trading Service is provided to FSL the Company by each participating Securities exchange(s) or association(s) or agent(s) (which disseminate such data and information) with assertion of a proprietary interest in such data and information; (d) FSL the Company will not be liable for any loss of profits or anticipated savings (in either case, whether direct or indirect) or any special, indirect, incidental or consequential damages which the Customer may incur or experience because the Customer entered into this Agreement or relied on the Electronic Trading Service, even if FSL the Company knows of the possibility of those losses or damages; (e) FSL the Company (and any of FSLthe Company's affiliate) are not and will not be, by virtue of providing the Electronic Trading Service, an advisor or fiduciary for the Customer; and (f) no party guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information and neither FSLthe Company, FSLthe Company's directors, employees, agents or representatives nor any disseminating party shall be liable in any way for any loss or damage arising from or caused by any inaccuracy, error or delay in or omission from any such data, information or message, or the transmission or delivery of the same, non-performance or interruption of any such data, message or information whether or not due to any negligent act of FSL the Company or any disseminating party, or shall be liable in any way for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Electronic Trading Service or for delays or omissions of the Electronic Trading Service, or for the failure of any connection or communication service to provide or maintain the Customer's access to the Electronic Trading Service, or for any interruption or disruption of the Customer's access or any erroneous communications between the Customer and FSLthe Company, or to any force majeure event as described under Clause 48 41 of this Section I, or any other cause beyond FSLthe Company's control or the reasonable control of any disseminating party. The Customer shall use all such data, information and real-time quotes for the Customer's personal use and reference only, and these must not to be reproduced, duplicated, sub-listed or transmitted or used for commercial purposes, and the Customer shall not furnish such data to any other person or entity for any reason. 7.9 By applying for and using the Electronic Trading Service, the Customer represents and warrants that: (a) the Customer is legally entitled to open and use the Electronic Trading Service; and (b) no breach of any law, regulation or governmental or other requirement whether of the Customer's jurisdiction of residence or domicile, or any other relevant jurisdiction will arise as a result of any use by the Customer of the Electronic Trading Service. 7.10 The Customer agrees to indemnify FSL the Company on demand from all liabilities, losses, claims, damages, judgments, suits, actions, proceedings, costs (including legal fees) and expenses (collectively referred to as "Losses") FSL the Company may suffer or incur as a result of the Customer's use of the Electronic Trading Service, including any breach of this Clause 7 or breaches of security of the Electronic Trading Service (including any access or entry into any of FSLthe Company's other systems not covered by this Agreement), except to the extent such Losses are due to FSLthe Company's gross negligence or willful wilful misconduct.

Appears in 2 contracts

Samples: Client Trading Agreement, Client Trading Agreement

Electronic Trading Services. 7.1 The Customer agrees to abide by the provisions of this Agreement whenever the Customer uses the Electronic Trading Service. Any additional services offered through the Electronic Trading Service in the future will only be used by the Customer in accordance with the provisions of this Agreement and any additional provisions applicable thereto. 7.2 The Customer understands that the Electronic Trading Service is a semi-automated facility, which enables the Customer to send electronic Instructions to buy, sell and otherwise deal with Securities Contracts and receive information services. 7.3 The Customer acknowledges that the Electronic Trading Service and the software comprised in it are proprietary to FSL the Company and/or third party provider(s). The Customer agrees and undertakes that the Customer shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way, and shall not attempt to gain unauthorized access to, any part of the Electronic Trading Service and the software comprised in it. The Customer agrees that FSL the Company may, at FSL's the Company’s absolute discretion, suspend or terminate the Customer's ’s Access Code and/or close the Account immediately without notice to the Customer, and take action against the Customer if the Customer at any time breach breaches this Agreement or any other agreement or undertaking, rules, regulations, orders and laws of Hong Kong or of the country concerned or if FSL the Company at any time reasonably suspects that the Customer has breached the same. The Customer undertakes to notify FSL the Company immediately if the Customer becomes aware that any other person is doing any of the above. 7.4 The Customer shall be the only user of the Electronic Trading Service under the Account. The Customer shall be responsible for the confidentiality and use of the Access Code and agrees to undertakeundertakes: (a) not to disclose any Access Code to any third party; (b) not to write down or record any Access Code in a way that could facilitate misuse or fraud; and (c) to immediately report any loss, unauthorized disclosure or misuse of the Customer's ’s Access Code to FSLthe Company. The Customer acknowledges and agrees that the Customer shall be solely responsible for all Instructions entered through the Electronic Trading Service using its Access Code. 7.5 The Customer further acknowledges and agrees that, as a condition of using the Electronic Trading Service to give Instructions, the Customer shall immediately notify FSL the Company if: (a) immediately after an Instruction in respect of the Account has been placed through the Electronic Trading Service, the Customer has not received: : (i) an order reference number; and and (ii) an accurate acknowledgement of the Instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Customer has received acknowledgement (whether by hard copy, electronic or verbal means) of a Transaction which the Customer did not instruct or if any similar conflict arises; or (c) the Customer becomes aware of any unauthorized use of the User ID, Password or PIN. 7.6 The Customer agrees that if the Customer fails to notify FSL the Company forthwith when any of the situations described in Clause 7.5 occurs, neither FSL the Company nor any of FSL's the Company’s directors, employees, agents agent or representatives shall have any liability to the Customer, or to any other person for any obligations, claims or other liabilities with respect to the handling, mishandling or loss of any Instruction unless such loss results from the fraud, gross negligence or wilful default on the part of FSLthe Company. 7.7 FSL The Company has no responsibility to inform the Customer of any difficulties FSL the Company or other third parties experience concerning use of the Electronic Trading Service or to take any action in connection with these difficulties. FSL The Company also will have no duty or obligation to verify, correct, complete or update any information displayed in the Electronic Trading Service. The Customer will make its own independent decision to access or use the Electronic Trading Service or to execute any Transaction and the Customer acknowledges and agrees that the Electronic Trading Service does not and will not serve as the primary basis for any of the Customer's ’s investment decisions concerning its Accounts. 7.8 The Customer understands, acknowledges and agrees that: (a) the real-time quote service and other market information available at FSL's the Company’s website is provided by a third party service provider appointed by FSL the Company from time to time; (b) neither FSL the Company nor any of FSL's the Company’s directors, employees, agents, representatives or third party service providers provider shall be responsible to the Customer for any losses, costs, expenses, damages or claims which the Customer may suffer as a result of or in connection with any respect of the real-time quote service including the Customer's ’s reliance on such service; (c) the market data and information available through the Electronic Trading Service is provided to FSL the Company by each participating Securities exchange(s) or association(s) or agent(s) (which disseminate such data and information) with assertion of a proprietary interest in such data and information; (d) FSL the Company will not be liable for any loss of profits or anticipated savings (in either case, whether direct or indirect) or any special, indirect, incidental or consequential damages which the Customer may incur or experience because the Customer entered into this Agreement or relied on the Electronic Trading Service, even if FSL the Company knows of the possibility of those losses or damages; (e) FSL the Company (and any of FSL's the Company’s affiliate) are not and will not be, by virtue of providing the Electronic Trading Service, an advisor or fiduciary for the Customer; and (f) no party guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information and neither FSLthe Company, FSL's the Company’s directors, employees, agents or representatives nor any disseminating party shall be liable in any way for any loss or damage arising from or caused by any inaccuracy, error or delay in or omission from any such data, information or message, or the transmission or delivery of the same, non-performance or interruption of any such data, message or information whether or not due to any negligent act of FSL the Company or any disseminating party, or shall be liable in any way for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Electronic Trading Service or for delays or omissions of the Electronic Trading Service, or for the failure of any connection or communication service to provide or maintain the Customer's ’s access to the Electronic Trading Service, or for any interruption or disruption of the Customer's ’s access or any erroneous communications between the Customer and FSLthe Company, or to any force majeure event as described under Clause 48 41 of this Section I, or any other cause beyond FSL's the Company’s control or the reasonable control of any disseminating party. The Customer shall use all such data, information and real-time quotes for the Customer's ’s personal use and reference only, and these must not to be reproduced, duplicated, sub-listed or transmitted or used for commercial purposes, and the Customer shall not furnish such data to any other person or entity for any reason. 7.9 By applying for and using the Electronic Trading Service, the Customer represents and warrants that: (a) the Customer is legally entitled to open and use the Electronic Trading Service; and (b) no breach of any law, regulation or governmental or other requirement whether of the Customer's ’s jurisdiction of residence or domicile, or any other relevant jurisdiction will arise as a result of any use by the Customer of the Electronic Trading Service. 7.9 By applying for and using the Electronic Trading Service, the Customer represents and warrants that: 7.10 The Customer agrees to indemnify FSL the Company on demand from all liabilities, losses, claims, damages, judgments, suits, actions, proceedings, costs (including legal fees) and expenses (collectively referred to as "Losses") FSL the Company may suffer or incur as a result of the Customer's ’s use of the Electronic Trading Service, including any breach of this Clause 7 or breaches of security of the Electronic Trading Service (including any access or entry into any of FSL's the Company’s other systems not covered by this Agreement), except to the extent such Losses are due to FSL's the Company’s gross negligence or willful wilful misconduct.

Appears in 1 contract

Samples: Client Trading Agreement

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Electronic Trading Services. 7.1 The Customer agrees to abide by the provisions of this Agreement whenever the Customer uses the Electronic Trading Service. Any additional services offered through the Electronic Trading Service in the future will only be used by the Customer in accordance with the provisions of this Agreement and any additional provisions applicable thereto. 7.2 The Customer understands that the Electronic Trading Service is a semi-automated facility, which enables the Customer to send electronic Instructions to buy, sell and otherwise deal with Securities and receive information services. 7.3 The Customer acknowledges that the Electronic Trading Service and the software comprised in it are proprietary to FSL MSL and/or third party provider(s). The Customer agrees and undertakes that the Customer shall not, and shall not attempt to, tamper with, modify, decompile, reverse engineer or otherwise alter in any way, and shall not attempt to gain unauthorized access to, any part of the Electronic Trading Service and the software comprised in it. The Customer agrees that FSL MSL may, at FSL's MSL’s absolute discretion, suspend or terminate the Customer's ’s Access Code and/or close the Account immediately without notice to the Customer, and take action against the Customer if the Customer at any time breach this Agreement or any other agreement or undertaking, rules, regulations, orders and laws of Hong Kong or of the country concerned or if FSL MSL at any time reasonably suspects that the Customer has breached the same. The Customer undertakes to notify FSL MSL immediately if the Customer becomes aware that any other person is doing any of the above. 7.4 The Customer shall be the only user of the Electronic Trading Service under the Account. The Customer shall be responsible for the confidentiality and use of the Access Code and agrees to undertake: : (a) not to disclose any Access Code to any third party; ; (b) not to write down or record any Access Code in a way that could facilitate misuse or fraud; and and (c) to immediately report any loss, unauthorized disclosure or misuse of the Customer's ’s Access Code to FSLMSL. The Customer acknowledges and agrees that the Customer shall be solely responsible for all Instructions entered through the Electronic Trading Service using its Access Code. 7.5 The Customer further acknowledges and agrees that, as a condition of using the Electronic Trading Service to give Instructions, the Customer shall immediately notify FSL MSL if: : (a) immediately after an Instruction in respect of the Account has been placed through the Electronic Trading Service, the Customer has not received: : (i) an order reference number; and and (ii) an accurate acknowledgement of the Instruction or of its execution (whether by hard copy, electronic or verbal means); (b) the Customer has received acknowledgement (whether by hard copy, electronic or verbal means) of a Transaction which the Customer did not instruct or if any similar conflict arises; or (c) the Customer becomes aware of any unauthorized use of the User ID, Password or PIN. 7.6 The Customer agrees that if the Customer fails to notify FSL forthwith when any of the situations described in Clause 7.5 occurs, neither FSL nor any of FSL's directors, employees, agents or representatives shall have any liability to the Customer, or to any other person for any obligations, claims or other liabilities with respect to the handling, mishandling or loss of any Instruction unless such loss results from the fraud, gross negligence or wilful default on the part of FSL. 7.7 FSL has no responsibility to inform the Customer of any difficulties FSL or other third parties experience concerning use of the Electronic Trading Service or to take any action in connection with these difficulties. FSL also will have no duty or obligation to verify, correct, complete or update any information displayed in the Electronic Trading Service. The Customer will make its own independent decision to access or use the Electronic Trading Service or to execute any Transaction and the Customer acknowledges and agrees that the Electronic Trading Service does not and will not serve as the primary basis for any of the Customer's investment decisions concerning its Accounts. 7.8 The Customer understands, acknowledges and agrees that: (a) the real-time quote service and other market information available at FSL's website is provided by a third party service provider appointed by FSL from time to time; (b) neither FSL nor any of FSL's directors, employees, agents, representatives or third party service providers shall be responsible to the Customer for any losses, costs, expenses, damages or claims which the Customer may suffer as a result of or in connection with any respect of the real-time quote service including the Customer's reliance on such service; (c) the market data and information available through the Electronic Trading Service is provided to FSL by each participating Securities exchange(s) or association(s) or agent(s) (which disseminate such data and information) with assertion of a proprietary interest in such data and information; (d) FSL will not be liable for any loss of profits or anticipated savings (in either case, whether direct or indirect) or any special, indirect, incidental or consequential damages which the Customer may incur or experience because the Customer entered into this Agreement or relied on the Electronic Trading Service, even if FSL knows of the possibility of those losses or damages; (e) FSL (and any of FSL's affiliate) are not and will not be, by virtue of providing the Electronic Trading Service, an advisor or fiduciary for the Customer; and (f) no party guarantees the timeliness, sequence, accuracy or completeness of market data or any other market information and neither FSL, FSL's directors, employees, agents or representatives nor any disseminating party shall be liable in any way for any loss or damage arising from or caused by any inaccuracy, error or delay in or omission from any such data, information or message, or the transmission or delivery of the same, non-performance or interruption of any such data, message or information whether or not due to any negligent act of FSL or any disseminating party, or shall be liable in any way for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Electronic Trading Service or for delays or omissions of the Electronic Trading Service, or for the failure of any connection or communication service to provide or maintain the Customer's access to the Electronic Trading Service, or for any interruption or disruption of the Customer's access or any erroneous communications between the Customer and FSL, or to any force majeure event as described under Clause 48 of this Section I, or any other cause beyond FSL's control or the reasonable control of any disseminating party. The Customer shall use all such data, information and real-time quotes for the Customer's personal use and reference only, and these must not to be reproduced, duplicated, sub-listed or transmitted or used for commercial purposes, and the Customer shall not furnish such data to any other person or entity for any reason. 7.9 By applying for and using the Electronic Trading Service, the Customer represents and warrants that: (a) the Customer is legally entitled to open and use the Electronic Trading Service; and (b) no breach of any law, regulation or governmental or other requirement whether of the Customer's jurisdiction of residence or domicile, or any other relevant jurisdiction will arise as a result of any use by the Customer of the Electronic Trading Service. 7.10 The Customer agrees to indemnify FSL on demand from all liabilities, losses, claims, damages, judgments, suits, actions, proceedings, costs (including legal fees) and expenses (collectively referred to as "Losses") FSL may suffer or incur as a result of the Customer's use of the Electronic Trading Service, including any breach of this Clause 7 or breaches of security of the Electronic Trading Service (including any access or entry into any of FSL's other systems not covered by this Agreement), except to the extent such Losses are due to FSL's gross negligence or willful misconduct.

Appears in 1 contract

Samples: Client Trading Agreement

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