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 Trust and Sponsor by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and Sponsor. The Trust and Sponsor have a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor 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 Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge the proprietary rights that Fund Services and its suppliers have in the Data. B. THE TRUST AND SPONSOR HEREBY ACCEPT THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. C. Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services’ suppliers terminate any agreement to provide Data to Fund Services. Also, Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services reasonably believes that the Trust and Sponsor are using the Data in violation of the License, or breaching their duties of confidentiality provided for hereunder, or if any of Fund Services’ suppliers demand that the Data be withheld from the Trust and Sponsor. Fund Services will provide notice to the Trust and Sponsor of any termination of provision of Data as soon as reasonably possible.

Appears in 5 contracts

Samples: Fund Accounting Servicing Agreement (ETF Managers Group Commodity Trust I), Fund Accounting Servicing Agreement (ConvexityShares Trust), Fund Accounting Servicing Agreement (ETF Managers Group Commodity Trust I)

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License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor by Fund Services USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and Sponsor. The Trust and Sponsor have a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor 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 Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge the proprietary rights that Fund Services USBFS and its suppliers have in the Data. B. THE TRUST AND SPONSOR HEREBY ACCEPT THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. C. Fund Services USBFS may stop supplying some or all Data to the Trust and Sponsor if Fund Trust Services’ suppliers terminate any agreement to provide Data to Fund ServicesUSBFS. Also, Fund Services USBFS may stop supplying some or all Data to the Trust and Sponsor if Fund Services USBFS reasonably believes that the Trust and Sponsor are using the Data in violation of the License, or breaching their duties of confidentiality provided for hereunder, or if any of Fund Trust Services’ suppliers demand that the Data be withheld from the Trust and Sponsor. Fund Services USBFS will provide notice to the Trust and Sponsor of any termination of provision of Data as soon as reasonably possible.

Appears in 3 contracts

Samples: Fund Accounting Servicing Agreement (Valkyrie Bitcoin Fund), Fund Accounting Servicing Agreement (Valkyrie Bitcoin Fund), Fund Accounting Servicing Agreement (Tidal Commodities Trust I)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust for internal purposes and Sponsoruse in the normal conduct of its business and will not redistribute the Data in any form or manner to any third party, except for its advisers, agents and consultants. The Trust and Sponsor have a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor 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 Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge the proprietary rights that Fund Services and its suppliers have in the Data. B. THE TRUST AND SPONSOR HEREBY ACCEPT THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. C. Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services’ suppliers terminate any agreement to provide Data to Fund Services. Also, Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services reasonably believes that the Trust and Sponsor are using the Data in violation of the License, or breaching their duties of confidentiality provided for hereunder, or if any of Fund Services’ suppliers demand that the Data be withheld from the Trust and Sponsor. Fund Services will provide notice to the Trust and Sponsor of any termination of provision of Data as soon as reasonably possible.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Vs Trust), Fund Accounting Servicing Agreement (Vs Trust)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust for internal purposes and Sponsoruse in the normal conduct of its business and will not redistribute the Data in any form or manner to any third party, except for its advisers, agents and consultants. The Trust and Sponsor have has a limited license to use the Data only for purposes necessary to valuing the Trusta Fund’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor do 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 Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge acknowledges the proprietary rights that Fund Services and its suppliers have in the Data. B. THE TRUST AND SPONSOR HEREBY ACCEPT 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. C. Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services’ suppliers terminate any agreement to provide Data to Fund Services. Also, Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services reasonably believes that the Trust and Sponsor are is using the Data in violation of the License, or breaching their its duties of confidentiality provided for hereunder, or if any of Fund Services’ suppliers demand that the Data be withheld from the Trust and SponsorTrust. Fund Services will provide notice to the Trust and Sponsor of any termination of provision of Data as soon as reasonably possible.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Tidal ETF Trust), Fund Accounting Servicing Agreement (Tidal ETF Trust)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations valuations being provided to the Trust and Sponsor Fund by Fund Services USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the Trust and SponsorFund. The Trust and Sponsor have Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies and the Fund’s stockholders (the “License”). The Trust and Sponsor do Fund 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 Trust’s and SponsorFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge Fund acknowledges the proprietary rights that Fund Services USBFS and its suppliers have in the Data. B. THE TRUST FUND AND SPONSOR THE ADVISER HEREBY ACCEPT THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. C. Fund Services USBFS may stop supplying some or all Data to the Trust and Sponsor Fund if Fund ServicesUSBFS’ suppliers terminate any agreement to provide Data to Fund ServicesUSBFS. Also, Fund Services USBFS may stop supplying some or all Data to the Trust and Sponsor Fund if Fund Services USBFS reasonably believes that the Trust and Sponsor are Fund is using the Data in violation of the License, or breaching their its duties of confidentiality provided for hereunder, or if any of Fund ServicesUSBFS’ suppliers demand that the Data be withheld from the Trust and SponsorFund. Fund Services USBFS will provide notice to the Trust and Sponsor Fund of any termination of provision of Data as soon as reasonably possible.

Appears in 2 contracts

Samples: Master Servicing Agreement (Silver Point Specialty Lending Fund), Master Servicing Agreement (Silver Point Specialty Lending Fund)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Company and the Trust and Sponsor by Fund Services USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and SponsorCompany. The Company and the Trust and Sponsor have a limited license to use the Data only for purposes necessary to valuing the Company and the Trust’s assets and reporting to regulatory bodies (the “License”). The Company and the Trust and Sponsor 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 Company and the Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Company and the Trust and Sponsor acknowledge the proprietary rights that Fund Services USBFS and its suppliers have in the Data. B. THE COMPANY AND THE TRUST AND SPONSOR HEREBY ACCEPT THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. C. Fund Services USBFS may stop supplying some or all Data to the Company and the Trust and Sponsor if Fund Services’ USBFS’s suppliers terminate any agreement to provide Data to Fund ServicesUSBFS. Also, Fund Services USBFS may stop supplying some or all Data to the Company and the Trust and Sponsor if Fund Services USBFS reasonably believes that the Company and the Trust and Sponsor are using the Data in violation of the License, or breaching their its duties of confidentiality provided for hereunder, or if any of Fund Services’ USBFS’s suppliers demand that the Data be withheld from the Trust Company and Sponsorthe Trust. Fund Services USBFS will provide notice to the Company and the Trust and Sponsor of any termination of provision of Data as soon as reasonably possible.

Appears in 2 contracts

Samples: Fund Accounting Servicing Agreement (Kinetics Portfolios Trust), Fund Accounting Servicing Agreement (Kinetics Mutual Funds Inc)

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License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor on behalf of its Funds by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and SponsorTrust. The Trust and Sponsor have has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor do 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 Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge acknowledges the proprietary rights that Fund Services and its suppliers have in the Data. B. THE TRUST AND SPONSOR HEREBY ACCEPT 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. C. Fund Services may stop supplying some or all Data to the Trust and Sponsor on behalf of its Funds if Fund Services’ suppliers terminate any agreement to provide Data to Fund Services. Also, Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services reasonably believes that the Trust and Sponsor or the Funds are using the Data in violation of the License, or breaching their its duties of confidentiality provided for hereunder, or if any of Fund Services’ suppliers demand that the Data be withheld from the Trust and SponsorFunds. Fund Services will provide notice to the Trust and Sponsor of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Service Agreement (Mairs & Power Funds Trust)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and Sponsor. The Trust and Sponsor have a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor 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 Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge the proprietary rights that Fund Services and its suppliers have in the Data. B. . THE TRUST AND SPONSOR HEREBY ACCEPT THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. C. . Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services’ suppliers terminate any agreement to provide Data to Fund Services. Also, Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services reasonably believes that the Trust and Sponsor are using the Data in violation of the License, or breaching their duties of confidentiality provided for hereunder, or if any of Fund Services’ suppliers demand that the Data be withheld from the Trust and Sponsor. Fund Services will provide notice to the Trust and Sponsor of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (Teucrium Commodity Trust)

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and SponsorTrust. The Trust and Sponsor have has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (including, for avoidance of doubt, calculations ancillary to valuing the Trust’s assets and the creation of reporting related to the valuation of the Trust’s assets) (the “License”). The Trust and Sponsor do 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 Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge acknowledges the proprietary rights that Fund Services and its suppliers have in the Data. B. THE TRUST AND SPONSOR HEREBY ACCEPT 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. C. . Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services’ suppliers terminate any agreement to provide Data to Fund Services. Also, Fund Services may stop supplying some or all Data to the Trust and Sponsor if Fund Services reasonably believes that the Trust and Sponsor are is using the Data in violation of the License, or breaching their its duties of confidentiality provided for hereunder, or if any of Fund Services’ suppliers demand that the Data be withheld from the Trust and SponsorTrust. Fund Services will provide prompt notice to the Trust and Sponsor of any termination of provision of Data as soon as reasonably possible.

Appears in 1 contract

Samples: Fund Accounting Servicing Agreement (TigerShares Trust)

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