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Intellectual Property Definition
IP Ownership by Kayrros
Availability of Products and Services
The subscription to Kayrros’s Products and Services is subject to the provision of certain data regarding Subscriber. Such data is used solely for the purposes of the Products or Services and shall not be disclosed to any third party. Subscriber may require Kayrros to correct (if they are wrong), complete or clarify (if they are incomplete or ambiguous), or erase (if such information could not legally be collected) any of its data that Kayrros holds. Subscriber may also refuse the collection and processing of its data, which may make it impossible for Kayrros to provide its Products or Services.
Subscriber may exercise its rights hereunder by sending a message to the following address: email@example.com. Kayrros takes the appropriate physical, technical and organizational measures to ensure the security and confidentiality of the personal data Subscriber chooses to provide to Kayrros, especially to prevent the risk of loss, accidental destruction or alteration of such data, and the unauthorized access by third parties to such data. Subscriber data is being hosted in the European Union.
Indemnity Against Third Party IP Infringement
Limitations on Liability
1. LIMITATION OF LIABILITY
2. GENERAL DISCLAIMER
3. U.S. SECURITIES LAW DISCLAIMERS
THE ENERGY INDUSTRY DATA AND REPORTS PUBLISHED OR PROVIDED BY KAYRROS (“KAYRROS REPORTS”) ARE NOT INTENDED TO CONSTITUTE INVESTMENT ADVICE. KAYRROS IS NOT AN INVESTMENT ADVISER WITHIN THE MEANING OF SECTION 202(A)(11) OF THE U.S. INVESTMENT ADVISERS ACT OF 1940, AS AMENDED, AND IS NOT A COMMODITY TRADING ADVISOR WITHIN THE MEANING OF SECTION 1(a)(12) OF THE U.S. COMMODITY EXCHANGE ACT. KAYRROS REPORTS DO NOT CONTAIN ANY RECOMMENDATIONS TO BUY OR SELL ANY SECURITIES OR COMMODITY INTERESTS AND SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY TRANSACTIONS IN SECURITIES OR COMMODITY INTERESTS.
KAYRROS AND ITS OWNERS, AFFILIATES AND REPRESENTATIVES ARE NOT (1) INVESTMENT ADVISERS, COMMODITY TRADING ADVISORS, BROKER-DEALERS, FINANCIAL ANALYSTS, FINANCIAL PLANNERS, OR BANKS, (2) COMPENSATED FOR PROVIDING INVESTMENT ADVICE, (3) ARE NOT REGISTERED OR LICENSED WITH ANY REGULATORY BODY IN ANY JURISDICTION AS INVESTMENT ADVISERS, COMMODITY TRADING ADVISORS, FINANCIAL PLANNERS, BROKER-DEALERS, OR IN ANY OTHER CAPACITY (INCLUDING THE U.S. SECURITIES & EXCHANGE COMMISSION (THE “SEC”), THE U.S. COMMODITY FUTURES TRADING COMMISSION (THE “CFTC”), THE U.S. FINANCIAL REGULATORY AUTHORITY (“FINRA”), OR THEIR EQUIVALENTS IN NON-U.S. JURISDICTIONS) AND DO NOT TRADE IN OR RECOMMEND THE SALE OR PURCHASE OF SECURITIES OR COMMODITY INTERESTS, OR (4) LICENSED OR ABLE TO PROVIDE INVESTMENT ADVICE OR RESPOND TO INDIVIDUAL REQUESTS FOR RECOMMENDATIONS TO PURCHASE OR SELL ANY SECURITIES OR COMMODITY INTERESTS. NO REGULATORY BODY IN ANY JURISDICTION (INCLUDING THE SEC, CFTC, FINRA, OR A REGULATORY BODY OF ANY STATE OR ANY NON-U.S. JURISDICTION) HAS ENDORSED KAYRROS OR THE CONTENTS OF KAYRROS CONTENT OR THE ACCURACY, ADEQUACY, SAFETY, RELIABILITY, USEFULNESS, QUALITY OR LEGITIMACY OF ANY INFORMATION PROVIDED TO SUBSCRIBERS IN KAYRROS REPORTS.
KAYRROS REPORTS (1) MAY CONTAIN OPINIONS BASED ON THIRD PARTY SOURCES THAT ARE NOT INDEPENDENTLY VERIFIED FOR ACCURACY OR COMPLETENESS, (2) MAY CONTAIN FORWARD-LOOKING STATEMENTS, WHICH ARE IDENTIFIED BY WORDS SUCH AS “EXPECTS,” “ANTICIPATES,” “BELIEVES,” OR “ESTIMATES,” AND SIMILAR EXPRESSIONS, AND (3) ARE CURRENT AS OF THE DATE OF PUBLICATION BUT MAY CONTAIN INFORMATION OR STATEMENTS THAT ARE SUBJECT TO CHANGE WITHOUT NOTICE. KAYRROS HAS NO OBLIGATION TO UPDATE ANY INFORMATION CONTAINED IN KAYRROS REPORTS, AND ACTUAL OUTCOMES COULD DIFFER MATERIALLY FROM THOSE ANTICIPATED IN KAYRROS REPORTS DUE TO FACTORS BEYOND KAYRROS’S CONTROL. AS A RESULT, THE USE OF KAYRROS REPORTS IS AT SUBSCRIBERS’ OWN RISK.
4. FRENCH SECURITIES LAW DISCLAIMERS
KAYRROS DOES NOT PROVIDE ANY INVESTMENT SERVICE AS DEFINED IN ARTICLES L. 321-1 AND E. 321-1 OF THE FRENCH MONETARY AND FINANCIAL CODE (“THE CODE”), AND CONSEQUENTLY IS NOT REGISTERED AS AN INVESTMENT SERVICE PROVIDER WITHIN THE MEANING OF ARTICLE L. 531-1 OF THE CODE. SIMILARLY, KAYRROS DOES NOT PROVIDE INVESTMENT ADVICE WITHIN THE MEANING OF SUB-ARTICLE 5 OF ARTICLE L. 321-1 OF THE CODE, ADVICE WITH RESPECT TO THE EXECUTION OF BANKING TRANSACTIONS REFERRED TO IN ARTICLE L. 311-1 OF THE CODE, ADVICE WITH RESPECT TO THE PROVISION OF INVESTMENT SERVICES REFERRED TO IN ARTICLE L. 321-1 OF THE CODE, OR ADVICE WITH RESPECT TO THE EXECUTION OF TRANSACTIONS RELATING TO MISCELLANEOUS ASSETS AS DEFINED IN ARTICLE L. 550-1 OF THE CODE. CONSEQUENTLY, KAYRROS IS NOT A FINANCIAL INVESTMENT ADVISER WITHIN THE MEANING OF ARTICLE L. 541-1 OF THE CODE.
Limitations on Liability
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to its conflict of laws principles that would result in the application of another jurisdiction’s laws.
Exclusive Jurisdiction and Venue; Injunctive Relief
The Parties hereto irrevocably consent and waive any objection to the exclusive jurisdiction of and venue in the federal and/or state courts located in New York County, State of New York. The Parties agree and acknowledge that any breach of this Agreement will give rise to irreparable harm for which monetary damages would be inadequate, and that the non-breaching Party shall therefore be entitled, in addition to any other remedies it may be awarded under the law, to obtain timely injunctive relief without being required to post a bond or other security.