Common use of License of Data; Warranty; Termination of Rights Clause in Contracts

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide Data to the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’ suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to any termination of provision of Data as soon as reasonably possible.

Appears in 3 contracts

Samples: Fund Accounting Servicing Agreement (Leuthold Funds Inc), Fund Accounting Servicing Agreement (RBB Fund, Inc.), Fund Accounting Servicing Agreement (RBB Fund, Inc.)

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License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to for valuing the Company’s assets and assets, reporting to regulatory bodies and for use in the Company’s marketing materials, including without limitation its quarterly letters to shareholders and quarterly fact sheets (the “License”). The Company does not have any license nor or right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical databaseusers. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entityentity other than The Nxxxxxx Group, Inc., Nxxxxxx Asset Management, LLC or other affiliates of the Company. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Needham Funds Inc), Fund Accounting Servicing Agreement (Needham Funds Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’ suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Provident Mutual Funds, Inc.), Fund Accounting Servicing Agreement (Provident Mutual Funds, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale including re-sale to other users or use to create any type of historical databaseusers. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY MERCANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Texas Capital Value Funds Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company Corporation by USBFS pursuant hereto (collectively, the "Data") are being licensed, not sold, to the CompanyCorporation. The Company Corporation has a limited license to use the Data only for purposes necessary to valuing the Company’s Corporation's assets and reporting to regulatory bodies (the "License"). The Company Corporation does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s Corporation's right to use the Data cannot be passed to or shared with any other entity. The Company Corporation acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY CORPORATION HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company Corporation if USBFS's suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company Corporation if USBFS reasonably believes that the Company Corporation is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS's suppliers demand that the Data be withheld from the CompanyCorporation. USBFS will provide notice to the Company prior to Corporation of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Ohio National Fund Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the CompanyTrust. The Company Trust has a limited license to use the Data only for purposes necessary to valuing the CompanyTrust’s assets and reporting to regulatory bodies (the “License”). The Company Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The CompanyTrust’s right to use the Data cannot be passed to or shared with any other entity. The Company Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect effect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther forth in Section 9 of this Agreement. C. USBFS may use different suppliers to provide Data to the Company Trust if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company Trust if USBFS reasonably believes that the Company Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’ suppliers demand that the Data be withheld from the CompanyTrust. USBFS will provide notice to the Company prior to Trust of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Trust for Credit Unions)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company Corporation by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the CompanyCorporation. The Company Corporation has a limited license to use the Data only for purposes necessary to valuing the CompanyCorporation’s assets assets, providing relevant data to its lawyers, accountants and Board of Directors, and reporting to regulatory bodies (the “License”). The Company Corporation does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The CompanyCorporation’s right to use the Data cannot be passed to or shared with any other entity, except as provided above. The Company Corporation acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY CORPORATION HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH AND USBFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company Corporation if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company Corporation if USBFS reasonably believes that the Company Corporation is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the CompanyCorporation. USBFS will provide notice to the Company prior to Corporation of any termination of provision of Data as soon as reasonably possible. USBFS will use its best efforts to obtain an alternative Data source for the Corporation, in the event some or all Data becomes unavailable.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Jacob Funds Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations valuations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the Administrator and the Company. The Administrator and the Company has have a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies and the Company’s stockholders (the “License”). The Administrator and the Company does do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Adminstrator and Company’s right to use the Data cannot be passed to or shared with any other entity. The Company Administrator, on behalf of itself and the Company, acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY ADMINISTRATOR, ON BEHALF OF ITSELF AND THE COMPANY, HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Administrator and the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Administrator and the Company if USBFS reasonably believes that the Administrator and/or the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’ suppliers demand that the Data be withheld from the Administrator and/or the Company. USBFS will provide notice to the Company prior to Administrator of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Accounting Servicing Agreement (Terra Income Fund 6, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the CompanyTrust. The Company Trust has a limited license to use the Data only for purposes necessary to valuing the CompanyTrust’s assets and reporting to regulatory bodies (the “License”). The Company Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The CompanyTrust’s right to use the Data cannot be passed to or shared with any other entity. The Company Trust acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data. B. THE COMPANY TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS Fund Services may use different suppliers to provide stop supplying some or all Data to the Company Trust if USBFSFund Services’ suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Company Trust if USBFS Fund Services reasonably believes that the Company Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFSFund Services’ suppliers demand that the Data be withheld from the CompanyTrust. USBFS Fund Services will provide notice to the Company Trust prior to any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (RBB Fund, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’s suppliers terminate any agreement to provide Data to USBFSUSBFS provided that USBFS work with the Advisor to obtain comparable Data from another supplier, and subject to the approval of the Fund Board. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible. D. Notwithstanding the language provided in Section (3) herein, USBFS is in no way absolved from any duties and responsibilities set forth in Section two (2) of E. this Agreement, including performing tolerance checks, reviewing the current day’s activities on a per-share basis and reviewing changes in market value. For instance, USBFS will review daily exception reports to examine securities which exceed set tolerance levels and check those identified securities against a secondary source to confirm the change is due to normal business activity.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Prospector Funds, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide Data to the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS USBGFS may stop supplying some or all Data to the Company if USBFS USBGFS’ suppliers terminate any agreement to provide Data to USBGFS. Also, USBGFS may stop supplying some or all Data to the Company if USBGFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFSUSBGFS’ suppliers demand that the Data be withheld from the Company. USBFS USBGFS will provide notice to the Company prior to Fund of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Jensen Quality Growth Fund Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the "Data") are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s 's assets and reporting to regulatory bodies (the "License"). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s 's right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS's suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop maystop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS's suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Matrix Advisors Value Fund Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data. B. THE COMPANY TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide Data to the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS USBGFS may stop supplying some or all Data to the Company if USBFS USBGFS’ suppliers terminate any agreement to provide Data to USBGFS. Also, USBGFS may stop supplying some or all Data to the Company if USBGFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFSUSBGFS’ suppliers demand that the Data be withheld from the Company. USBFS Fund. USBGFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Etf Fund Accounting Servicing Agreement (Jacob Funds Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations of Interactive Data Pricing and Reference Date, Inc. (“IDP”) being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical databasedatabase other than in connection with the services provided hereunder or as required in connection with the Company's recordkeeping requirements under applicable law. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’ suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Aegis Value Fund Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’s suppliers terminate any agreement to provide Data to USBFS; provided that USBFS will use reasonable efforts to obtain comparable Data from another supplier. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Fairholme Funds Inc)

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License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’s suppliers terminate any agreement to provide Data to USBFSUSBFS provided that USBFS work with the Advisor to obtain comparable Data from another supplier, and subject to the approval of the Fund Board. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible. D. Notwithstanding the language provided in Section (3) herein, USBFS is in no way absolved from any duties and responsibilities set forth in Section two (2) of this Agreement, including performing tolerance checks, reviewing the current day’s activities on a per-share basis and reviewing changes in market value. For instance, USBFS will review daily exception reports to examine securities which exceed set tolerance levels and check those identified securities against a secondary source to confirm the change is due to normal business activity.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Prospector Funds, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the "Data") are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s 's assets and reporting to regulatory bodies (the "License"). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s 's right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY MERCANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS's suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS's suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Keeley Funds, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the each Company by USBFS pursuant hereto (collectively, the "Data") are being licensed, not sold, to the each Company. The Each Company has a limited license to use the Data only for purposes necessary to valuing the Company’s 's assets and reporting to regulatory bodies (the "License"). The Each Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Each Company’s 's right to use the Data cannot be passed to or shared with any other entity. The Each Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the each Company if USBFS's suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the each Company if USBFS reasonably believes that the each Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS's suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the each Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (American Eagle Funds Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide Data to the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’ suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (RBB Fund, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS Fund Services is required to provide or the standard of care and liability USBFS Fund Services has set forther in Section 9 of this Agreement. C. USBFS Fund Services may use different suppliers to provide Data to the Company if USBFSFund Services’ suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Company if USBFS Fund Services reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFSFund Services’ suppliers demand that the Data be withheld from the Company. USBFS Fund Services will provide notice to the Company prior to any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (RBB Fund, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information analyses, data, methodologies and evaluations (other than market quotations and other publicly available information) being provided by USBFS to the Company by USBFS pursuant hereto for use in connection with determining valuations of the portfolio securities and other assets of each Fund (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale including re-sale to other users or use to create any type of historical databaseusers. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY MERCANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Baird Funds Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entityentity other than the Company’s distributor or as required by applicable law, regulation or regulatory order. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possiblepossible after USBFS receives notice.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Wintergreen Fund, Inc.)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale including re-sale to other users or use to create any type of historical databaseusers. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’ suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Jensen Portfolio Inc)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Company. The Company has a limited license to use the Data only for purposes necessary to valuing the Company’s assets and reporting to regulatory bodies (the “License”). The Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Company’s right to use the Data cannot be passed to or shared with any other entity. The Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. The provisions in this section shall not have any affect upon the services USBFS is required to provide or the standard of care and liability USBFS has set forther in Section 9 of this Agreement. C. USBFS may use different suppliers to provide stop supplying some or all Data to the Company if USBFS’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Company if USBFS reasonably believes that the Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’ suppliers demand that the Data be withheld from the Company. USBFS will provide notice to the Company prior to of any termination of provision of Data as soon as reasonably possible. USBFS will use its best efforts to help the Company to replace the services and/or data in the event of any disruption of services hereunder.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Frontegra Funds Inc)

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