2. Restrictions on Use
You will not in connection with your use of this website and all content therein: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation, including without limitation those relating to competition or antitrust; (b) interfere with or disrupt the computer networks of IHS Markit or attempt to do so; (c) forge headers or in any manner manipulate identifiers in order to disguise the origin of any information; (d) download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of IHS Markit or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (e) interfere with or disrupt the use of this website by any other customer or user or reverse look-up, trace or seek to trace any information on any other user of or visitor to this website, or any other customer of IHS Markit, including any IHS Markit account not owned by you; (f) probe, scan or test the vulnerability of this website or any network connected to this website or attempt to gain unauthorized entry or access to the computer systems of any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or IHS Markit's systems or networks, or any systems or networks connected to this website or to IHS Markit; or (h) download, upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.
You may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of this website or any content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website.
You shall not use the content to develop, support, create or provide pricing for: (i) any database or product that competes directly with the content or any other IHS Markit product or service offered in the marketplace or would create a functional substitute for any such IHS Markit products or content; or (ii) any index (e.g. any composite financial index).
You may download and use certain content that is purposely and expressly made available by IHS Markit for downloading from this website (such as product sheets or articles), provided that you: (i) do not remove any proprietary notice or disclaimer language in any copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any representations or warranties relating to same.
3. Modification of Website and Content
This website and Content are subject to modification by IHS Markit to reflect statistical, technical, administrative, market based or similar changes that IHS Markit determines in good faith are required or desirable. IHS Markit also may make changes to any products or services offered on this website, or to the applicable prices for any such products or services, at any time, without notice.
4. No Advice
The Content is intended only for professionals in the financial markets and is not, and should not be construed as financial, legal or other advice of any kind, nor should it be regarded as an offer or as a solicitation of an offer to buy, sell or otherwise deal in any investment. You may not use the Content in, or generate based on the Content, any advice, recommendations, guidance, publications or alerts made available to your clients or other third parties. Nothing in the Content constitutes a solicitation by IHS Markit of the purchase or sale of loans, securities or any investment.
5. Delivery and Security
You shall solely be responsible for any and all necessary equipment and connections from your own computer systems to the IHS Markit systems that will allow for access to this website and delivery of the Content. IHS Markit shall have no responsibility for any such equipment or connections. You shall ensure that you have implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of this website or Content.
6. Intellectual Property
The ownership and intellectual property rights of this website including all Content, models, software, information, data, documentation, computer programs, systems, customizations, enhancements thereto, and the design, structure, selection, coordination, expression "look and feel" and arrangement of the Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of IHS Markit (or the relevant affiliate of IHS Markit or Data Provider (as defined below), as the case may be) and you shall not: (i) copy such material for any purpose (including by reverse engineering) or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon IHS Markit's intellectual property rights in this website or Content. You acknowledge that this website, was developed, compiled, prepared, revised, selected and arranged by IHS Markit and others (including certain third party information sources (each a "Data Provider")) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of IHS Markit or such relevant Data Provider.
You hereby agree to use commercially reasonable efforts to protect the proprietary rights of IHS Markit or the relevant Data Provider in this website and Content. You irrevocably agree and acknowledge that, as between you and IHS Markit, this website and Content, as may be amended from time to time, is the sole and exclusive property of IHS Markit, and shall not be considered works for hire. You shall honour and comply with all reasonable written requests made by IHS Markit to protect its contractual, statutory and common law rights in this website and Content. You agree to notify IHS Markit in writing promptly upon becoming aware of any unauthorized use of this website or Content or any claim that any or all of this website or Content infringes upon or constitutes any unlawful use of any copyright, database right, trade mark, or other proprietary, intellectual property, contractual, statutory or common law rights of a third party.
Trade Marks. You shall not use any of IHS Markit's trademarks, trade names or service marks in any manner, and in no event in a manner accessible by or available to any third party. You acknowledge that you have no ownership or license rights in or to any of these names or marks.
Copyright. This website and Content is protected as a collective work or compilation under UK copyright, U.S. copyright and other laws and treaties. All data, information, articles, columns and other elements making up the Content are copyrighted works and IHS Markit hereby reserves all rights.
Copyright Infringement Claims. We respect the intellectual property rights of others, and require that the people who use this website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to IHS Markit's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "DMCA"), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
5th floor, 450 West 33rd Street
New York, NY 10001, U.S.A.
Attention: Legal Department
8. Links to Third Party Websites
This website may contain links to websites of third parties. These links are provided to you as a convenience, and IHS Markit is not responsible for the content of any linked website. In addition, a link to any non-IHS Markit website does not imply that IHS Markit endorses or accepts any responsibility for the content or use of such a website.
9. Other IHS Markit Services
IHS Markit may provide you with access to IHS Markit services through links and/or dedicated frames (collectively, "Other IHS Markit Services") from this website. For example, you may have access to a Toolbar provided by our IHS Markit Hub service that allows you, amongst other things, to navigate data and content on both IHS Markit and third party websites.
You acknowledge that log-on access codes and passwords that are provided to you are for your use only and may not be shared. You shall ensure that your log-on access code and password is kept confidential. You agree to accept sole responsibility for the use and protection of the log-on access codes and passwords provided to you, including protecting the confidentiality of such passwords. You shall use commercially reasonable efforts to prohibit or cease any unauthorized access to this website or Content.
11. Disclaimer of Warranties and Limitation of Liability
No Liability. NEITHER IHS MARKIT, ITS AFFILIATES NOR ANY DATA PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU OR ANY CLIENT OF YOU FOR ANY INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, IN THE CONTENT PROVIDED HEREUNDER OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, IHS MARKIT SHALL HAVE NO LIABILITY WHATSOEVER TO YOU, WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY), IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF OR IN CONNECTION WITH ANY OPINIONS, RECOMMENDATIONS, FORECASTS, JUDGMENTS, OR ANY OTHER CONCLUSIONS, OR ANY COURSE OF ACTION DETERMINED, BY YOU OR ANY CLIENT OF YOU, WHETHER OR NOT BASED ON THIS WEBSITE OR CONTENT.
You will indemnify, defend and hold harmless IHS Markit and its affiliates, directors, officers, agents employees, successors, assigns and all Data Providers, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns ("IHS Markit Indemnitees") from and against any and all losses, liabilities, damages, costs (including reasonable attorneys' fees) and expenses arising as a result of any claims, suits or proceedings (collectively, "Claims") brought by any third party against any IHS Markit Indemnitees arising from your use of this website and/or Content.
You agree that IHS Markit may, in its sole discretion and without prior notice, terminate your access to this website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of this website or any service offered on or through this website, or (iv) unexpected technical issues or problems.
15. Third Party Restrictions
In addition to the rights and restrictions set forth in agreement(s) that you have entered into with IHS Markit, use of IHS Markit services is subject to the additional following terms: (i) you may be required to enter into, or to comply with the terms of, a third-party licensor agreement, and (ii) you may receive such terms within the service itself or directly by the third-party licensor.
To the extent that you redistribute any third-party services, you must obtain all required approvals for control and redistribution of such third-party services. You are responsible for any and all costs and fees associated with agreements entered into with any such third-party licensor. If a third-party licensor ceases to make one or more of its services available to IHS Markit, or requires IHS Markit to suspend or terminate the provision of all or any part of its services to you, or if IHS Markit terminates its arrangements with the third-party licensor, then IHS Markit may suspend or terminate that part of its services immediately without notice or further obligation to you.
Content provided by third-party licensors ("Third Party Content") may contain: (i) restrictions, including without limitation, as to disclosure and use of the Third Party Content; and (ii) specific disclaimers with regard to such Third Party Content, including without limitation disclaimer for liability for inaccuracies, errors or omissions; which may be displayed in and shall apply to the Third Party Content.
Such Third Party Content is provided by other, non-IHS Markit information providers and therefore IHS Markit has no responsibility and makes no representations or warranties as to the accuracy, timeliness or completeness of the Third Party Content. IHS Markit shall not be held liable for any loss or damage caused by the inaccuracies, errors or omissions, incomplete or late Third Party Content.
In order to provide the Services, we may be required to share certain information regarding our agreement with you, your use of the IHS Markit services or Third Party Content or details of the IHS Markit services or Third Party Content provided to you with such third-party licensor. For more information related to how IHS Markit collects and processes personal information, please visit https://ihsmarkit.com/Legal/privacy.html.
Please click on any of the following hyperlinks to see the additional terms and conditions imposed by the following third-party data providers regarding use of their data:
- CUSIP Global Services
- Fitch Ratings Ltd.
- FTSE International
- FTSE – RussellTick
- Moody's Investors Service
- Morgan Stanley Capital International
- Deutsche Boerse
- Australian Financial Markets Association (AFMA)
- Australian Securities Exchange (ASX)
- China Exchanges Services Company (CESC)
- Dow Jones
- Hang Seng Indices
- Hedge Fund Research
- London Stock Exchange (SEDOL)
- Standard & Poor's RatingsXpress-Credit Ratings
- Standard & Poor's S&P Credit Ratings, CapIQ Estimates and CapIQ Data
- Robo Global LLC
- FactSet Research Systems, Inc
- National Association of Insurance Commissioners (NAIC)
- Trepp UK Limited
- Markit Group Ltd.
- Thomson Reuters Municipal Market Data (MMD)
- Intercontinental Exchange Group (ICE)
- Econoday, Inc.
- SONIA and SONIA Compounded Index
- NATIONAL ASSOCIATION OF REALTORS®
- IBOR Fallback Rates Data - BLOOMBERG
- Federal Reserve Bank of New York - SOFR Data
- European Central Bank
- Bank of Japan - TONAR
15.1 CUSIP Global Services. Subscriber agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services ("GCS") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein. Any use by Subscriber outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, Subscriber agrees that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CGS and ABA may be entitled.
Subscriber agrees that Subscriber shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. Subscriber further agrees that the use if CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CGS.
NEITHER CGS, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITYU OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATIERALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.
Subscriber agrees that access to the CGS Data is expressly conditioned on the effectiveness of CUSIP's Agreement with IHS Markit and all such access under any Subscriber agreement shall automatically terminate upon termination upon the license granted to IHS Markit by CUSIP.
15.2 Fitch Ratings Ltd. Ownership. Fitch Information (including but not limited to the collection and presentation of the information contained in any Database) is owned by or licensed to Fitch, and contains the valuable copyrighted and proprietary material of Fitch or its affiliates and licensors, and all rights in or to Fitch Information not granted to client are expressly reserved by Fitch and its affiliates and licensors.
Disclaimer. Although the Fitch Information is based upon information obtained from sources Fitch believes in good faith to be reliable, client acknowledges that Fitch does not represent, warrant or guarantee the accuracy, correctness, integrity, completeness or timeliness of any part of Fitch Information and expressly acknowledges Fitch's disclaimer that Fitch does not audit or verify accuracy of the information provided to it by issuers, their representatives, accountants and legal advisors and others. Fitch also does not represent, warrant or guarantee: (i) the design or performance of any part of the Fitch Information or any Fitch website, or (ii) that the Fitch Information or any Fitch web site will fulfill any of the client's particular purposes or needs. Fitch does not recommend the purchase or sale of securities, does not give opinions as to the value of securities and does not give investment advice. Fitch is not responsible for any credit, loan or investment decisions, damages or other losses resulting from use of the Fitch Information. Fitch shall not be responsible for any discrepancies that may exist between the database from the Fitch Information sent to client and corresponding data contained in Fitch's database after the time such database was sent to client. FITCH INFORMATION AND ACCESS TO AND USE OF ANY FITCH WEB SITE, IF APPLICABLE, IS PROVIDED "AS IS" AND ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH SUBSCRIBER. FITCH DISLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. FITCH SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT FITCH PRODUCT WILL MEET SUBSCRIBERS' REQUIREMENTS, THAT THE OPERATION OF FITCH PRODUCT AND/OR ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN FITCH PRODUCT, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR THAT FITCH PRODUCT IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
15.3 FTSE International IHS Markit is licensed by FTSE International Limited to publish certain FTSE Products and make them available to you. FTSE shall not be responsible for any error or omission in these Products. All copyright and database rights in these Products belong to FTSE or its licensors. Redistribution of the data comprising these Products is not permitted. You agree to comply with any restrictions or conditions imposed upon the use, access, or storage of the data as may be notified to you by FTSE or IHS Markit and you may be required to enter into a separate agreement with FTSE or IHS Markit. "FTSETM", "FT-SETM" and "FootsieTM" are trademarks of London Stock Exchange PLC and The Financial Times Limited and are used by FTSE International Limited under license.
15.4 FTSE Russell Tick You are required to enter into a separate license agreement (which may be subject to additional charges) with The Frank Russell Company (“Russell”) in order to access and/or use indices, index values, data or other information relating to or derived from any Russell index (“Data”) via the IHS Markit services. Unless expressly permitted otherwise under your own written agreement with Russell, you may use the Data solely for your own internal business purposes (if you are a business) or individual purposes (if you are an individual), and you shall not, and shall not permit any third party to, do any of the following. To the extent there is a conflict between the Data usage rights and restrictions as set forth in your agreement with IHS Markit and those set forth in your agreement with Russell, the terms of your agreement with Russell shall control:(a) copy, sell, license, distribute, transmit or duplicate the Data (or any part thereof) to any third party or to any person or other entity in your organization (unless such entity is expressly licensed under your agreement with IHS Markit to receive such Data) in any form or by any means;(b) derive or create derivative works of, recalculate, combine with other data, or otherwise modify, the Data (except that you may reprocess Data and perform calculations using the Data for your own internal business use subject to the other restrictions herein), and/or distribute such derived, recalculated, combined or modified Data to any third party;(c) remove any copyright or other proprietary notice accompanying or incorporated into the Data;(d) use the Data for the purpose of:(i) creating and/or operating (whether for your own purposes or on behalf of any third party) any financial product, index, or service which seeks to match the performance of or whose capital and/or income value is related to other Data or any part thereof;(ii) creating and/or operating (whether for your own purposes or on behalf of any third party) any financial product, index, service the performance of which is linked to the performance of a third party's product, index or service which, in turn, seeks to match the performance of or whose capital and/or income value is related to the Data or any part thereof (and whether or not such third party is licensed by Russell to do so); or(iii) generally exploit the Data in a manner designed to benefit you or any third party (including the creating of any additional service).(e) make the Data available on any website or in an application, or to the public via the internet;(f) use the index trade marks in a generic way or as part of your name or the name of any associated company;(g) use the Data or index trademarks:(i) in a way that might cause confusion as to the person responsible for preparing or disseminating the Data;(ii) for any unlawful or illegal purpose in any jurisdiction; or (iii) for or in connection with any contracts for difference service, spread betting service or any other purpose related to betting or gaming;(h) use the Data on behalf of, or for the benefit of, anyone else; or(i) use the Data in any way or for any purpose that would require a separate license from Russell or a third party information provider.
You acknowledge that Russell and/or any relevant third party information providers are the owners of the intellectual property rights in the Data, and that the Data is provided subject to the terms of your agreement with IHS Markit.
15.5 Moody's Investors Service Moody's© Copyright 2020, Moody's Investors Service, Inc. ("Moody's"). Moody's ratings ("Ratings") are proprietary to Moody's or its affiliates and are protected by copyright and other intellectual property laws. Ratings are licensed to Licensee by Moody's. RATINGS MAY NOT BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT.
Moody's® is a registered trademark.
All Data furnished by Moody's are proprietary to Moody's (or its licensors) and are so furnished at Moody's' request and for your exclusive use. No Data so furnished may be copied or otherwise reproduced, repackaged, further transmitted, transferred, disseminated, distributed, redistributed, sold, resold, leased, rented, licensed, sublicensed, altered, modified, adapted, or stored for subsequent use for any such purpose, in whole or in part, in any form or manner or by any means whatsoever, by you or any other person or entity, without Moody's' prior written consent.
All Data is provided "AS IS" without warranty of any kind, and MOODY'S (AND MOODY'S' LICENSORS AND SERVICE PROVIDERS), IN PARTICULAR, MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH DATA. Under no circumstance shall Moody's, or its licensors or service providers, have any liability whatsoever to you or any other person or entity, or be liable for any indirect, special, consequential, incidental or compensatory damages resulting or relating to the use of, or inability to use, any of the Data.
15.6 Morgan Stanley Capital International, MSCI Inc. Copyright MSCI 2020. All Rights Reserved. Without prior written permission of MSCI, this information and any other MSCI intellectual property may only be used for your internal use, may not be reproduced or redisseminated in any form and may not be used to create any financial instruments or products or any indices. This information is provided on an "as is" basis, and the user of this information, assumes the entire risk of any use made of this information.
Neither MSCI nor any third party involved in or related to the computing or compiling of the data makes any express or implied warranties, representations or guarantees concerning the MSCI index-related data, and in no event will MSCI or any third party have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) relating to any use of this information.
MSCI ESG Research LLC data (“MSCI Data”) was used by IHS Markit in the selection process of companies included in the IHS Markit MSCI ESG indices. MSCI does not in any way sponsor, support, promote or endorse the index. MSCI was not and is not involved in any way in the creation, calculation, maintenance or review of the index. For the avoidance of doubt, MSCI is not the benchmark “administrator” for, or a “contributor”, “submitter” or “supervised contributor” to, the index, and the MSCI Data is not considered a “contribution” or “submission” in relation to the index, as those terms may be defined in any rules, laws, regulations, legislation or international standards. MSCI Data is provided “AS IS” without warranty or liability and no copying or distribution is permitted. MSCI does not make any representation regarding the advisability of any investment or strategy and does not sponsor, promote, issue, sell or otherwise recommend or endorse any investment or strategy, including any financial products or strategies based on, tracking or otherwise utilizing any MSCI Data, models, analytics or other materials or information. Without limiting any of the foregoing, in no event shall MSCI have any liability for any direct, indirect, special, incidental, punitive, consequential (including, without limitation, lost profits) or any other damages in connection with the MSCI Data or the index.
15.7 CME OTC Information, including Real Time, Delayed and/or End of Day Information, may only be distributed to Subscribers that have executed a Subscriber Agreement. Subscribers accessing Information and/or OTC Information may not (i) distribute Information to third parties outside Subscriber's Group and (ii) OTC Information to any other entity including without limitation other entities within Subscriber's Group, except for: (i) Delayed Information (other than OTC Information), when available as a licensing option and subject to the conditions published by CME from time to time and provided also that Distributor reports to CME and pays the applicable delayed license, website, and user fees where applicable, and as outlined in the Schedule 4: Market Data Policies and the Schedule 5: Fee Schedule. This exception is solely for Information and is not applicable to OTC Information. (ii) Inclusion of Information (other than OTC Information) in Media Publications, subject to the conditions published by CME from time to time and provided also that the Distributor reports to CME and pays the applicable Media Redistribution Fee for Subscribers that redistribute Information. (iii) Communication of limited extracts of Information (other than OTC Information), subject to the conditions published by CME from time to time, and (iv) Public Internet Display, subject to Distributor meeting the applicable reporting and payment obligations specified in this Schedule, provided that all persons accessing Information (other than OTC Information) on web-hosted sites will be regarded as Subscribers of Distributor, except that they may not be allowed to redistribute Information (other than OTC Information) to third parties.
Inclusion of OTC Information in Media Publications or any other form of Media Redistribution is expressly prohibited. For the avoidance of doubt, please note that the foregoing subsections (i) through (iv) (the “Exceptions”) are applicable solely to Information, and the Exceptions are not applicable to OTC Information. Please reference Schedule 5: Fee Schedule for availability of any of the foregoing.
CME reserves all rights to determinate whether any form of Information redistribution by Subscriber may be allowed, and reserves the right to change the foregoing policy at any time.
All uses of Information by Subscriber that are subject to reporting requirements as specified in this Schedule must be identified and measured with an approved Unit of Count and be subject to effective Internal Controls which record all authorized use and prevent (or identify and record) any unauthorized use.
Subscribers accessing Information, as defined below, may process Information with or without other data for the purpose of creating new original works, provided that:(i) Any works so created, which display, represent or recreate any item of Information (including any works from which Information may be reasonably be reverse-engineered) will be regarded as Information for the purposes of this Agreement and will be subject to applicable Fees.(ii) Subscriber must obtain prior permission from CME before using any element of Information to create or recalculate indices or any original work that does not include, display or recreate Information. These works will be considered derived works and will require licensing under separate agreement with CME. No use, creation or distribution of such works shall be permitted without CME's express approval which will include a separate license agreement (iii) CME may at its sole discretion deny permission or require Distributor to pay License Fees for each Subscriber granted the right to create or recalculate indices or any other work from Information, for use in derived works. (iv) CME hereby grants permission for the use of Information to create graphs and charts, where the underlying value of elements of Information cannot be identified or calculated (for example to compare percentage change in elements of Information with percentage change in other data.)Such use will not be considered derived works. No fees will apply to Subscribers where the Distributor provides this service.
Subscriber must not misrepresent Information or deface or remove any trademarks transmitted with Information.
Subscriber must not use Information for any illegal purpose. Subscriber must recognize all Intellectual Property Rights as acknowledged between Distributor and CME.
Subscriber must maintain all records and provide all information required by Distributor to meet Distributor's record-keeping, reporting and payment obligations to CME.
Subscriber must allow CME or any auditors acting on behalf of CME to audit Subscriber's records and use of Information.
Subject to applicable law, Subscriber shall obtain and provide any consent needed for CME or any auditors acting on behalf of CME to review and receive Personal Data, where necessary for the purposes of verifying or ensuring compliance with Distributor's obligations to CME.
In addition to any other remedy, Distributor may immediately suspend or terminate distribution of Information to Subscriber if Distributor has reason to suspect non-compliance with any of these terms of if Distributor is required to do so by CME for any reason.
CME GROUP MARKET DATA IS USED UNDER LICENSE AS A SOURCE OF INFORMATION FOR CERTAIN IHS MARKIT PRODUCTS. CME GROUP HAS NO OTHER CONNECTION TO IHS MARKIT PRODUCTS AND SERVICES AND DOES NOT SPONSOR, ENDORSE, RECOMMEND OR PROMOTE ANY IHS MARKIT PRODUCTS OR SERVICES. CME GROUP HAS NO OBLIGATION OR LIABILITY IN CONNECTION WITH THE IHS MARKIT PRODUCTS AND SERVICES. CME GROUP DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF ANY MARKET DATA LICENSED TO IHS MARKIT AND SHALL NOT HAVE ANY LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. THERE ARE NO THIRD-PARTY BENEFICIARIES OF ANY AGREEMENTS OR ARRANGEMENTS BETWEEN CME GROUP AND IHS MARKIT.
15.8 Deutsche Boerse Subscribers are permitted to exclusively use the Licensed Information internally; onward dissemination of Licensed Information by Subscribers to third parties without the express prior written approval by Deutsche Boerse AG is prohibited. The prohibition of the onward dissemination within sentence 1 does not apply if the Subscriber is simultaneously a Vendor.
15.9 Morningstar © 2020 Morningstar. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
Select Fundamentals Content and Ownership Content, and Select ETF Prices (NYSE CTA Tape A and AMEX CTA Tape B) Provided by Morningstar, Inc.
© 2020 Morningstar. All Rights Reserved. The information, data, analyses and opinions (“Information”) contained herein: (1) include the proprietary information of Morningstar and its content providers; (2) may not be copied or redistributed except as specifically authorised; (3) do not constitute investment advice; (4) are provided solely for informational purposes; (5) are not warranted to be complete, accurate or timely; and (6) may be drawn from fund data published on various dates. Morningstar is not responsible for any trading decisions, damages or other losses related to the Information or its use. Please verify all of the Information before using it and don’t make any investment decision except upon the advice of a professional financial adviser. Past performance is no guarantee of future results. The value and income derived from investments may go down as well as up.
15.10 Euronext Redistribution of Euronext Information is prohibited without an individual license between you and Euronext. Powered by Euronext ©.
15.11 MSRB We are providing certain data supplied to us by the Municipal Securities Rulemaking Board (“The Service”) without warranties or representations and on an “as is” basis. We hereby disclaim all representations and warranties (express or implied), including, but not limited to, warranties or merchantability and fitness for a particular purpose regarding the service. You shall bear all risk, related costs and liability and be responsible for your use of the service. We assume no responsibility for the consequences of any intentional or unintentional error, omission, inaccuracy, incompleteness or untimeliness in or with respect to the service. The MRSB, its officers, directors, employees, agents, consultants and licensors shall not be liable or responsible to you or anyone else for any losses, injuries, damages, costs, expenses or claims caused by, arising out of or relating to the following: (a) acts, omissions, occurrences or contingencies beyond their control; (b) service interruptions or performance failures, such as those that result from the use of telecommunications facilities that are outside their control, including the internet; (c) negligence, gross negligence or willful misconduct in procuring, compiling interpreting, editing, writing, reporting or delivering any of the content and material; (d) lost, stolen, late, corrupted, misdirected, failed, incomplete or delayed transmissions by anyone using the Service including but not limited to, any technical malfunctions, human error, computer viruses, lost data transmissions, omissions, interruptions, deletions, defects, hyperlink failures or line failures of any telephone network, computer equipment, software or any combination thereof; (e) damage to your computer systems, equipment software, data or other tangible or intangible property resulting from or sustained in connection with your use of the Service; and/or (f) any disruption of business, lost sales or lost profits or any punitive, exemplary, indirect, special, incidental, or consequential damages associated or in connection with, resulting from or arising out of any use of the Service or the content and material in the Service. The MSRB and its officers, directors, employees, agents, consultants and licensors shall have no liability in tort, contract or otherwise (and as permitted by law product liability) to you or anyone else for any reason associated or in connection with, resulting from or arising out of your use of the Service. The MSRB, its officers, directors, employees, agents, consultants and licensors make, and have made, no recommendations regarding any of the securities or other investment vehicles identified, referred to or described in the Service. The Service is reproduced by permission of the MSRB under a non-exclusive limited license. The MSRB accepts to responsibility or liability for the accuracy of the reproduction of the Service or that such Service is current.
15.12 Australian Financial Markets Association (AFMA) The information is proprietary to AFMA and third parties. All rights are reserved. Clients may only use this information in accordance with the Subscriber Agreement. To the fullest extent permitted by law, AFMA provides the information ‘as is' and clients may not rely on it as being accurate or comprehensive. You should independently verify the accuracy and comprehensiveness of the information.
15.13 Australian Securities Exchange (ASX) Client hereby agrees to comply with any terms and conditions governing the use of any third party website or content accessed through the Service. Note that all clients must abide by the rules and requirements as per the ASX Market Information Product and Services Guide which can be found in the following link https://asxonline.com/marketinfo/product.shtm
15.14 China Exchanges Services Company (CESC) China Exchanges Services Company Limited (CESC) endeavors to ensure the accuracy and reliability of the information provided, but does not guarantee its accuracy and reliability and accept no liability (whether in tor or contract or otherwise) for any loss or damage arising from, any inaccuracy or omission or from any decision, action or non-action based on or in reliance upon the information provided.
CESC is not an investment advisor. Appropriate independent professional advice should be sought where necessary. All of the information, materials and data provided do not constitute any offer or invitation to make any kind of investment. Past performance is also not a guide to future performance and does not guarantee future results.
15.15 Citigroup You may not authorize or license the use of the index data and/or any of its constituent indexes as components or benchmarks of financial instruments, contracts, or securities, whether publicly or privately issued, bought or sold.
15.16 Dow Jones The Data may be used by Clients of services of IHS Markit and its affiliates (IHS Markit) solely for internal business purposes. Client understands and agrees that it shall not: (i) use the Data to create, issue, manage, sponsor or develop any financial products (including, without limitation, derivatives, funds, structured products or contracts for difference) where the price, return and/or performance of such product is based on or intended to track any index published by Dow Jones Indexes; (ii) use the Data to create or develop indexes, a classification system or historical databases; (iii) create any Derived Data based on the Data, except with Dow Jones Indexes' express written consent; (or) disclose, duplicate, display, redistribute, resell or otherwise convey the Data or any portion thereof internally within Client's organization except to other authorized end users of the relevant IHS Markit services or externally to any third party.
15.18 Hang Seng Indices. The Data File referred to in this section is provided by Hang Seng Indexes Company Limited. Neither Hang Seng Indexes Company Limited nor any of its holding companies and subsidiaries nor IHS Markit provides any warranties of any kind in relation to such Data File (including, without limitation, that the Data File is fit for a particular purpose) or accepts any responsibilities for its accuracy, completeness and/or consistency, or for any loss or damage whatsoever and howsoever suffered or incurred by any party, With the use of or the access to the Data File referred to in this section, the subscriber or any party irrevocably and unconditionally accepts and agrees to be bound by this disclaimer.
15.19 Hedge Fund Research Client Restriction on Usage/Distribution. Client's use of the HFR Indices is solely limited to internal usage only. No redistribution by any means is permitted by the client or client's group. Clients are strictly prohibited from any form of onward distribution of Hedge Fund Research Indices, up to and including any and all derivative works.
Additional Restrictions. Client will not copy or manufacture the Index Dataset or any portion thereof for any use prohibited under this Agreement, (ii) translate, modify, adapt, enhance, decompile, disassemble, or reverse engineer the Index Dataset, except as to render the Index Dataset in a format compatible with the Licensee's software and to the extent permitted under applicable law despite this restriction, (iii) use the Index Dataset to create an index or populate any other commercial Database or index dataset, (iv) use the Index Dataset in the operation of its own data or index business, (v) use the Index Dataset, Resultant Data and/or HFR trademarks, including HFR Index names, ticket symbols, or graphically representative HFR Index performance in any manner in association with products which are created as investable index products.
15.20 London Stock Exchange (SEDOL) Customers wishing to store, extract, download and or reproduce SEDOL codes are required to sign a license agreement with the London Stock Exchange. The following exceptions apply:
Where the customer has stored or archived off SEDOL codes for regulatory purposes, as long as the customer can demonstrate that there are controls in place to ensure SEDOL codes that only named individuals can access that data for regulatory or regulatory support purposes, then all SEDOL codes within this database can be discounted.
Where a vendor is unable to control or permission the level of codes provided to the customer, codes which are not being processed, as defined above, may be discounted. In such cases, the vendor is required to provide to the London Stock Exchange lists of all customers that have the ability to access SEDOL codes and the London Stock Exchange will contact such customers to ascertain whether they are processing SEDOL codes. However, the customer would be expected to technically demonstrate to the London Stock Exchange that these discounted codes are being discarded and/or archived for regulatory purposes. Where SEDOL codes are being held, but not being processed (as per the definition above) because trading has officially ceased (for example, delisting or maturity date expired) in the security to which they relate, they can be discounted.
For further information, please refer to the SEDOL Masterfile Pricing and Policy Guidelines, or contact the London Stock Exchange SEDOL team: info: email@example.com
15.21 Standard & Poor's Copyright © 2020, Standard & Poor's Financial Services LLC ("S&P"). Reproduction of RatingsXpress-Credit Ratings in any form is prohibited except with the prior written permission of S&P. S&P does not guarantee the accuracy, completeness, timeliness or availability of any information, including ratings, and is not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of ratings. S&P GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. S&P SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS, EXPENSES, LEGAL FEES, OR LOSSES (INCLUDING LOST INCOME OR PROFITS AND OPPORTUNITY COSTS) IN CONNECTION WITH ANY USE OF RATINGS. S&P's ratings are statements of opinions and are not statements of fact or recommendations to purchase, hold or sell securities. They do not address the market value of securities or the suitability of securities for investment purposes, and should not be relied on as investment advice.
Composite Ratings. Any Composite Ratings are NOT an S&P rating or any rating issued by a ratings agency. Further, Composite Ratings are NOT credit opinion.
15.21 S&P Ratings Data Provided by S&P Global Market Intelligence; Capital IQ Estimates and Capital IQ Data provided by S&P Capital IQ LLC. Copyright © 2020, S&P Global Market Intelligence or S&P Capital IQ LLC, as applicable. Reproduction of S&P Credit Ratings or the CapIQ Estimates or CapIQ Data in any form is prohibited except with the prior written permission of S&P Global Market Intelligence S&P Capital IQ LLC, as applicable (together with its affiliates, S&P). S&P does not guarantee the accuracy, completeness, timeliness or availability of any information, including ratings, and is not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of ratings. S&P GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. S&P shall not be liable for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or profits and opportunity costs or losses caused by negligence) in connection with any use of Ratings or CapIQ Estimates or CapIQ Data. S&P’s ratings are statements of opinions and are not statements of fact or recommendations to purchase, hold or sell securities. They do not address the market value of securities or the suitability of securities for investment purposes, and should not be relied on as investment advice.
15.22 Robo Global LLC Copyright Robo Global LLC (“RG") 2020. All Rights Reserved. Without prior written permission of RG, this information and any other RG intellectual property may only be used for your internal use, may not be reproduced or redisseminated in any form and may not be used to create any financial instruments or products or any indices. This information is provided on an “as is” basis, and the user of this information assumes the entire risk of any use made of this information. Neither RG nor any third party involved in or related to the computing or compiling of the data makes any express or implied warranties, representations or guarantees concerning the RG index-related data, and in no event will RG or any third party have any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) relating to any use of this information.
15.23 Sustainalytics Part of this publication may contain Sustainalytics proprietary information that may not be reproduced, used, disseminated, modified nor published in any manner without the express written consent of Sustainalytics. NOTHING CONTAINED IN THIS PUBLICATION SHALL BE CONSTRUED AS TO MAKE A REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE MERCHANTIBILITY, COMPLETENESS, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION HEREIN IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND THEREFORE ARE NOT AN OFFER TO BUY OR SELL A SECURITY. NEITHER SUSTAINALYTICS NOR ALL ITS THIRD-PARTY SUPPLIERS PROVIDE INVESTMENT ADVICE (AS DEFINED IN THE APPLICABLE JURISDICTION) OR ANY OTHER FORM OF (FINANCIAL) ADVICE AND NOTHING WITHIN THIS PUBLICATION/REPORT CONSTITUTES SUCH ADVICE. The information is provided “as is” and, therefore Sustainalytics assumes no responsibility for errors or omissions. Sustainalytics cannot be held liable for damage arising from the use of this publication or information contained herein in any manner whatsoever “and “Copyright © Sustainalytics (year of publication), All rights reserved."
15.24 FactSet Research Systems, Inc. Select Equity Ownership Content Provided by FactSet Research Systems, Inc. Underlying ownership data, Copyright © 2020 FactSet Research Systems Inc. All rights reserved.
15.25 National Association of Insurance Commissioners (NAIC). Certain Loan Ownership Data Provided by National Association of Insurance Commissioners (NAIC). Data Source: National Association of Insurance Commissioners, by permission. The NAIC does not endorse any analysis or conclusions based upon the use of its data.
15.26 Trepp UK Limited. Certain Collateralized Loan Obligation Data Provided by Trepp UK Limited. All rights reserved. Trepp provided data is “as is” without warranty of any kind and Trepp expressly disclaims the implied warranty of merchantability and fitness for any particular purpose.
15.27 Markit Group Ltd. Certain Loan Reference Data Provided by Markit Group Ltd. Source: Markit Group Ltd. Such data is subject to the following legends and disclaimers:
Neither Markit, its affiliates nor any third party data or service provider makes any warranty, express or implied, as to the accuracy, completeness or timeliness of the data contained herewith nor as to the results to be obtained by recipients of the data. Neither Markit, its Affiliates nor any third party data or service provider shall in any way be liable to any recipient of the data for any inaccuracies, errors or omissions in the Markit data, regardless of cause, or for any damages (whether direct or indirect) resulting there from.
Opinions, estimates and projections in this report do not reflect the opinions of Markit or its affiliates. Markit has no obligation to update, modify or amend this report or to otherwise notify a reader thereof in the event that any matter stated herein, or any opinion, projection, forecast or estimate set forth herein, changes or subsequently becomes inaccurate.
Without limiting the foregoing, neither Markit, its affiliates nor any third party data or service provider shall have any liability whatsoever to you, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by you as a result of or in connection with any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by you or any third party, whether or not based on the data, content, information or materials contained herein.
15.28 Thomson Reuters Municipal Market Data (MMD). Select Municipal Market Data information provided by Thomson Reuters Municipal Market Data (MMD) Municipal Yield Curve and Early Read data provided by MMD. Ipreo reserves the right to remove MMD content for non-subscribers. Email firstname.lastname@example.org or call 1-800-367-8251 for full MMD access. For more information see www.tm3.com.
15.29 Intercontinental Exchange Group (ICE). Select Treasuries information provided by Interactive Data Corporation, a wholly owned subsidiary of Intercontinental Exchange Group (ICE)
15.30 Econoday, Inc. Certain Basic U.S. and U.S. Treasuries Data provided by Econoday, Inc. Important legal notice: Econoday has attempted to verify the information contained in this calendar. However, any aspect of such info may change without notice. Econoday does not provide investment advice, and does not represent that any of the information or related analysis is accurate or complete at any time. © 2020 Econoday Inc. All rights reserved.
15.31 SONIA and SONIA Compounded Index are copyright the Bank of England. The trade marks “Bank of England” and “SONIA” are registered trade marks of the Bank of England. All Rights Reserved. The SONIA benchmark and SONIA Compounded Index include the proprietary information of the Bank of England and the data comprising the SONIA benchmark and SONIA Compounded Index may not be copied or distributed except as specifically authorised. The SONIA benchmark and SONIA Compounded Index are not intended to be relied upon as authoritative or taken in substitution for the exercise of judgement and do not constitute investment advice. The SONIA benchmark and SONIA Compounded Index are not, and should not be construed as, an offer, bid or solicitation in relation to any financial instrument. The Bank of England does not guarantee, and expressly disclaims any liability for, and makes no representations or warranties whether express or implied, as to the currency, accuracy, timeliness, completeness or fitness for any particular purpose of the SONIA benchmark or the SONIA Compounded Index. The Bank of England accepts no liability whatsoever for any loss (including, but not limited to any direct, indirect or consequential loss, whether or not such loss is foreseeable and whether or not the Bank of England has been appraised of the use to which the SONIA benchmark or SONIA Compounded Index will be put) howsoever arising from the use, the timeliness of delivery or the failure of delivery of the SONIA benchmark or SONIA Compounded Index.
15.32 NATIONAL ASSOCIATION OF REALTORS® Data used with the permission of the NATIONAL ASSOCIATION OF REALTORS®. Copyright 2020 NATIONAL ASSOCIATION OF REALTORS®. Such data shall not be redistributed in any way without permission of the NATIONAL ASSOCIATION OF REALTORS®. Information has been obtained by the NATIONAL ASSOCIATION OF REALTORS® from sources believed to be reliable. However, because of the possibility of human or mechanical error by the NATIONAL ASSOCIATION OF REALTORS® or others, NATIONAL ASSOCIATION OF REALTORS® does not guarantee the accuracy, adequacy, or completeness of any information and is not responsible for any errors or omissions or the results obtained from the use of such information and EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE DATA PROVIDED.
15.33 IBOR Fallback Rates Data - BLOOMBERG is a trademark and service mark of Bloomberg Finance L.P. ("BFLP"). ISDA is a trademark and service mark of the International Swaps and Derivatives Association, Inc. ("ISDA"). LIBOR® and ICE LIBOR® are trademarks of ICE Benchmark Administration Limited and/or its affiliates (collectively, “ICE”) and are used with permission under licence by ICE. Bloomberg Index Services Limited ("BISL" and, collectively with BFLP and their affiliates, "Bloomberg") maintains and calculates the ‘fallback’ data comprising the 'all in' fallback rates and their component parts, the adjusted ‘risk-free’ reference rates and the spread adjustment (collectively with any other data or information relating thereto or contained therein, the “Fallback Rates Data") under an engagement between BISL and ISDA. To the extent Bloomberg uses LIBOR in the determination of certain Fallback Rates Data, it does so under licence from ICE. None of Bloomberg, ISDA or, where applicable, ICE guarantees or makes any claim, prediction, warranty or representation whatsoever, express or implied, regarding the timeliness, accuracy, completeness of, or fitness for a particular purpose with respect to, the Fallback Rates Data and each shall have no liability in connection with the Fallback Rates Data. Without limiting the foregoing, to the fullest extent permitted by applicable law, none of Bloomberg, ISDA or, where applicable, ICE will be liable in contract or tort (including negligence), for breach of statutory duty or nuisance, or under antitrust laws, for misrepresentation or otherwise, in respect of any inaccuracies, errors, omissions, delays, failures, cessations or changes (material or otherwise) in the Fallback Rates Data, or for any damage, expense or other loss (whether direct or indirect) suffered by any person arising out of or in connection with the Fallback Rates Data or any reliance placed upon it by any person, and all implied terms, conditions and warranties, including, without limitation, as to quality, merchantability, fitness for purpose, title or non-infringement, in relation to the Fallback Rates Data, are hereby excluded. None of Bloomberg, ISDA or, where applicable, ICE makes any representations regarding whether the Fallback Rates Data would be appropriate for derivative or non-derivative financial instruments, including derivatives transacted outside of standard ISDA documentation and related protocols. Market participants are encouraged to consider and analyze the details of the Fallback Rates Data and determine independently whether they would be appropriate for any such use.
Where Fallback Rates Data is used by IHS Markit as an input into: (i) a transaction, valuation, payment amount or settlement price and/or amount of an Approved Financial Product, or (ii) an index or benchmark, or constituents in any index or benchmark, and such Fallback Rates Data is disclosed by IHS Markit to you, you may only use it to identify how the Fallback Rates Data is used in connection with such use set out at (i) and (ii). “Approved Financial Product” means all financial products (created by any entity) incorporating or based upon ISDA Documentation for which the Fallback Rate(s) act as fallbacks as well as all other derivatives as well as cash security instruments, including, but not limited to, bonds, FRNs, loans and mortgages that have opted to use the Fallback Rate(s) as fallbacks in use cases not covered by ISDA Documentation. “ISDA Documentation” means standard documents produced and maintained by ISDA (such as the Supplement to the 2006 ISDA Definitions and related protocols) or instruments that incorporate such ISDA-maintained documents, including by exchange, clearing or other rule or reference.
Any other usage of any Fallback Rates Data (including pursuant to the usage terms referenced below) is prohibited without a separate agreement with Bloomberg in respect of such usage, unless otherwise agreed in writing.
For further information regarding the usage terms relating to the Fallback Rates Data, please refer to www.bloomberg.com/libor and https://assets.bbhub.io/professional/sites/27/ISDA-IBOR-Fallbacks-Web-Terms1.pdf (as may be updated from time to time).
15.34 Federal Reserve Bank of New York - SOFR Data
15.35 European Central Bank
The euro short-term rate “€STR ©” is the copyright of the European Central Bank. Disclaimer: The euro short-term rate – €STR, and any re-publication thereof (the “rate”) and all other related data and information, including the compounded euro sort-term rate average rates and the compounded euro short-term rate index, (the “information”) are published by the European Central Bank (ECB) for public information purposes only. The ECB and the Eurosystem national central banks, in so far as they contribute to the euro short-term rate determination process, shall not be liable for any error or inaccuracy in the rate or the information, for any delay in updating the rate or the information, nor shall they be liable or responsible for any reliance on or use of or inability to use the rate on the information in any financial instrument, contract, trade or any other commercial activity or investment decision. The ECB makes no representations or warranties, express or implied as to the currency, accuracy, timeliness, completeness, merchantability, or fitness for purpose of the rate or the information. The ECB accepts no liability or responsibility for any loss, damage, expense or claim (including, but not limited to any direct, indirect or consequential loss, whether or not such loss is foreseeable and whether or not the ECB has been apprised of the use to which the rate or the information will be put), however arising, from reliance on, use of or inability to use the rate or the information.
This disclaimer is not intended to limit the ECB’s non-contractual liability in contravention of any requirement which accord with the general principles common to the laws of Member States or to exclude its liability for matters which cannot be excluded under such laws.
15.36 Bank of Japan - TONAR
The Tokyo Overnight Average Rate – TONAR, is the copyright of the Bank of Japan. Disclaimer: The Bank of Japan takes all reasonable measures to ensure the accuracy of the TONAR rate. However, the Bank of Japan assumes no responsibility for consequences arising in connection with the use of the TONAR rate.
Copyright © 2020 IHS Markit. All rights reserved.
Last Updated: December 2021