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The Acceptable Use section of this policy, which describes activities which are prohibited when using or accessing this Website, is set out at the end of the policy for ease of reference.
There are four levels of user identification or affiliation on this Web Site. These levels are used for identification and access control for users as follows:
"Guest" is a user who is not logged on to the Web Site.
"Registered user" is a user who has registered and created a user profile on the Web Site and is logged in. This person does not have to be affiliated with FPL in any way.
"FPL Member" is a registered, logged-in user who is employed or engaged by an FPL Member firm and is authorised to use the Web Site in such capacity.
"Group Member" is an individual who is affiliated (i.e. listed as a participant) of a particular group (i.e. Committee, Working Group, Vendor entry, etc.). This person does not necessarily have to be an "FPL Member".
The Web Site's document access control is managed based upon those four levels.
All contents, documents, information or other materials ("Materials") on this Web Site are protected under applicable copyrights, trademarks and other proprietary and/or intellectual property rights. The copying, redistribution, use or publication by you of any such Materials or any part of this Web Site, except as allowed by the Limited Licence set out below, is strictly prohibited. You do not acquire ownership rights to any Materials viewed through this Web Site. The posting of Materials on this Web Site does not constitute a waiver of any right in such Materials by FIX Protocol Limited ("FPL"), its affiliates or its licensors.
Except for products and services which require you to accept additional separate licence terms in order to have permission to download and access such products and services, FPL grants you permission to download Materials solely for use within your organisation and/or for the purpose of conducting your organisation's business. Each downloaded copy must plainly display all copyright and other proprietary notices in the same form and manner as on the original and must display a statement that the Materials are used solely with permission of FPL.
No part of any Materials may be reproduced, modified, distributed, sold or leased except as provided in these terms. You are not permitted to modify, distribute, publish, transmit or create derivative works of any Materials found on this Web Site for any other purposes.
In particular, the FIX Protocol specification, implementation guide and repository (together "the FIX Protocol") cannot be downloaded and adapted with a view to creating a new right, title, licence or interest in the adapted version of the FIX Protocol.
Copyright and all other intellectual property rights in the FIX Protocol belong to FPL and its licensors. All rights in the FIX Protocol are reserved to FPL and its licensors.
FPL grants you a personal non-transferable right to print in hard copy form (or to copy any such printed copy) the FIX Protocol specification in its entirety provided that:
the duplicated pages retain the "Copyright FIX Protocol Limited" statement together with all other proprietary logos and legends of FPL and its licensors as appear on the FIX Protocol specification from time to time;
the FIX Protocol may not be copied, printed or reproduced other than for use within your organisation and/or for the purpose of conducting your organisation's business and may not be sold or distributed to any other person except with the prior written permission of FPL.
Portions of the FIX Protocol not exceeding 75% of the number of words contained in the original documentation may be extracted or cited in other documents (such as a document which describes an implementation of the FIX Protocol) provided that you reference the origin of the FIX Protocol (www.fixprotocol.org) and that the FIX Protocol itself is "Copyright FIX Protocol Limited".
Note that FPL claims no intellectual property over any implementation (programming code) of an application which implements the behaviour and details from the FIX Protocol specification.
No other right, title, licence or interest in or other proprietary right in or to the FIX Protocol (or any rights therein or part thereof) is granted except as expressly provided herein.
Trademarks and Servicemarks
"F.I.X. Protocol", "FIXimate", "FIXML", "F.I.X.", "INDUSTRY DRIVEN MESSAGING STANDARD", "FAST PROTOCOL", "FIX ADAPTED FOR STREAMING", "FIXATDL" are trademarks or servicemarks of FIX Protocol Limited. The marks "F.I.X. Protocol" "FIXML" and "F.I.X." are registered trademarks in the European Community and Canada.
All other trademarks used on this Web Site are the registered trademarks or trademarks of their respective owners.
THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" AND NO PERSON OR ENTITY ASSOCIATED WITH THE MATERIALS MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE MATERIALS (OR THE RESULTS TO BE OBTAINED BY THE USE THEREOF) OR ANY OTHER MATTER AND EACH SUCH PERSON AND ENTITY SPECIFICALLY DISCLAIMS ANY WARRANTY OF ORIGINALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SUCH PERSONS AND ENTITIES DO NOT WARRANT THAT THE FIX PROTOCOL WILL CONFORM TO ANY DESCRIPTION THEREOF OR BE FREE OF ERRORS OR DELAYS IN CONTENT. THE ENTIRE RISK OF ANY USE OF THE MATERIALS IS ASSUMED BY THE USER.
FPL OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE MATERIALS AT ANY TIME WITHOUT NOTICE. FPL OR ITS AFFILIATES RESERVES THE RIGHT TO MODIFY THE MATERIALS WITHOUT NOTICE.
NO PERSON OR ENTITY ASSOCIATED WITH THE MATERIALS SHALL HAVE ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING IN ANY MANNER OUT OF OR IN CONNECTION WITH ANY USER'S USE OF (OR ANY INABILITY TO USE) THE MATERIALS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, CLAIMS OF THIRD PARTIES, LOSS OF BUSINESS OR LOST PROFITS OR REVENUES OR OTHER ECONOMIC LOSS), WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT OR OTHERWISE, WHETHER OR NOT ANY SUCH PERSON OR ENTITY HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF, SUCH DAMAGES.
Disclosure; Forward-Looking Statements
The Materials may contain projections or other forward-looking statements regarding future events or the future financial performance of FPL. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
In many cases, you can identify forward-looking statements by terminology such as "may," "will," "should," "expects," "plans," "anticipates," "believes," "estimates," "predicts," "potential," or "continue," or the negative of such terms and other comparable terminology.
FPL has not reviewed all of the sites linked to this Web Site and neither it nor any of its affiliates responsible for the contents of any off-site pages or any other sites linked to this Web Site. The mention of such sites or inclusion of any link to such sites constitutes neither an endorsement nor a recommendation. Your linking to any other off-site pages or other sites is at your own risk.
Those areas of the FPL Web Site which you access by using a password or other security device may contain information marked confidential or represented within a "non-public" section. This material is proprietary and confidential information on FPL, its affiliates and its suppliers, including documents, manuals, software, program listings, data file printouts, and other technical and marketing information (Confidential Information). By accessing this Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting the FIX Protocol. You also agree to be careful with this Confidential Information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Confidential Information that you receive.
FPL discourages you from sending us or posting in discussion forums any information that you consider confidential or proprietary through this Web Site. Please note that if you do send us any such information or material, FPL will assume it is not confidential. By sending information or material to this website, you grant FPL and its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that FPL and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
Your password is confidential and may not be disclosed to any other person.
Right to investigate breaches of these terms
FPL reserves the right to investigate suspected breaches of these terms, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on FPL's servers and network. During an investigation, FPL may suspend the user or FPL Member involved and/or remove or block material that potentially violates these terms. You expressly authorise FPL, its affiliates and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal breaches, and (ii) rights owners who allege their rights are or have been or may be infringed and (iii) system administrators at other Internet service providers or other network or computing facilities in order to enforce these terms. This cooperation may include FPL providing available personally identifiable information about you to such persons, including, but not limited to, username, email address and other relevant information.
The failure of FPL, its affiliates or its suppliers to enforce these terms, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of these terms is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Consequences of breach
Your breach of these terms will result in you now longer being able to use all or any part of this website including any discussion forums, or where you are an FPL Member, suspension of termination of your membership.
You agree to indemnify, defend and hold harmless FPL and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in any of the prohibited activities listed in these terms or resulting from your breach of the Policy or of any other posted FPL policy related to this Web Site. Your indemnification will survive any termination of your membership.
This Web Site is not directed at any person in any jurisdiction where for any reason the publication or availability of this site is prohibited. Those in respect of whom such prohibitions apply must not access this Web Site.
FPL and its affiliates do not represent that any of the Materials on this Web Site are appropriate for use or permitted by local laws in all jurisdictions. Those who access this Web Site do so by their own initiative and are responsible for compliance with applicable laws and regulations; legal advice should be sought in cases of doubt.
The terms and conditions are governed by and shall be construed in accordance with the laws of England and Wales.
Revision of terms
The terms and conditions may be amended by FPL at any time. Your continued use of this website constitutes acceptance of the revised terms.
Questions or suggestions
If you have any questions or concerns about the terms and conditions of the use of our Web Site, please e-mail us at .
Prohibited activities include, but are not limited to, using this Web Site or any part of it including the discussion forums or authorising or enabling any other person to do any of the following:
(i) for any unlawful or illegal purpose or any purpose which may be illegal under the law of any jurisdiction. This includes, but is not limited to, uploading, publishing, posting, storing, distributing, transmitting or disseminating information, data or material which is libellous, obscene, unlawful, threatening, defamatory, or which infringes or is likely to infringe the intellectual property rights of any person, or which in any way constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any national, local, state, federal or international law, order or regulation;
(ii) to post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
(iii) to access any other person's computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account;
(iv) to impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
(v) to use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analysers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs or to interfere with the ability of any other person, including by posting or transmitting any information or software which contains a worm, virus, or other harmful feature;
(vi) to generate levels of traffic sufficient to impede others' ability to send or retrieve information, or to transmit unsolicited bulk or commercial messages otherwise known as "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, multiple copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, discussion forum, or chat service;
(vii) to distribute programs that remove locks or time-outs built into software (cracks);
(viii) to tag content on this Web Site, participate in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering, web crawling, or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
(ix) to alter, modify, or tamper or attempt to do any of the aforesaid in relation to FPL's servers or other equipment on which the Web Site is hosted or operated or to interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seising and abuse of operator privileges and attempts to "crash" a host; and
(x) to engage in any acts or behaviour which may reasonably be construed as unprofessional or contrary to the rules of any relevant supervisory or regulatory authority collect, or attempt to collect, personal information about third parties without their consent;
b Inappropriate Content and Transmissions
FPL and its affiliates may refuse to transmit or post and to remove, disable or block any information or materials that it, in its sole discretion, deems to be in breach of these terms, regardless of whether this material or its dissemination is unlawful.
c No obligation to monitor content
Neither FPL nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, and discussion forum content) made on this Web Site. However, FPL and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for breaches of these terms and to disclose, block, or remove them in accordance with these terms.
d Discussion forums