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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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