Proprietary Rights Notice
Moody's© Copyright 2001, Moody's Investors Service, Inc. ("Moody's"). Moody's ratings ("Ratings") are proprietary to Moody's and are protected by copyright and other intellectual property laws. Ratings are licensed to UBS AG 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 of Moody's Investors Service, Inc..
1. Proprietary Notice; Service provided solely for Client's internal or personal use; No Redistribution to Third Parties.
ALL MOODY'S RATINGS ("RATINGS"), FURNISHED BY UBS AG PURSUANT TO THIS SUBSCRIPTION AGREEMENT ARE PROPRIETARY TO MOODY'S INVESTORS SERVICES, INC. ("MOODY'S") AND ARE SO FURNISHED AT CLIENT'S REQUEST AND FOR CLIENT'S EXCLUSIVE USE. NO RATINGS 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 CLIENT OR ANY OTHER PERSON OR ENTITY, WITHOUT UBS AG'S PRIOR WRITTEN CONSENT.
2. No Warranties; Limitation on Liability; Liability Cap.
All Ratings furnished pursuant to this Agreement are obtained by Moody's from sources believed by it to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, however, all Ratings are provided "AS IS" without warranty of any kind, and UBS AG AND MOODY'S MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO CLIENT OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATINGS.
Under no circumstance shall UBS AG or Moody's have any liability to Client or any other person or entity for (a) any loss, damage or other injury in whole or in part caused by, resulting from or relating to, any error (negligent or otherwise), or any other circumstance or contingency within or outside the control of UBS AG or any of its directors, officers, employees or agents, or Moody's, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any Ratings, or (b) any direct, indirect, special, consequential, incidental or compensatory damages whatsoever (including, without limitation, lost profits), even if UBS AG OR MOODY'S shall have been advised in advance of the possibility of such damages, in either case caused by, resulting from or relating to the use of, or inability to use, any RATINGS.
Furthermore, it is expressly agreed that UBS AG or Moody's aggregate liability, if any, for any losses or injuries to Client arising out of any act or omission of UBS AG or Moody's in connection with anything to be done or furnished hereunder, regardless of the cause of the loss or injury and regardless of the legal right claimed to have been violated, shall never exceed £100 in the case of UBS AG or, in the case of Moody's, the fee paid by Client for access to the Ratings provided by Moody's hereunder in the month in which such cause of action is alleged to have arisen.
3. Moody's Rights to Data
Client agrees and acknowledges that the Ratings are and shall remain the valuable intellectual property owned by, or licensed to, Moody's and that no proprietary rights are being transferred to Client in such materials or in any of the information contained therein. Client agrees that misappropriation or misuse of such materials shall cause serious damage to Moody's and that in such event money damages may not constitute sufficient compensation to Moody's; consequently, Client agrees that in the event of any misappropriation or misuse, Moody's shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which Moody's may be entitled.
Client agrees and acknowledges that the CUSIP Database is and shall remain the valuable intellectual property owned by, or licensed to, Standard & Poor's CUSIP Service Bureau ("CSB") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to Client in such materials or in any of the information contained therein. Client agrees that misappropriation or misuse of such materials shall cause serious damage to CSB and ABA and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, Client agrees that in the event of any misappropriation or misuse, CSB and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CSB and ABA may be entitled.
5. Limitations on Client's Use
Notwithstanding the provisions of Clause 4.4 of the System Use Agreement, Client may, as part of and in the ordinary course of its business, redistribute (orally, in writing or by electronic means) to its clients and in its own business applications, reports, presentations, graphs and other publications limited excerpts of the Ratings without Moody's prior written consent, provided, however, that (i) the Ratings utilized are only supportive and incidental in nature to the substance of such presentations, reports and exhibits, (ii) Client agrees and acknowledges that Client shall assume full liability for any such redistribution of the Ratings, and (iii) Client agrees not to use the limited right to redistribute the Ratings provided pursuant to this Agreement either (a) on a recurrent basis or (b) to develop for sale and/or distribution or otherwise a product that competes with any UBS AG or Moody's product, or in the case of CUSIP Numbers and Standard Descriptions a product that substitutes for CUSIP Master Tape, Print, Electronic and/or CD-ROM Services, or in the case of Ratings a product that substitutes for Ratings. In the event Client makes such use of limited excerpts of the Ratings as permitted above, it shall give appropriate credit to Moody's as the source of such information.
In the event that Client has access to any FTSE indices by means of the System, and makes use of any data contained in such indices, Client shall attribute the source of such data to FTSE and ensure that any reference to any FTSE trademarks in any documents acknowledges FTSE's rights in such trademarks. Client shall not use such data for any purpose that is subject to a separate licence by FTSE.
“UBS is licensed by FTSE International Limited (“FTSE”) to publish the FTSE Indices. FTSE shall not be responsible for any error or omission in the FTSE Indices. The FTSE Indices are calculated in accordance with a standard set of ground rules established by FTSE in conjunction with the Institute and Faculty of Actuaries. All copyright in the index values and constituent list vests in FTSE International Limited or its licensors.
The FTSE Eurotop Indices are calculated by FTSE in conjunction with Euronext N.V. or its subsidiaries (“Euronext”) (and the Institute and Faculty of Actuaries) in accordance with a standard set of ground rules. The Eurotop 100 Index is a trade mark of Euronext and is used by FTSE under licence. The FTSE Eurotop 100 Index is the proprietary interest of Euronext and FTSE. All copyright in the FTSE Eurotop 100 index values and constituent list vests in Euronext and FTSE jointly. The FTSE Eurotop 300 Index is the proprietary interest of FTSE. All copyright in the FTSE Eurotop 300 index values and constituent list vests in FTSE. FTSE and Euronext shall not be responsible for any error or omission in the FTSE Eurotop Indices.
The FTSE €Stars index is calculated by FTSE in accordance with a standard set of ground rules established by FTSE. “FTSE ?Stars™" and the ?Stars logo are trade marks of FTSE. All copyright in the index values and constituent list vests in FTSE. FTSE shall not be responsible for an error or omission in the FTSE €Stars Indices. © FTSE International Limited 2009. All rights reserved.”
Dow Jones Indices
TERMS AND CONDITIONS OF USE OF DOW JONES INDEXESSM
BY ACCESSING AND USING THE DATA RELATED TO DOW JONES INDEXESSM (INCLUDING, WITHOUT LIMITATION, THE INDEX VALUES, HEREAFTER COLLECTIVELY "DOW JONES INDEXESSM") ON THIS WEB SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS MADE AFTER APRIL 2010. IF ANY OF THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS OR USE DOW JONES INDEXESSM.
GENERAL TERMS AND CONDITIONS OF USE
Dow Jones IndexesSM (including, without limitation, the Dow Jones Averages, Dow Jones Global Indexes, Dow Jones Titans Indexes, Dow Jones Islamic Market Indexes, Dow Jones Sustainability Indexes and Dow Jones-UBS Commodity Indexes) are proprietary to CME Group Index Services LLC (“CME Indexes”) and/or its licensors. By accessing and using the Dow Jones IndexesSM, you are indicating that you are at least 18 years old, and you agree to be bound by all these Terms and Conditions of Use. You may print and keep a copy of these Terms and Conditions of Use, but CME Indexes may change any of these terms at any time. When the terms are changed, the changes will appear in this document. Your use of Dow Jones IndexesSM after any changes have been posted will constitute your agreement to the modified Terms and Conditions of Use. Therefore, you should read these Terms and Conditions of Use from time to time. If you do not agree to be bound by these Terms and Conditions of Use or any changes thereto, you should not use Dow Jones IndexesSM again.
PROPRIETARY RIGHTS AND LIMITATIONS ON USE
Dow Jones IndexesSM are protected by copyright and other intellectual property laws. Dow Jones IndexesSM may be used only for your personal, non-commercial purposes. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from or store the Dow Jones IndexesSM (or any portion thereof), without the express prior consent of CME Indexes. You may not use Dow Jones IndexesSM for any unlawful purpose.
All trade names, trademarks, service marks associated with the Dow Jones IndexesSM (whether registered or unregistered) (the "Marks") are proprietary to CME Indexes and/or its licensors and are protected by applicable trademark laws. Nothing contained in this web site should be construed as granting any license or right to use any of the Marks displayed here without the express written permission of CME Indexes or its applicable licensors. Any unauthorized use of the Marks is strictly prohibited.
Also, you may not use any of the Dow Jones IndexesSM or the Marks in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the Indexes) without a separate written agreement with CME Indexes. Further, neither CME Indexes nor its licensors is giving investment advice, tax advice, legal advice, or other professional advice by providing the Dow Jones IndexesSM, and neither CME Indexes nor its licensors sponsor, recommend or endorse the purchase or sale of any security or investment.
If you violate any of these terms and conditions, CME Indexes has the right to terminate your access to all or any portion of the Dow Jones IndexesSM immediately without notice. Your right to use the Dow Jones IndexesSM is subject to any limits established by CME Indexes in its sole discretion.
DISCLAIMER OF WARRANTIES AND LIABILITY DOW JONES INDEXESSM ARE PROVIDED TO YOU "AS IS". NEITHER CME INDEXES, DOW JONES & COMPANY, INC. (“DOW JONES”) NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS WARRANTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DOW JONES INDEXESSM. ALTHOUGH CME INDEXES MAKES REASONABLE EFFORTS TO COMPLY WITH ITS GUIDELINES REGARDING THE SELECTION OF COMPONENTS IN THE DOW JONES ISLAMIC MARKET INDEXES, CME INDEXES CANNOT GUARANTEE OR WARRANT THAT THOSE INDEXES OR THE DATA RELATED THERETO WILL COMPLY WITH SHARIAH LAW OR OTHER ISLAMIC PRINCIPLES AND CME INDEXES EXPRESSLY DISCLAIMS ANY SUCH WARRANTY. NEITHER CME INDEXES NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY FROM USE OF THE DOW JONES INDEXESSM CAUSED IN WHOLE OR PART BY CME INDEXES’ NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE DOW JONES INDEXESSM. IN NO EVENT WILL CME INDEXES, DOW JONES OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE DOW JONES INDEXESSM. NEITHER CME INDEXES, DOW JONES NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONAL TERMS
CME Indexes may discontinue or change the Dow Jones IndexesSM, or their availability to you, at any time without notice. If any provision in these Terms and Conditions of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms and Conditions of Use, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the State of New York, as if these Terms are a contract wholly entered into and wholly performed within the State of New York. These Terms and Conditions of Use constitute the entire agreement between you and CME Indexes relating to the Dow Jones IndexesSM, and they supersede any and all other agreements, oral or in writing, with respect to the indexes. The failure of CME Indexes to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. Certain market data is provided by Reuters for use in calculating the Dow Jones IndexesSM. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.
The Dow Jones IndexesSM are proprietary to and distributed by CME Indexes and have been licensed for use. “Dow Jones Indexes” is a licensed trademark of CME Indexes and is a proprietary service mark of Dow Jones Trademark Holdings LLC.
Chicago Merchantile Exchange
- The market data is the property of Chicago Merchantile Exchange Inc. ("CME") and its licensors. All rights reserved.
- Delayed Information is subject to the following:
(a) the Delayed Information is for the recipient's own personal use and may not be redistributed without permission of CME, which may depend on execution of an agreement and payment of the applicable fee;
(b) CME and its licensors reserve all Intellectual Property Rights to Information;
(c) CME disclaims all liability for Information and use thereof, and any and all losses, damages or claims arising from use of Information;
CME kann den Empfang oder die Anzeige der Informationen durch eine Partei unterbrechen oder beenden, wenn CME Grund zur Annahme hat, dass die Informationen missbraucht oder falsch wiedergegeben werden.
ICE Market Data (ICE Futures U.S., Europe and Canada)
Property in Ice Market Data: You acknowledge and agree that all title in the ICE Market Data belongs to ICE or its affiliates and that ICE and its affiliates have exclusive and valuable property rights in and to the ICE Market Data. You acknowledge that no title or rights in the Ice Market Data are transferred to you pursuant to these Terms or your access to the Ice Market Data, other than as specifically set out in these Terms.
Use of ICE Market Data:
ICE Market Data is being provided only for your (a) trading, for your own account or for the account of your customers, of commodity futures contract, options on commodity futures contract, or similar instruments, and/or(b) evaluating, for your own internal business decisions or advice to your customers, the movements or trends in markets for commodity futures contracts, options on commodity futures contracts, or like instruments.
ICE Market Data may not be redistributed without permission of ICE; redistribution may depend on additional market data agreements and/or payment of fees for this access.
The scraping of ICE Market Data from this website for the purpose of extracting data automatically from this website is strictly prohibited BY ICE. ICE (or its affiliates, agents or contractors) may take all necessary actions to ensure that access to this data is removed from entities carrying out or reasonably believed to be carrying out web scraping activities.
We reserve the right in our absolute discretion to monitor, suspend, revoke, or otherwise limit access to the ICE Market Data by you at any time. You agree not to use the ICE Market Data in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person, and you agree to indemnify us and hold us harmless against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by us by reason of any breach of such responsibilities.
We (Client) hereby expressly acknowledge, warrant and agree, as conditions of the agreement between us (Client) and UBS, that:
- The Market Data provided to us on a Real-Time Basis relating to the trading operations at Singapore Exchange Securities Trading Limited ("SGX-ST") is confidential and remains thevaluable property of SGX-ST, and it is a condition of its supply to us that we will only use it on the basis set out in this agreement, and no other.
- We will not, without SGX-ST's prior written consent, authorise or allow any modifications to the equipment, apparatus, and wires by which the Market Data is transmitted to us directly or indirectly by UBS.
- We have authority to bind all our Subscriber Location(s).
- At all reasonable times during normal hours, any person or persons designated by UBS shall have access to all Subscriber Locations (including branch offices). They shall have the right to observe the use being made of the Market Data and the right to examine and inspect all instruments, apparatus and Terminals used in connection with the receipt and processing of Market Data on a Delayed/Real-Time Basis in the particular Subscriber Location
- We agree and undertake to give to such persons as SGX-ST may designate, from time to time, full and free access to our premises set out above and/or any other premises at which the Market Data is received at any and all reasonable times during normal business hours. We shall permit such persons to observe the use made of the Market Data at such premises and to examine and inspect all instruments and apparatus used at such premises in connection with the Market Data.
- The transmission of Market Data is conditioned upon a strict compliance on our part with the provisions set forth herein, and UBS may, with or without notice, discontinue transmission whenever in UBS's judgment there has been any breach by us, or by the entities for whom we have entered into this Agreement, of any of those provisions, or whenever directed to do so by SGX-ST.
- Neither UBS nor SGX-ST guarantee the sequence, timeliness, accuracy or completeness of any of the Market Data. Subject to Clause 10, neither UBS nor SGX-ST, shall be liable for non-performance or interruption of transmission due to any cause whatsoever, including any omission or negligence on the part of UBS and/or SGX-ST. Neither UBS nor SGX-ST, shall be liable for any reason whatsoever to us or to any other person, firm or corporation for any delays, inaccuracies, errors or omissions in the Market Data, or in the transmission thereof, or for any damages arising therefrom or occasioned thereby, including economic, financial, material, personal or consequential loss or damage.
- Subject to Clause 10, SGX-ST shall not be liable in any way whatsoever to UBS, its Clients or any person, company or other entity whatsoever for any economic, financial, material, consequential, or personal losses or damage resulting from actions or decisions based on, or as a result of, Market Data received directly or indirectly from UBS.
- We hereby indemnify and agree to keep indemnified each of UBS, SGX-ST and their respective officers, employees and agents against all loss, actions, proceedings, costs, claims and damages arising from:
(i) any breach by us of our obligations under this Agreement;
(ii) reliance by third parties on Market Data obtained through, or from, our utilisation of the transmission of Market Data; and
(iii) any defect in or abuse or misuse or failure of operation or performance or breakdown of such equipment or any part or parts thereof at any time during the term of this agreement.
- We acknowledge that SGX-ST has retained rights under its agreement with UBS to terminate the transmission of Market Data to UBS on short notice and that if SGX-ST elects to exercisethose rights then UBS will not be in a position to continue transmissions to us.
- We shall not use or permit the Market Data to be used other than for our own internal purposes, and shall not permit any third party to use or distribute the Market Data or purport to do any of the same.
- We agree and undertake that during the term of this Agreement and thereafter we will keep confidential and save as expressly provided in this Agreement will not without the prior written consent of SGX-ST disclose to any third party any and all Confidential Information (including without limitation the Market Data).
- JS Price is a theoretical price developed jointly by Nihon Keizai Shimbun, Inc., Financial Technology Research Institute, Inc., Nomura Securities Co., Ltd., and Nomura Research Institute, Ltd., (hereinafter collectively referred to as "NIKKEI and Nomura") aiming at accurately reflecting the current bond market and, therefore, becoming the standard for mark-to-market evaluation of individual bond prices.
- JS Price is a product of calculation by a unique method developed independently by NIKKEI and Nomura. NIKKEI and Nomura hold all intellectual property rights including, but not limited to, copyrights on JS Price itself and the method of calculating JS Price.
- NIKKEI and Nomura holds all intellectual property rights including, but not limited to, rights to trademarks with respect to the marks representing JS Price.
- NIKKEI and Nomura have no obligation to continuingly publish JS Price and shall not be in any way liable for errors, delay, and discontinuation of the publication of JS Price.
- NIKKEI and Nomura hold rights for altering the method of JS Price calculation and other JS Price contents, and for discontinuing the publication of JS Price.
- Client shall provide on request all information requested by UBS or Euronext for auditing or compliance purposes, and shall allow rights of audit by UBS, Euronext or their appointed representatives.
- Client shall use the Market Data only for its own internal business use and shall not redistribute the Market Data to any of the Client's group of companies without the prior written consent of Euronext.
- Client acknowledges that Euronext shall be entitled, at its sole discretion, to discontinue dissemination of the Market Data in the event of any failure by the client to meet its obligations under the Agreement.
- Client may:
(a) only communicate limited extracts (i.e. purely ad hoc and insubstantial extracts) of Real Time Information, provided that any such extract
(i) is not continuous;
(ii) does not constitute updating in Real Time;
(iii) is made on either an infrequent or irregular basis;
(iv) is incidental to the purpose of the Client's principal business;
(v) cannot be used as a substitute for anyservice or any substantial part of it;
(vi) has no independent commercial value;
(vii) is not separately charged for;
(viii) is not made in connection with commercial information broking, information vending, publishing or credit rating, nor for substantial reproduction through the press or media, nor for transmission via any private or public network, cable or satellite system; and
(b) not delete any copyright or proprietary notice contained in the Information.
- Client recognises
(a) that Euronext owns the Intellectual Property Rights in the Market Data; an
(b) that the Information is provided subject to the terms of a separate agreement with Euronext.
Oslo Børs informasjon as ("OBI")
- Client shall not delete any copyright or proprietary notice contained in Market Data. Client shall provide on request all information requested by UBS or OBI to invoice applicable fees or monitor compliance with this Agreement. Client shall allow OBI, UBS or their appointed representatives a right of audit at its premises for these purposes.
- The Equity Indices are based on MSCI's Classification Model (Global Industry Classification Standard – GICS). A description of the GICS is publicly available on OBI's website. Client may not redistribute the description of the GICS to any third party. The GICS is developed by and is the exclusive property of and service mark of Morgan Stanley Capital International Inc. (MSCI) and Standard and Poor's (S&P). It has been licensed for use by OBI, and UBS is entitled to redistribute the classifications and products based on classifications made by MSCI and S&P to Client. Client is entitled to make use of the GICS solely for the purpose of understanding the Market Data. Client may not use the GICS to create a classification designation in any way. Client acknowledges that MSCI is the sole and exclusive owner of all right, title and interest in and to the GICS. Client agrees that the rights granted hereunder
convey no right, title or interest in or to the GICS to Client. Client shall not use the GICS in any way other than as expressly provided herein. Neither MSCI nor S&P nor any other party involved in or related to the compilation or creation of the GICS makes any express or implied warranties or representations with respect to this Market Data (or the results to be obtained by the use thereof), and MSCI and S&P and any other party involved in or related to the compilation or creation of the GICS hereby expressly disclaim all warranties of originality, accuracy, completeness, merchantability or fitness for a particular purpose with respect to any of this Market Data. The Equity Indices are not issued, sponsored, endorsed, sold or
promoted by MSCI or S&P.
SWX Europe and SIX Swiss Exchange ("EXFEED Limited")
- Client shall not misrepresent Market Data or display Market Data in such a way as may create a false or misleading impression as to the origin, meaning or value of any item of Market Data. Client shall use its best efforts to credit EXFEED Limited as the source of the Market Data and shall not alter, deface or remove any trademarks, trademark notices or copyright notices transmitted with the Market Data.
- Client shall maintain all records and provide all information required by UBS to meet UBS' record-keeping, reporting and payment obligations to EXFEED Limited.
- Client shall allow EXFEED Limited or any independent auditors acting on behalf of EXFEED Limited to audit Client's records and use of Market Data.
Wiener Börse.at ("WBAG")
- Client shall not use or permit the Market Data to be used other than for his own internal purposes and shall not permit any third party to use or distribute the Market Data or purport to do any of the same.
- Client acknowledges that Market Data is only intended for the Client's private purpose and is not eligible for forwarding or reselling or for any other commercial or non-commercial use.
- Client shall not redistribute any Market Data received from UBS. Client acknowledges that itis expressly forbidden under any circumstances whatsoever, whether directly or indirectly, whether by a person's own actions or through any other individual or legal entity: (a) to transmit any Market Data received, in whole or in part, to any third party, or (b) to facilitate access to such Market Data by any such third party.
- Client further acknowledges that any failure to comply with the provisions in the above paragraph shall entitle ATHEX to immediately cease the provision of Market Data.
London Stock Exchange
Client shall not redistribute Market Data, except that the Client may:
- reproduce excerpts from Market Data in printed documents for such other means as the Exchange may approve (in writing), for distribution to clients or potential client, in cases where the Client carries out a regulated activity within the meaning of the Financial Services and Markets Act 2000 or is required to be regulated by a body concerned with the regulation or supervision of investment or financial services; and/or
- provide the Market Data to their subsidiaries (as defined in Sections 736 and 736A of the Companies Act 1985) provided such subsidiaries do not re-distribute Market Data.
Sociedad de Bolsas
Client acknowledges that it has access to the Market Data only for the Client's sole and exclusive purpose and that it is not permitted to use the Market Data for any other purpose.
Deutsche Börse AG
Client shall use Market Data for its internal purposes only: onward dissemination of Market Data is prohibited.
Italian Stock Exchange
Client undertakes not to redistribute any Market Data.
Johannesburg Stock Exchange ("JSE")
UBS is licensed by the JSE to publish the Market Data on a delayed basis and on a live basis. The JSE shall not be responsible for any error or omission in the Market Data. All copyright and database rights in the Market Data belong to the JSE. Re-distribution of the data comprising the Market Data is not permitted without the express prior written consent of the JSE. Client agrees to acquaint itself with and comply with any restrictions or conditions imposed upon the use, access, or storage of the Market Data as may be required by the JSE or UBS including the condition that, in certain circumstances, Client will be required to enter into a separate agreement with the JSE or UBS.
Budapest Stock Exchange ("BSE")
Client acknowledges that:
(a) BSE and its licensors reserve all Intellectual Property Rights to the Market Data;
(b) BSE and its licensors accept no liability for the display of the Market Data or any losses or claims arising from use of the Market Data;
(c) Market Data is for the personal use of the Client and may not be redistributed by the recipient to any third party without the permission of BSE, which may depend on execution of an Agreement and payment if the applicable fee;
(d) BSE may suspend or terminate receipt of Market Data by any party if BSE has any reason to believe the Market Data is being misused or misrepresented.
Client shall not use, reproduce, display, perform, modify, transmit or distribute the Market Data without the prior written permission of UBS.
Hong Kong Exchange ("HKEx-IS")
- Client acknowledges that the Market Data is being derived from the Exchange and its format or editing is in no way misleading as to the nature or content of the Market Data.
- Client further acknowledges that HKEx-IS endeavours to ensure the accuracy and reliability of the Market Data but does not guarantee its accuracy or reliability and accepts no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.
Hang Seng Indexes Company Limited
Information 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 UBS AG provides any warranties of any kind in relation to such Information (including, without limitation, that the Information 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 Information referred to in this section, the subscriber or any party irrevocably and unconditionally accepts and agrees to be bound by this disclaimer.
Australia: ASX Market
- ASX grants to UBS a non-exclusive licence to transmit by electronic means Delayed Data to Clients provided that UBS shall include in its transmissions of Delayed Data on each page or screen page a clear statement informing the Client that the information has been delayed by at least twenty (20) minutes and that it is not real-time information. UBS agrees to take reasonable steps to comply with such other requirements which ASX may from time to time adopt to ensure that Clients are not mislead as to the nature of Delayed Data.
- UBS will ensure that they shall insert on their respective websites that the Client agrees to terms and conditions specifying that
(a) the Client will not do any act or thing that UBS has agreed not to do so under section 4 below.
(b) the Client will not supply or make available or permit to be supplied or made available the Delayed Data to any third person (except by way of fair dealing for the purpose of research, private study, criticism or review) unless UBS first enters into a separate written agreement with ASX governing the wholesale supply of the Delayed Data.
- UBS will not do any act or thing which aids, counsels another to do, consents to or procures the doing of the actions set out in section 2 above.
- UBS will not, whether alone or in conjunction with any other person:
(a) make available the Delayed Data to Clients other than by transmission by electronic means
(b) supply, show or make available or permit to be supplied, shown or made available the Delayed Data to any person other than the Client; or
(c) use the Delayed Data to establish, maintain or provide, or assist in establishing,maintaining or providing a market for trading in Financial Products which is not authorised by law.
Dow Jones and AWP
The Dow Jones and AWP content is the property of Dow Jones and AWP or their licensors, and is protected by copyright and other intellectual property laws. If you are an individual, you agree not to store, copy, reproduce, modify, distribute, transmit, display, perform, publish, transfer, create derivative works from, broadcast or circulate any Dow Jones or AWP content to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Dow Jones and AWP. If you are an entity, you agree not to permit access to the Dow Jones or AWP content by anyone other than an employee of you.
Notwithstanding the foregoing, the Dow Jones or AWP content may be copied and sent without charge in the ordinary course of business provided all copyright and other proprietary rights notices, the original source attribution, and the phrase "Used with permission from Dow Jones & Company" for Dow Jones content or "Used with permission from AG für Wirtschafts-Publikationen (AWP)" for AWP content are included. Dow Jones and AWP content may only be used in this way for a non-commercial purpose, meaning such copying:
is made on either an infrequent or irregular basis to a limited number of individuals;
is incidental to the purpose of your principal business;
cannot be used as a substitute for any Dow Jones and AWP content or any substantial part of it;
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