By downloading software of Maxcor Financial Group Inc. or its subsidiaries (“Maxcor”) or launching a Maxcor web application from this site (collectively, the “Information Systems”), you agree to the following terms and conditions. If you do not agree with such terms and conditions, do not download or launch any Information System.
You acknowledge that Maxcor owns all rights, title and interest in and to the Information Systems, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Information Systems. You also agree to not remove, obscure, or alter Maxcor’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Information Systems.
Disclaimer of Warranties
YOU AGREE THAT THE INFORMATION SYSTEMS AND THAT THE INFORMATION SYSTEMS ARE BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. MAXCOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION SYSTEMS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITIATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL MAXCOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF MAXCOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Distribution and Export
The export and re-export of the Information Systems are controlled by the United States Export Administration Regulations and such Information Systems may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Information Systems may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading, launching or using an Information System, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
The terms and conditions contained herein will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflict of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the terms and conditions contained herein shall be in an appropriate state or federal court located in the County of New York, State of New York and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this End-User License Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this End-User License Agreement, and the remainder of this End-User License Agreement shall continue in full force and effect.