The Institute for Financial Markets
Futures and Options Factbook Data Access License
The Futures and Options Factbook is subscription fee-based data service provided by Institute
for Financial Markets and made available to authorized users annual subscription.
ACCESSING THE DATA VIA YOUR USER IDENTIFICATION ("USER ID" OR "USERNAME")
AND PASSWORD GIVES YOU CERTAIN LIMITED RIGHTS. NEITHER YOU, NOR YOUR
FIRM, BECOME THE OWNER OF THE PROGRAM AND DATA, AND THE INSTITUTE FOR
FINANCIAL MARKETS RETAINS TITLE TO, THE PROGRAM, DATA AND RELATED
MATERIALS.
1. Use of Data.
- The Data will be accessible to Subscriber via a website of IFM (the “IFM Site”)
designated by IFM on its website located at www.theifm.org or a successor website.
"Subscriber" means the user designated to access the online Factbook per the IFM or, in
the case of a multi-user license, the group(s) of individuals so authorized.
- IFM shall issue to Subscriber a username (user identification or user id) and password to
access the Futures and Options Factbook.
- Subscriber shall be responsible for (i) maintaining the confidentiality of username (user
identification or user id) and password, and (ii) all activities undertaken by users of
Subscriber’s username and/or password.
- User will not share, rent, sublicense, sell, lease, transferring or otherwise distribute or
disclose login credentials.
2. Permitted Uses.
Authorized Users may make printed copies of limited portions of the Data for general business
purposes while not infringing on the IFM's copyright interests in the Futures and Options
Factbook.
3. Uses Not Permitted.
- Making copies of the Data, except as provided in Section 2, Permitted Uses.
- Making Data or copies thereof available to individuals or organizations not authorized by
the IFM to receive such information.
- Renting, sublicensing, selling, leasing, transferring or otherwise distributing or disclosing
to any third party the Data, or any portion thereof, in any form, or permit third parties
access to such Data under this Agreement other than with Authorized Users.
- Removing or obscuring any copyright notices.
4. Termination.
Subscriber may terminate this Agreement at any time, upon notice to IFM. In the event of
termination of this Agreement by Subscriber (except for termination due to IFM’s breach), IFM
shall retain any fees paid to IFM by Subscriber. Either party may terminate this Agreement
due to a material breach of its terms and conditions by the other party, subject to a period of
thirty (30) days from receipt of notice from the non-breaching party of the alleged breach, during
which time the breaching party will have the opportunity to cure such breach. If Subscriber
terminates this Agreement due to a breach by IFM, the IFM shall refund to Subscriber a pro-
rated portion of prepaid fees for the current term.
5. Proprietary Rights.
IFM or its licensors shall own all rights, title and interest in and to the Data and the IFM Site,
including all copyrights, patents, trade secrets, database rights and Subscriber expressly
acknowledges IFM’s representation that the Data constitutes trade secrets proprietary to IFM or
its licensors. Subscriber agrees to use good faith efforts to protect the Data from unauthorized
disclosure or access, which measures shall be at least as diligent as those employed by
Subscriber to protect its own confidential information.
6. Disclaimer.
Except as otherwise provided hereunder, the Data and the IFM Site are provided on an “as is”
and “as available” basis. While IFM endeavors to obtain the Data from sources it believes to be
reliable, IFM cannot guarantee the accuracy, completeness, or currency of the Data or the
future provision of Data to IFM by IFM’s current sources. IFM likewise cannot guarantee the
availability of the Internet or the IFM Site. While the IFM takes reasonable precautions, it cannot
warrant that the IFM Site, the Data, or any electronic mail transmitted by IFM to Subscriber, will
be free of viruses or other harmful components. Subscriber acknowledges that its use of the
Data and the IFM Site are at Subscriber’s sole risk.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IFM MAKES NO, AND
HEREBY DISCLAIMS ALL, EXPRESS AND IMPLIED WARRANTIES REGARDING THE
DATA, AND THE IFM SITE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
7. Warranty.
IFM warrants that it has all rights, authorizations or licenses to provide the Data and the IFM
Site to Subscriber.