Macrobond Amplify End User License Agreement (EULA)

1. Acceptance of Terms

By accessing or viewing Published Customer Output (including any references to underlying time series data) created by a Customer of Macrobond Financial AB (and its affiliates) (“Macrobond”) and made available to you via Amplify, you agree, that you are an End User and shall  be bound by the terms of this End User License Agreement (“EULA”). If you do not agree to this EULA, you must not access Amplify or view any content.

End User acknowledges that End User’s access to Amplify is provided by Macrobond and any content within it is provided by either the Customer under the Customer’s agreement with Macrobond or Macrobond (as applicable). End User is not a direct customer of Macrobond, therefore End User’s rights are strictly limited to those granted in this EULA and access may be suspended or terminated if the Customer’s rights expire or are revoked, or if End User violates the terms of this EULA.

2. License Grant and Ownership

2.1 License Grant. Subject to the terms and conditions of this EULA, Macrobond grants End User a limited, non-exclusive, non-transferable, revocable license to access and view the Published Customer Output and/or Macrobond Resources within Amplify, solely for End User’s own personal and/or internal business use, and End User grants Macrobond the rights to share the Consumption Metrics with Customer(s). No other use of the Published Customer Output is permitted.

2.2 Ownership of Amplify, Data and Macrobond Resources. Macrobond retains all rights, title and interest in and to Amplify (including the software, technology, content, source code, any modifications, improvements, enhancements and/or derivatives) and the Macrobond Resources including all intellectual property rights therein. Macrobond and the Data Providers (as applicable) retain all rights, title and interest in and to the Data and MBDocs, including all intellectual property rights therein. This EULA does not grant End User any rights in Amplify, the Data MBDocs, Published Customer Output, or the Macrobond Resources.

2.3 Ownership of Published Customer Output: Customer retains all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer owns Published Customer Output subject to any underlying rights of Macrobond and its Data Providers in the Data or tools used to generate and provide access to the Published Customer Output. End User does not own the Published Customer Output. All proprietary notices, credits, and attribution (for example, source identifiers like “Source:

Macrobond” or a Data Provider’s name) included on or with any Published Customer Output must be preserved and not removed or obscured.

3. End User Use Restrictions

3.1 End User shall not, shall not attempt to, and shall not permit any third party to:
(a) Download, save, copy, screenshot, photograph, print, export, or create derivative works from any Published Customer Output, Macrobond Resources or any Data, except to the limited extent that Amplify’s interface expressly enables such functionality (for example, a download or export button) as authorized in Amplify;
(b) Extract or obtain any underlying Data, Derived Data and/or any time series from the Published Customer Output, Macrobond Resources and/or Amplify;
(c) Sell, resell, lease, sublicense, distribute, publish, post, or otherwise make available to any third party any, Data, Derived Data, MBDocs or other content from Amplify,
(d) Sell, resell, lease, sublicense, distribute, publish or otherwise make available to any third party the Published Customer Output or Macrobond Resources;
(e) Modify or create derivative works based on any part of Amplify or its content, or use Amplify, Published Customer Output or Macrobond Resources for any commercial purpose that is not expressly permitted by the owner of a Published Customer Output or Macrobond Resource
(f) Use Amplify or any content for service bureau purposes, to provide analytics or advice as a service to others, or in any way exploit the content for profit unless expressly permitted by the owner of a Published Customer Output or Macrobond Resource;
(g) Reverse engineer, decompile, decrypt, or disassemble Amplify (including any software, code, or data transmissions), or attempt to derive the source code or underlying ideas or algorithms of Amplify, Published Customer Output or Macrobond Resources;
(h) Interfere with, disrupt, or compromise the integrity, security, or performance of Amplify;
(i) Use any robot, scraper, spider, script, or other automated means to access Amplify or to monitor, collect or copy any content from Amplify;
(j) Use Amplify, Macrobond Resources or any Published Customer Output in any manner that, violates applicable laws or regulations infringes or misappropriates the rights of any person or entity; or remove, obscure, alter any copyright, trademark, confidentiality, or other legal notices (including attribution notices) that are displayed on Amplify or within any Published Customer Output; and
(k) Use any Data, Derived Data, MBDoc’s, Macrobond Resources or any content in or from Amplify or Published Customer Output, to create or operate a product or service that competes with Macrobond, or use Amplify for benchmarking or competitive analysis in a manner that would harm Macrobond.

4. Warranties and Disclaimer

4.1.  End User warrants that End User shall:
(a) not rely on any Macrobond Resources as the basis for making any investment, trading, business, legal, or other decisions;
(b) any decisions or actions End User takes based on information in the Published Customer Output and/or Macrobond Resources are taken at End Users own risk; and
(c) maintain all attribution and obtain any necessary permission as noted in Section 2.3 in Published Customer Output used in any presentations, reports, or materials (even if non-commercial).

4.2 Amplify and Macrobond Resources are  provided hereunder “as is” without warranty of any kind, and neither Macrobond, nor any of its affiliates or Data Providers (collectively, the “Macrobond Parties”) represent or warrant that Amplify, the Macrobond Resources and/or Published Customer Output; (i) will meet End User’s requirements or suitability, (ii) will be error-free or uninterrupted or that all errors will be corrected; (iii) will run on the End User’s systems; or (iv) does not infringe any third party intellectual property rights. Accordingly, to the maximum extent permitted by law, the Macrobond Parties hereby disclaim all conditions and warranties, either expressed or implied, including, but not limited to the implied conditions and warranties of merchantability, satisfactory quality, fitness for a particular purpose, originality, accuracy, completeness, timeliness, quiet enjoyment, availability, non-infringement, title, and any conditions and warranties arising out of course of dealing, usage or trade.

5. Personal Data and Usage Data

5.1 By accepting this EULA, End User consents to Macrobond sharing (a) Consumption Metrics with its Customer(s) and (b) End User’s personal data with Macrobond affiliated companies and Customer(s) to the extent necessary to provide, operate, enhance and support Amplify and/or related Macrobond services. With respect to any End User personal Data obtained by Macrobond as a controller, Macrobond shall comply with the Macrobond Privacy Policy. End User acknowledges that where such consent is not provided, functionalities available to End User within Amplify may be limited and/or restricted.

5.2 Macrobond may collect certain usage data about End User’s use of Amplify and use and share this data with third parties for analytics, research, service improvement and reporting.

6. Limitation of Liability

6.1 To the maximum extent permitted by law, in no event will the Macrobond Parties be liable to the End User or to any third party for any indirect, special, incidental, consequential or exemplary damages, or damages for loss of profits, loss of data, loss of goodwill, business interruption, work stoppage, computer failure, End User’s inability to use Amplify or view Published Customer Output, or any and all other commercial damages arising out of or related to this EULA. The Macrobond Parties aggregate liability to the End User for all losses, claims and damages under this EULA shall not exceed (a) USD100 (one hundred dollars); or (b) the total amount (if any) End User paid to Macrobond (directly) for the specific access to Amplify. All limitations and exclusions of liability in this EULA will apply even if the above stated remedies fail of their essential purpose and regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether the Macrobond Parties have been advised of the possibility of the claim or loss.

7. Indemnification

7.1 End User shall indemnify and defend the Macrobond Parties from and against any claims, proceedings, liabilities, costs, or damages arising out of or in connection with (a) End User’s use or misuse of Amplify, Macrobond Resources or Published Customer Output in violation of this EULA; (b) End User’s breach of any provisions of this EULA or any violation of applicable law or third-party rights (including any intellectual property rights) and (c) any decisions or advice arising out of the use of the Published Customer Output and/or Macrobond Resources. Macrobond will: (i) promptly notify End User of the relevant claim; (ii) give End User all necessary information regarding the claim and reasonably cooperate with End User; (iii) have control of the defence and all related settlement negotiations; and (iv) not admit fault or liability on behalf of End User.

8. Termination

8.1 Termination Rights. Macrobond or the Customer may terminate or suspend End User’s access, with or without notice, for any reason, including (without limitation) if: (a) End User breaches any of the terms or restrictions of this EULA; (b) Customer requests termination or no longer authorizes the End User to have access; (c)  Customer’s own subscription with Macrobond expires, is suspended, or terminates for any reason; or (d) Macrobond decides, in its sole discretion to discontinue Amplify or End User’s access to it.

8.2 Effect of Termination. Upon any termination or expiration of End User’s access for any reason:
(a) all license rights granted to End User under this EULA and access Amplify or view and use any Published Customer Output will immediately be terminated;
(b) Macrobond and/or the Customer (as applicable) shall immediately deactivate or delete any account or login credentials and bar any further access to Amplify; and
(c) Macrobond and Customer shall have no obligation to retain any personalized settings, data or content that has not been saved (in compliance with this EULA).

8.3The following will survive termination or expiration of this Agreement: Section 2.2 and 2.3, 3, 4, 6, 7, 8 and 9, and any other clauses which by their nature should survive will continue in full force.

8.4 End User acknowledges that a breach of its obligations to Macrobond under this EULA, may result in irreparable and continuing damage for which monetary damages may not be sufficient and agrees that Macrobond will be entitled to seek in addition to its other rights and remedies hereunder or at law, injunctive and/or other equitable relief.  All remedies of Macrobond set forth in this Agreement are cumulative and in addition to, and not in lieu of, any other remedy Macrobond has at law or in equity.

9. General Provisions

9.1 Support. Macrobond will provide End User support on a best effort basis using the support features provided in Amplify.

9.2 Modifications to Terms. Macrobond may revise or update this EULA from time to time. If we make material changes, we will notify you by posting the updated terms on Amplify (or by other reasonable means). By continuing to access Amplify or any Published Customer Outputs after an update becomes effective, End User agrees to be bound by the updated EULA.

9.3 Compliance with Law and Export Controls. End User will comply with all applicable laws, statutes, regulations, including anti-bribery and anti-corruption (including, but not limited to, the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act). End User agrees that it will comply with all applicable export controls and trade sanction laws, regulations, rules and licenses including those of the US, EU, and UK (“Export Control and Sanctions Rules”) and that End User shall not do anything that would cause Macrobond to be in breach of any applicable Export Control and Sanctions Rules, and represents and warrants that it is not directly or indirectly subject to any sanctions or restrictive measures imposed under any applicable Export Controls and Sanctions Rules and agrees that it shall immediately notify Macrobond if it becomes subject to any such sanctions or restrictive measures.

9.4 Governing Law. This EULA is governed by and construed in accordance with English law, without regard to its conflict of law principles. Any legal action, proceeding, claim, dispute, or controversy arising under this Agreement will be brought exclusively in the Courts of England and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

9.5 Entire Agreement. This EULA, together with the documents and policies incorporated by reference constitutes the entire agreement between End User and Macrobond regarding End User’s access to Amplify, and supersedes all prior or contemporaneous communications, understandings, or agreements (whether oral or written) relating to the subject matter. For the avoidance of doubt, this EULA does not override any separate agreement between Macrobond and the Customer.

9.6 Severability. If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the EULA will remain in full force and effect. The parties will negotiate in good faith a valid and enforceable provision that most closely matches the intent of the original provision.

9.7 No Waiver. No failure or delay by Macrobond in exercising any right, power, or remedy under this EULA shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy by Macrobond preclude any other or further exercise of that or any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of Macrobond.

9.8 Assignment. End User may not assign or transfer any rights or obligations under this EULA to any other person without Macrobond’s prior written consent. Macrobond may assign, transfer or delegate its rights and obligations under this EULA (in whole or part) without notice to End User.

9.11 Notices. All notices or other communication provided by Macrobond to End User under or in connection with the Agreement may be provided by posting a notice on the Macrobond website, or by mail or email to the relevant address, if available.  Any notice or communication provided by End User be provided to Macrobond by certified mail, return receipt requested, to Macrobond Financial AB, Attn Legal Department, Dockplatsen 1, 211 19 Malmö, Sweden, or by email to: notices@macrobond.com.

10. Definitions

Amplify: means the Macrobond Amplify product and related websites or services that host or deliver Published Customer Output to End User.
Consumption Metrics: means data collected by Macrobond on End User’s usage of Published Customer Output.
Customer: means a customer of Macrobond who is licensed to use Amplify to create, publish and share Published Customer Output with an End User.
Customer Data: means any data, content and information that Customer owns, licenses, or develops without use of the Product(s) or the Data.
Macrobond Resources means resource material created by Macrobond and made available to Customer.
Data: means any data or information made available through Amplify or used in Published Customer Output and includes Macrobond data, and/or third-party data licensed to Macrobond from external data providers and/or licensors (“Data Providers”).
Derived Data: content created by Customer from the Data through manipulation, modification, supplementation, enhancement or combination, to the extent such content is altered from the Data in a way that it cannot be used as a replacement or substitute for the Data, does not bear a resemblance to the Data, cannot be identified as originating from the Data and cannot be reversed engineered, disassembled or decompiled to create the Data from which it was produced, and which is not Published Customer Output.
End User: means you as the individual who has been authorized by Macrobond and/or a Customer to access and view Published Customer Output and/or Macrobond Resources within Amplify.
Published Customer Output means any human-readable visualization or content including interactive, charts, graphs, dashboards, chartbooks, reports, documents and accompanying analysis or commentary created by Customer using Macrobond’s products or the Data, and that has been finalized and published by Customer within Amplify for End User to access and view, subject to the access and capabilities rights determined by Customer. Published Customer Output does not include the underlying machine-readable Data, Derived Data, or MBDocs used to produce such visualizations or content.
MBDocs: means Macrobond’s proprietary structured document format that encodes methodology, calculations, chart definitions, metadata, and associated structures applied to underlying data series.