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Telezio LLP Mobile End-User License Agreement V1.0

Telezio LLP, or our affiliates ("Telezio", "we", "our" or "us"), may make available to you software, application or services that allow you to access and use your Telezio LLP account via a mobile device (such as a mobile phone, tablet, smartphone or other similar device) ("Mobile Device"). This software, application or service is called EyeOnMyStocks.

Please read this end-user license agreement ("Agreement") carefully before clicking the "Accept" button or downloading, installing, accessing or using EyeOnMyStocks accompanying this Agreement. By clicking the "Accept" button or downloading, installing, accessing or using EyeOnMyStocks, you are entering into and agreeing to be bound by the terms of this Agreement and the terms and conditions of Telezio LLP’s Privacy Statement available on Telezio LLP’s website, as amended from time to time. You understand that your brokerage account, and therefore the use of EyeOnMyStocks in relation to the brokerage account, is governed by the Telezio LLP Privacy Statement, as amended from time to time, together with the additional terms detailed in this Agreement.

LICENSE GRANT

Telezio LLP grants you a limited, non-exclusive, non-transferable, revocable, personal license to install and use EyeOnMyStocks on your Mobile Device. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on EyeOnMyStocks, or remove any proprietary notices or labels on EyeOnMyStocks. Title, ownership rights and intellectual property rights in and to EyeOnMyStocksshall remain with Telezio LLP. You are solely responsible for all data electronically transmitted or the use of any data, information or services obtained through the use of EyeOnMyStocks. You are solely responsible for following the rules of the website to which EyeOnMyStockscan connect and Telezio LLP assumes no liability for damages that may result from your use or misuse of those sites.

This Agreement constitutes a license and a license only. You agree that you have not purchased a copy of EyeOnMyStocks, but rather are paying for a license to use EyeOnMyStocks and your adherence to all license terms shall be considered conditions precedent to your ability to continue to use and license EyeOnMyStocks. All copyright rights and other intellectual property rights are owned and remain solely owned and held by Telezio LLP and you agree that you will not sell, transfer, copy, distribute, make derivative works of, sublicense, or otherwise use EyeOnMyStocks outside the scope of this license without the express written authorization of Telezio LLP.

INTELLECTUAL PROPERTY NOTICE

EyeOnMyStocks is owned by Telezio LLP or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to EyeOnMyStocksare reserved by Telezio LLP and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the "Intellectual Property") are proprietary to Telezio LLP, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but limited to, copyright and trademark notices, from EyeOnMyStocks or alter, obscure or modify such notices in any way. Except as expressly and unambiguously provided herein, Telezio LLP does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to EyeOnMyStocks or any other Intellectual Property.

PRIVACY AND SECURITY

Use of EyeOnMyStocks involves the electronic transmission of data and information to and from your Mobile Device across wireless and other networks. You acknowledge and agree that Telezio LLP does not operate or control the wireless and other networks used to access your account, and Telezio LLP is not responsible or liable for the privacy and security of your wireless data and information transmissions. You agree that it is your sole responsibility to confirm the privacy and security practices of the networks you use and to only use a reputable wireless service provider or a secure (not open) WiFi access point which is operated by a person or entity you have reason to trust.

You agree that Telezio LLP’s Privacy Statement, which is available on Telezio LLP’s website, shall apply to this Agreement and your use of EyeOnMyStocks. EyeOnMyStocks will collect unique device identifiers and may employ other technologies and practices to provide functionality for EyeOnMyStocks.

You acknowledge and agree that it is your responsibility to maintain the security of your Mobile Device from unauthorized access. You further agree that in the event of any unauthorized access, or attempt to access your Mobile Device or your account, you shall immediately notify Telezio LLP of any such access or attempt and cooperate with any investigation by Telezio LLP into such access or attempt.

By installing EyeOnMyStocks on your Mobile Device, you are consenting to the transmission of data related to your use of EyeOnMyStocks to servers in the United States or other territories as applicable.

INFORMATION

You understand that the information available through EyeOnMyStocks, including through other links within EyeOnMyStocks ("Information"), has been produced by independent providers unaffiliated with Telezio LLP, various securities markets, such as stock exchanges and their affiliates, and by other outside sources. The Information is believed to be reliable. However, the timeliness, sequence, accuracy, adequacy, or completeness of the Information is not guaranteed. Any opinions or recommendations expressed are solely those of the independent providers and are not the opinions or recommendations of Telezio LLP or its affiliates. You agree that you will not attempt to hold Telezio LLP liable for any Information provided through EyeOnMyStocks.

DISCLAIMER OF WARRANTIES

TELEZIO LLP HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF EYEONMYSTOCKS. EYEONMYSTOCKS IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH YOU. PORTIONS OF EYEONMYSTOCKS ARE SUBJECT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.

LIMITATION OF LIABILITY

IN NO EVENT WILL TELEZIO LLP, ITS AFFILIATES, OR ANY THIRD PARTY, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF EYEONMYSTOCKS, EVEN IF TELEZIO LLP, OR ANY THIRD PARTY, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER TELEZIO LLP, ITS AFFILIATES, NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES AND STRIKES OR OTHER LABOR PROBLEMS. IN ANY CASE, THE ENTIRE LIABILITY OF TELEZIO LLP AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS, FOR ANY DAMAGES FOR WHATEVER REASON AND UNDER WHATEVER THEORY OF LIABILITY, SHALL BE LIMITED TO TEN DOLLARS ($10.00).

ADDITIONAL TERMS
  1. You agree that Telezio LLP has the right to terminate or suspend the EyeOnMyStocks service at any time and at Telezio LLP’s sole discretion with or without notice.
  2. It is your responsibility to ensure that EyeOnMyStocks is compatible with your Mobile Device and related software. Telezio LLP will provide you with updates and modifications to its EyeOnMyStocks service as and when these become available. It is your responsibility to install these updates and modifications and Telezio LLP will operate on the basis and assume that you have done so. You agree that you will not attempt to hold Telezio LLP liable for any damages you incur as a result of any incompatibility issues between EyeOnYourStocks and your Mobile Device.
  3. You acknowledge and agree that Telezio LLP is entitled to assume that any instruction transmitted via a Mobile Device using your account details has been transmitted by you or by a person duly authorized by you and is at your risk. Therefore, Telezio LLP has the absolute authority to effect any instruction made via a Mobile Device, where the requisite account and password information in relation to your account has been provided. You must immediately inform us if you are aware or suspect that a third party has had access to your username, account number or password or if you suspect that any person other than you or any duly authorized third party is dealing on your account.
  4. If, as a result of the error or failure of the EyeOnMyStocks service that is out of our control, our internal records are at variance with your mobile records or own recollection, the version of events supported by our records will prevail and any obligations on either party shall be assessed on the basis that our internal records are correct.
  5. We do not accept any liability for damage to your mobile device or for any loss of functionality that results from your use of EyeOnMyStocks and you agree that you will not attempt to hold Telezio LLP liable for any such damage or loss of functionality.
  6. Although Telezio LLP will not charge you additional fees for using EyeOnMyStocks, you may be charged by your Mobile Device carrier for data network usage. Because the EyeOnMyStocks application provides access to real-time streaming quotes, you understand that Telezio LLP recommends that you obtain an unlimited data plan from your Mobile Device provider.
RISKS ASSOCIATED WITH MOBILE TRADING

Due to the nature of mobile technology you should be aware of the following risks related to EyeOnMyStocks and mobile phone trading:

  1. The EyeOnMyStocks services may not allow the same functionality, access to information and services which are available when not using a Mobile Device.
  2. Due to the nature of Mobile Devices, we do not warrant that the operation of our EyeOnMyStocks services will be uninterrupted or entirely error-free. For example, due to service connectivity or internet connection difficulties endemic with mobile applications the service may, from time to time, be subject to error or failure, with results that include, but are not limited to, the following:
    • the services delivering inaccurate information including price and/or quote information;
    • a failure of your Mobile Device to receive any messages from us;

You agree that you will not attempt to hold Telezio LLP liable for any damages related to any of the above issues or any other related issues.

MISCELLANEOUS

This Agreement represents the entire agreement between the parties regarding its subject matter and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral. Telezio LLP may amend this Agreement from time to time. The revisions will take effect on the date of publication of the amended Agreement.