Common use of License of Data; Warranty; Termination of Rights Clause in Contracts

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and Sponsor. The Trust and Sponsor have a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge the proprietary rights that Fund Services and its suppliers have in the Data.

Appears in 5 contracts

Samples: Fund Accounting Servicing Agreement (ConvexityShares Trust), Fund Accounting Servicing Agreement (Direxion Shares ETF Trust II), Fund Accounting Servicing Agreement (ETF Managers Group Commodity Trust I)

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License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor by Fund Services USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and Sponsor. The Trust and Sponsor have a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge the proprietary rights that Fund Services USBFS and its suppliers have in the Data.

Appears in 3 contracts

Samples: Fund Accounting Servicing Agreement (Valkyrie Bitcoin Fund), Fund Accounting Servicing Agreement (Valkyrie Bitcoin Fund), Fund Accounting Servicing Agreement (Tidal Commodities Trust I)

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License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust and Sponsor on behalf of its Funds by Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust and SponsorTrust. The Trust and Sponsor have has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust and Sponsor do does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s and Sponsor’s right to use the Data cannot be passed to or shared with any other entity. The Trust and Sponsor acknowledge acknowledges the proprietary rights that Fund Services and its suppliers have in the Data.

Appears in 1 contract

Samples: Power Funds Trust (Mairs & Power Funds Trust)

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