Terms of Use

For the purposes of these Terms of Use:

Eurex means Eurex Frankfurt AG and any other entity that directly, or indirectly through one or more intermediaries, controls or is controlled by Eurex Frankfurt AG or is under common control with Eurex Frankfurt AG;

Items means software, data, information or any other work that is protected under intellectual property legislation which is made available to You by Eurex under these Terms of Use;

Use shall comprise using, copying, modifying , transferring and making available;

You means you as a natural person or, if you are acting for a legal entity, You means the legal entity you are acting for when using the Items.

You may Use the Items only upon your consent to the following terms and conditions.

The Items are made available to You and may be Used by You free from any charge on an as-is basis and without any warranty or representation of any kind, whether express or implied or statutory, arising by law, custom, prior oral or written statement of Eurex or any of its representatives, including but not limited to warranties and representations regarding satisfactory quality, accuracy, uninterrupted use, timeliness, merchantability or fitness for any particular purpose.

You may only Use the Items for the purpose of interfacing with IT-Systems of Eurex. If you convey the items or derivative works based thereon, you may only do so upon fully indemnifying Eurex against any claims of third parties related to such conveyance or the Use of such conveyed Items or derivative works by such third parties.

Eurex shall only be liable for Eurexs wilful misconduct, gross negligence and its breach of the German Product Liability Act (Produkthaftungsgesetz). If You Use the Items for commercial purposes or if You are an enterprise, You agree that Eurexs liability for gross negligence shall be restricted to the typical damages.  All other liability is expressly disclaimed and Eurex shall not be liable for Your Use of derivative works of the Items.

Your use of the Items and these Terms of Use shall be governed and construed in accordance with the laws of the Federal Republic of Germany to the exclusion of its conflict of laws principles. The United Nations Convention on the International Sale of Goods shall not be applicable. Subject to compulsory law, the courts of Frankfurt am Main, Federal Republic of Germany, shall have the sole jurisdiction over this agreement.
