Theta Subscription Agreement
Use of the Theta Research, LLC (“Theta”) Subscriber Website and its tools, is limited
exclusively to individuals and firms who have an active subscription with Theta (“Subscriber” or
“You”). Login and password information may not be shared or distributed to other firms or
individuals. You agree to hold confidential the login and password information provided to you
by Theta as well as any passwords you assign to your own Theta subscription account(s).
Charts, graphs, statistics and other content and materials presented by Theta on its Subscriber
Website or on any other materials is copyrighted by Theta and may not be reproduced, copied,
duplicated or distributed without the express prior written permission of Theta.
Reports generated on the Theta Subscriber Website for download by the Subscriber are for use
only by the Subscriber and are not to be published for general distribution without the express
prior written permission of Theta. Theta makes no warranty or representation as to whether any
of its reports and printable material meet any compliance and regulatory requirements for any
manager or firm. The Subscriber is responsible for any related compliance or regulatory
requirements.
Data and statistics and reports contained on the Subscriber Website are prepared from data
believed to be reliable, but no representation is made as to the accuracy or completeness of any
of this data.
Subscriber agrees that the terms of this agreement apply to all members of the Subscriber’s firm,
if applicable.
DATA LICENSE AGREEMENT
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Theta collects, processes and disburses information about investment managers,
investment accounts and investment strategies (“the Data”).
Theta is not a Registered Investment Advisor with any state or federal governing
authority. Under no circumstance is the provision by Theta of the Data to be construed
as any type of investment advice. Theta is strictly a publisher of financial data.
Theta makes no recommendations regarding investment managers, programs, strategies
or accounts with regard to their validity, ability, skill or appropriateness for use in
managing investment monies. Provision of the Data is not to be construed in any way as
a recommendation regarding the manager(s) or program(s) represented by the data.
You understand that conclusions drawn from your use of the Data provided by Theta are
yours alone and are not to be construed as implied recommendation or advice by Theta.
DATA
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The Data are protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties.
The Data are licensed for use and not sold.
GRANT OF LICENSE
This License Agreement grants you the following rights:
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You may use the Data for your own (or your company’s or institution’s) research.
You may make as many copies of the Data for your own use (or for use within your
company or institution, if applicable) as you require.
All persons within your company or institution or other legal entity, if applicable, are
subject to the terms of this license agreement.
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DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
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Under no circumstances may copies of the Data be distributed to any person or entity
other than yourself or those within your company, if applicable.
The Data are not to be published, printed, presented or otherwise made public or
available to anyone other than yourself or those within your company, if applicable,
without prior express written permission from Theta.
Charts and graphs, or photographs or other representation of same or other such
pictorial representations of the Data as may be developed by you, may not be
published, made public or distributed except as they are fundamentally necessary to
the accurate presentation of your research results and only then if full credit is made
to Theta as the provider and copyright holder of the Data and a copy of those portions
of the final published material, wherein the Data are included, is made available, upon
request, to Theta.
You are free to publish results of your research in any form with use of the Data in
such published material limited to the conditions set forth in the above paragraph.
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COPYRIGHTS AND PROPERTY RIGHTS
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All title and intellectual property rights in and to the Data (including but not limited
to any images, charts, graphs, photographs or scans of the same, animations using,
and text files containing same) and any copies of the Data are owned by Theta. All
rights not expressly granted are reserved by Theta.
All title and intellectual property rights in and to the research results and conclusions
obtained through use of the Data are the property of you, the researcher and your
research entity, if applicable.
WARRANTY
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Due to the nature of its data collection procedures and reliance on third party
provision of transactional data, pricing data and reconciliation data, Theta makes no
warranty as to the accuracy of the Data licensed by you.
Under no circumstances should the Data be used as the sole basis for making
decisions with regard to managers or strategies or their appropriateness for use in
managing investment monies.
Non-professional persons using the Data for research should consult with a
professional such as a Registered Investment Advisor, Certified Financial Planner,
Chartered Financial Analyst or other qualified investment professional who is
skilled at understanding statistics, portfolio construction and the use of historical
data in the development of investment strategies.
LIMITATION OF LIABILITY
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To the maximum extent permitted by applicable law, in no event shall Theta, its
related companies, or its employees be liable for any special, incidental, indirect,
consequential damages whatsoever (including without limitation, damages for loss
of business profits, business interruption, loss of investment capital, or any other
pecuniary loss) arising out of the use of or inability to use the Data. In any case,
Theta’s entire liability under any provision of this Data License Agreement shall be
limited to the greater of the amount actually paid by you for use of the Data or U.S.
$5. Because some states/jurisdictions do not allow the exclusion or limitation of
liability, the above limitation may not apply to you.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Texas applicable to contracts made in that state without reference to its conflicts of laws
provisions. This Agreement supersedes any previous or contemporaneous agreements between
us. The Agreement and fee schedule below can be amended by Theta upon 30 days prior written
notice.
All notices required to be delivered under this Agreement shall be delivered personally, by air
courier or by registered or certified mail, postage prepaid, return receipt requested, at the address
below. Any change in address for either party should be noticed to the other party within 14
days.
Fees for Subscription Services:
Non-Manager ..............................................$295.00 per year
Tracked Manager ........................................$245.00 per year*
(TX residents add 8.25% sales tax)
*Tracked Manager Subscription Fee is waived for the first year.
Agreed to and accepted by:
Signature:_______________________________Address:_______________________________
Print Name:_____________________________ City,State,Zip:__________________________
Title:__________________________________ Email:_________________________________
Date:__________________________________ Phone:_________________________________
Theta Research, LLC, 11719 FM 2244, Suite 200, Austin, TX 78738
Voice: (512) 628-5201 Fax: (512) 263-3459 E-Mail: info@thetaresearch.com