LINKING AGREEMENT
By placing links to the Financial Technology Network Content on your Web Site, you agree to the following terms and conditions:
- License Granted
a. The Financial Technology Network ("FTN"), published by CMP Media LLC, subject to the terms and conditions of this Agreement, grants to you and you hereby accept from CMP a worldwide, nontransferable, nonexclusive right and license to publish the headlines, blurbs and links ("Content") delivered by the Financial Technology Network to you through the code that Financial Technology Network provides and to create hyperlinks from such content to the Financial Technology Network web sites.
b. FTN will supply you with headlines, URLs and a brief editorial blurb to post on your Web Site.
- Ownership. You shall own any and all of the data relating to users of your Web Site. CMP shall own any and all of the data relating to users of the CMP Web Sites. Each party will retain all of its respective rights, title and interest to all of its intellectual property, including but not limited to trademarks and copyrights associated with its content.
- Term and Termination. This Agreement will become effective on the date you install the code and will continue in effect until terminated by either party at any time.In the event that you violate the terms of this agreement, we may immediately terminate delivery of the content through the code to your web site, request that you remove the code from your Web Site and such violation may result in further legal action.Upon termination of this Agreement for any reason, you will remove or cause to be removed all Content, links and associations of FTN from your Web Site.
In the event of a breach of this Agreement, the parties agree that FTN may suffer irreparable harm and the total amount of monetary damages for any injury may be impossible to calculate and would therefore be an inadequate remedy. Accordingly, the parties agree that FTN may be entitled to temporary, preliminary and permanent injunctive relief against you, your officers or employees without proof of actual damages, in addition to such other rights to which it may be entitled at law or in equity as determined by a court of competent jurisdiction.
- Modification. You may not modify the code or Content except as specified under "Formatting" above.
- Warranties/Limitation of Liability. FTN provides this Content and code "as is" with no warranties. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHE WARRANTIES< EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FTN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL< INDIRECT< INCIDENTAL< CONSEQUENTIAL OR EXEMPLAYR DAMAGES< INCLUDING LOST PROGITS AND LOSS OF BUSINESS, EVEN IF YOU HAVE BEEN PREVIOUSLY NOTIFIED OF THE POSSIBILITY OF THE SAME.
- Independent Contractor. The parties are independent contractors, and no agency, partnership, or joint venture is intended or created by this Agreement.
- Governing Law. This agreement will be governed by the laws of the State of New York, United States of America, without giving effect to conflict of laws principles.
- Assignment. This Agreement may not be assigned by you, in whole or in part.
- Force Majeure. Neither party will be deemed in default or breach for any delay or failure in the performance of any obligation of this Agreement to the extent that any such failure or delay is caused by acts of God, fire, explosions, labor disputes, accidents, war, terrorism, civil disturbances, material shortages or other similar causes beyond its reasonable control; provided, however, that if such a condition should arise, the party whose performance is affected by such condition shall use its commercially reasonable efforts to resume performance within a commercially reasonable time.
- Indemnification. CMP agrees to indemnify, defend and hold Content Partner, its successors, officers, directors, employees harmless from any and all actions, cause of action, claims, demands, costs, liabilities, expenses (including reasonable attorney's fees) and damages arising out of or in connection with any claim relating to the content provided by CMP. The foregoing obligations are conditioned on you (i) giving the FTN notice of the relevant claim, (ii) cooperating with FTN, at our expense, in the defense of such claim, and (iii) giving FTN the right to control the defense and settlement of any such claim., You shall have the right to participate in the defense at its expense.
- Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties hereto as to the matters set forth herein and supersedes all prior agreements and understandings, oral and written, between the parties hereto or otherwise with respect to the subject matter hereof. No change, amendment, termination or attempted waiver of any of the provisions hereof shall be binding upon any party hereto unless set forth in an instrument in writing signed by the party to be bound.
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