Fidelity License Agreement

This License Agreement is your proof of license.

This is a legal agreement between you (either an individual or an entity), the end user, and Fidelity Brokerage Services LLC ("Fidelity") regarding your use of certain account access and trading software products ("SOFTWARE"), such as Fidelity On-line Xpress+(TM), or on-line account access and trading services ("APPLICATION"). If you do not agree to the terms of this Agreement, promptly disengage your use of the APPLICATION or return the disk package of the SOFTWARE and accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.

Fidelity Application License

This Fidelity License Agreement("License") permits you to use one copy of the specified version of SOFTWARE or access the APPLICATION/SOFTWARE from each computer in your household, and a single computer at your workplace, in the United States. This License is subject to your compliance with the terms of this agreement and the Fidelity security procedures established for Application users. This Fidelity License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent, lease or transfer yours rights to access the APPLICATION.

If you have multiple Licensees for the SOFTWARE, then at any time you may have as many copies of the SOFTWARE in use as you have Licenses. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to their computers is not "in use". If the anticipated number of users of the SOFTWARE will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to assure that the number of persons using the SOFTWARE does not exceed the number of Licenses.

The APPLICATION/SOFTWARE is owned by Fidelity or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the APPLICATION/SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) copy or download APPLICATION information or make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the APPLICATION/SOFTWARE information to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE or distribute the APPLICATION's on-line contents in anyway, without explicit written notice from Fidelity.

Fidelity makes no warranties regarding the APPLICATION or SOFTWARE.

Fidelity and its suppliers disclaim all warranties, either express or implied, including but not limited to implied warranties of merchantability, accuracy, and fitness for a particular purpose, with respect to the APPLICATION/SOFTWARE and the accompanying online materials.

The entire risk as to results of use of the APPLICATION/SOFTWARE is assumed by you. In no event shall Fidelity or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, consequential, cover, loss of goodwill, work stoppage, computer failure or malfunction, indirect or special damages, or other pecuniary loss) arising out of the use of or inability to access this Fidelity product, even if Fidelity has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of warranties or of liability for consequential or incidental damages, the above limitation may not apply to you.

This Fidelity License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the SOFTWARE, but you may transfer your rights under this Fidelity License Agreement for use of the SOFTWARE on a permanent basis provided you transfer this License Agreement, the SOFTWARE, and all accompanying written materials and retain no copies, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble or create derivative works from the SOFTWARE or APPLICATION. Any transfer of the SOFTWARE must include the most recent update and all prior versions.

The APPLICATION/ SOFTWARE and online documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software -Restricted Rights at 48CFR 52.227-19, as applicable. Manufacturer is Fidelity Brokerage Services LLC

The APPLICATION/SOFTWARE and any underlying technology may not be accessed or exported outside the United States or to any foreign entity or "Foreign Person" as defined by the U.S. government regulations, including without limitation, anyone who is not a citizen , national or lawful permanent resident of the United States. By downloading data or using the APPLICATION/SOFTWARE, you are agreeing to the foregoing and you are warranting that you are not a "Foreign Person" or under the control of a "Foreign Person".

In connection with your use of Software that contains Reuters Services or Reuters Content, you acknowledge that: (i.e.) you will not make copies of Reuters Services or Content except for purposes of downloading and/or printing for your own personal use, (ii) you will not distribute, disseminate or republish all or part of any of the Content of Reuters Services in any hardcopy or electronic form, including print, on-line services, CD-ROMs and facsimiles, (iii) you will destroy and/or erase all Content in your possession or control regardless of the medium in which it is stored upon termination of your subscription, (iv) Reuters does not warrant the accuracy, completeness, currentness, merchantability or fitness for a particular purpose of the Reuters Services or the Content, (v) Reuters owns all rights (including copyright), title and interest in the Reuters Services and the Content or is sublicensing content from a third party provider (vi) that you will not alter or modify the Reuters Services or Content, (vii) that you will not store the Reuters Services or Content on any electronic media for a period of more than seven days, and (viii) that Reuters is a third party beneficiary of, and is relying upon, the foregoing provisions.

8. TERM.
This license is effective until terminated. You may terminate it by notifying Fidelity in writing that you no longer wish to access the APPLICATION, or destroying the SOFTWARE and documentation and all copies thereof . The license will also terminate if you fail to comply with any condition of this Agreement, and you agree upon such termination to halt access of the APPLICATION and online documentation or to destroy all copies of the SOFTWARE and documentation.

This Agreement is governed by the laws of the Commonwealth of Massachusetts (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

Fidelity Investments may provide users the opportunity to download Fidelity retail brokerage and mutual fund account information, via electronic transmission, to a personal computer and display the information within a third party software product or on-line service. The Fidelity account download is not a substitute for your Fidelity periodic account statements.

Fidelity makes no warranties regarding, and will not be responsible for, the operation of the third party software or service, or how such data will be calculated, manipulated or displayed. Data which has been transmitted by Fidelity and received by the third party product or service becomes the sole responsibility of the user. By agreeing to this license, you are agreeing to allow your Fidelity account information to be transmitted to the third party product or service that you select to utilize through the electronic transmission process.


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