DATA SERVICE AGREEMENT

This agreement (Agreement) is made at ______________ this 1

st
day of April 2013
BETWEEN
_______________, a company incorporated under the laws of Pakistan, having its registered office at ___________ (the
Service Provider)
AND
_________________, a banking company incorporated under the laws of Pakistan, having its registered office at 3
______________ (the Subscriber)
WHEREAS, the Service Provider owns, develops, maintains and operates a subscription based online database service
through its website _______________ providing extensive coverage of historic data on Pakistans economy, financial
markets and listed companies.
AND WHEREAS, the Subscriber requires access to the databases and services made available by the Service Provider for its
analysis and information needs
NOW, THEREFORE, in consideration of the mutual covenants and representations set forth in this Agreement, the parties
hereby agree as follows:
1. DEFINITIONS - In this Agreement, Capitalized terms including the recital hereto shall have the meaning stated
herein unless defined within the context of the Agreement
a. "Authorized User(s)" are five (5) persons designated by the Subscriber or otherwise permitted to use
Subscriber's facilities and authorized by Subscriber to access Databases.
b. Databases shall mean the data and information made available on the Website through a login restricted
access and related products to which Subscriber has purchased a subscription.
c. Initial Term shall mean the period from the Effective Date till the ninetieth day thereof
d. Effective Date shall mean the first date written in this Agreement
e. Extended Term shall mean the period from the Effective Date till the first anniversary of the Effective Date
f. "Services" shall mean access to Site and use of the websites functionalities
g. Website shall mean the Internet website (______________) from which Authorized Users can obtain access
to The Service Provider's Databases and Services;
2. SERVICE: The Service Provider hereby grants to the Subscriber a renewable, nontransferable, non-exclusive and
royalty-free access and right for the Authorized User(s) to use the Databases and Services made available by the
Service Provider. The access to the Databases shall be made available through password protected Login IDs made
available by the Service Provider for exclusive use of the Authorized User(s). The Subscriber shall not allow any
person other than the Authorized User(s) any direct or indirect access to the Databases using the Login IDs
provided to the Authorized User(s).
3. USE OF INFORMATION: Authorized Users may download and publish portions of the Databases (Downloaded
Information) provided the published Downloaded Information specifically mentions the Service Provider as the
source of such information. Subscriber and Authorized Users shall not use the Downloaded Information as the
basis of any other publication prepared for sale and will neither duplicate nor alter the Downloaded Information
for sale or distribution. Downloading all or parts of the Databases in a systematic or regular manner so as to create
a collection of materials comprising all or part of the Databases or Services is strictly prohibited.
4. PRICE: The Subscriber shall pay a monthly License fee of Pakistan Rupees One Hundred Thousand (PKR 100,000).
Payments are due upon receipt of invoice(s). Payments delayed beyond 30 days from the date of the invoice will
attract a monthly penalty of 1% of unpaid balance. Taxes, if any, are not included in the agreed upon price and may
be invoiced over and above the License Fee.
5. TERM: This Agreement is legally binding as of the Effective Date and shall continue to be effective during the Initial
Term. Following the Initial Term this Agreement will continue to be legally binding during the Extended Term,
unless terminated in accordance with this Agreement. Following the completion of the Extended Term, this
Agreement shall automatically renew for successive one year terms (each, a Renewal Term) until such time as a
party provides the other party with written notice of termination; provided, however, that: (a) such notice be given
no fewer than thirty (30) calendar days prior to the last day of the then-current term; and, (b) any such termination
shall be effective as of the date that would have been the first day of the next Renewal Term.
6. DISCLAIMER: The Service Provider disclaims any liability for the accuracy, completeness or functionality of any
material contained in the Databases. The Service Provider assumes no responsibility for errors or omissions nor
any liability for damages from use of the information contained herein. THE MAXIMUM LIABILITY OF THE SERVICE
PROVIDER, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE SERVICES SHALL BE
LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY THE SERVICE PROVIDER FROM SUBSCRIBER. IN NO EVENT
SHALL THE SERVICE PROVIDER BE LIABLE TO SUBSCRIBER OR ANY AUTHORIZED USER FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Service Provider is not responsible if the third party
resources accessed by the Service Provider to make the Database and Services available fail to provide information
correctly or in a timely manner. While the Service Provider will make best efforts to secure additional sources of
information, Subscriber acknowledges that certain aspects of functionality of the Databases and Services may be
dependent on third party information providers.
7. FORCE MAJEURE: The Service Provider will not be liable or deemed to be in default for any delays or failure in
performance resulting directly or indirectly from any cause or circumstance beyond its reasonable control,
including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood,
accidents, earthquake(s), strikes or labor shortages, transportation facilities shortages or failures of equipment, or
failures of the Internet.
8. This Agreement and the license granted herein may not be assigned by the Subscriber to any third party without
written consent of The Service Provider.
9. This Agreement represents the entire agreement and understanding of the parties with respect to the subject
matter hereof and supersedes any and all prior agreements and understandings, written and/or oral. There are no
representations, warranties, promises, covenants or undertakings, except as described here.
Executed on the dates set forth below by the undersigned authorized representative of Subscriber and Service Provider to
be effective as of the Effective Date.



By:_________________________________
Name:
Title:
Date:
Address for Notice:





By:_________________________________
Name:
Title:
Date:
Address for Notice