These Additional Service Terms Applicable to the Provision of Bloomberg® Data via the Service (“Bloomberg® Additional Terms”) apply only in the event the provision of Bloomberg® Data via the Service is included in Customer’s Subscription per the applicable Order Form. For purposes of Customer’s Subscription for the provision of Bloomberg® Data via the Service, these Bloomberg® Additional Terms supplement the Master Terms and form a part of the Agreement between Customer and Dynamo. Terms not otherwise defined herein shall have the meaning ascribed to them in the Master Terms and the applicable Order Form.
1. Dynamo’s ability to provide the service Dynamo DIF – Bloomberg® Data Feed (“Dynamo DIF Service”) may be affected by the rights of Bloomberg Finance L.P. (“Bloomberg”) under the Bloomberg Third-Party Processing/Hosting Agreement executed between Bloomberg and Dynamo Software, Inc., dated 4 August 2022 (“Bloomberg-Dynamo Agreement”), such as Bloomberg’s termination and suspension rights or Bloomberg’s right to request modifications in the specifications concerning the agreed Dynamo DIF Service or in the Bloomberg-Dynamo Agreement.
2. Customer acknowledges that Dynamo (or its affiliates) may be obliged to assist Bloomberg in investigating any potential breach by Customer of Customer’s Datalicense Agreement with Bloomberg and Customer agrees to cooperate with Dynamo in Dynamo’s reasonable efforts to comply with that obligation.
3. DYNAMO SHALL (A) HAVE NO RESPONSIBILITY OR LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INJURY OR DAMAGES, WHETHER CAUSED BY (I) THE NEGLIGENCE OF BLOOMBERG, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, EQUIPMENT VENDORS OR OTHERWISE, ARISING IN CONNECTION WITH BLOOMBERG DATA, THE AGREED DYNAMO DIF SERVICE, OR RESULTANT DATA, OR (II) RELATED ERRORS, INACCURACIES, OMISSIONS OR ANY OTHER FAILURE IN, OR DELAYS OR INTERRUPTIONS OF THE DYNAMO DIF SERVICE, AND (B) NOT BE LIABLE FOR ANY LOST PROFITS, LOSSES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY CLAIM AGAINST CUSTOMER BY ANY PARTY. DYNAMO SHALL NOT BE RESPONSIBLE TO CUSTOMER OR ANY PERSON FOR ANY LIABILITY, CLAIM, LOSS OR DAMAGE ARISING OUT OF, OR IN CONNECTION WITH, ANY ACT OR OMISSION, MISREPRESENTATION OR FRAUDULENT ACTION BY BLOOMBERG, CUSTOMER, OR THEIR RESPECTIVE EMPLOYEES OR AGENTS. DYNAMO DOES NOT GUARANTEE THE CORRECTNESS OR COMPLETENESS OF ANY DATA OR OTHER INFORMATION FURNISHED IN CONNECTION WITH THE DYNAMO DIF SERVICE.
4. Customer shall indemnify Dynamo and hold Dynamo harmless and at Customer’s expense defend Dynamo against any loss, claim, demand or expense (including reasonable attorneys’ fees) arising in connection with (i) Customer’s use of Bloomberg data or the Dynamo DIF Service by Customer or its affiliates, contractors or agents, (ii) Dynamo’s provision of the Dynamo DIF Service in accordance with the Order Form, Dynamo’s performance of obligations to Bloomberg or Bloomberg’s exercise of rights under the Bloomberg-Dynamo Agreement in relation to Customer or the Dynamo DIF Service provided to Customer, or (iii) a breach of Customer’s Datalicense Agreement with Bloomberg.
5. Except to the extent set forth above, all existing arrangements between Dynamo and Customer remain in full force and effect.