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This Web Page details the terms of a legal agreement (the "Terms of Use") between you and Markit Group Limited ("Markit"). By accessing this Website, currently located at www.markit.com, you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this Website, the use of the Internet, and to the activities involved in using this Website. If you do not agree with these Terms of Use, then do not use this Website. Where you have subscribed to Markit Services (“Services”) by way of executing, with Markit, a written agreement (‘Agreement’) and addenda (‘Addenda’), then these Terms of Use shall be supplemental to such documentation. Use of this Website is subject to all of the terms, conditions and restrictions of the Agreement and Addenda between Markit and you or the entity through which you were provided a Log-in ID and Password. By accessing this Website, you acknowledge that you have read and are bound by all of the terms, conditions and restrictions contained in such Agreement and Addenda. If you require a copy of the Agreement and Addenda please contact your company's contract administrator. 1. Website- 1.1 Access to Website. Markit agrees to provide you with access to this Website, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, information, data and material therein (“Content”) subject to these Terms of Use.
- 1.2 USE OF WEBSITE. YOU WILL NOT IN CONNECTION WITH YOUR USE OF THIS WEBSITE: (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 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 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 THE 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 THE WEBSITE, OR ANY OTHER CUSTOMER OF MARKIT, INCLUDING ANY MARKIT ACCOUNT NOT OWNED BY YOU; (F) PROBE, SCAN OR TEST THE VULNERABILITY OF THE WEBSITE OR ANY NETWORK CONNECTED TO THE 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 THE WEBSITE OR MARKIT’S SYSTEMS OR NETWORKS, OR ANY SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE OR TO 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 "DEEP-LINK", "PAGE-SCRAPE", "ROBOT", "SPIDER" OR OTHER AUTOMATIC DEVICE, PROGRAM, ALGORITHM OR METHODOLOGY, OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY OR MONITOR ANY PORTION OF THE WEBSITE OR ANY CONTENT, OR IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE WEBSITE OR ANY CONTENT, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE WEBSITE. MARKIT RESERVES THE RIGHT TO BAR ANY SUCH ACTIVITY.
2. CONTENT- 2.1 USE OF CONTENT. UNLESS PROVIDED OTHERWISE IN ANY ADDENDUM, YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOU ARE EXPRESSLY PROHIBITED FROM (I) MAKING AVAILABLE ALL OR ANY PORTION OF THE CONTENT TO ANY OTHER PERSON OR ENTITY, EXCEPT AS EXPRESSLY PERMITTED IN THIS TERMS OF USE OR IN AN ADDENDUM; AND (II) CREATING DERIVATIVE WORKS FROM THE CONTENT; AND (III) USING THE CONTENT IN THE PROVISION OF ANY SERVICES TO THIRD PARTIES. IN ADDITION, YOU SHALL NOT (I) DISTRIBUTE, TRANSFER, SUB-LICENSE, RENT, LEND, TRANSMIT, SELL, RE-CIRCULATE, REPACKAGE, ASSIGN, LEASE, RESELL, PUBLISH, COPY, TRANSLATE, CONVERT, DECOMPILE, ALTER, ENHANCE, DISASSEMBLE, MODIFY, OR CHANGE ALL OR ANY PORTION OF THE CONTENT; (II) USE THE CONTENT FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE PROVISIONS OF THIS TERMS OF USE; NOR (III) USE CONTENT AND/OR MARKIT SYSTEMS IN ANY MANNER NOT PERMITTED HEREUNDER.
YOU MAY USE CONTENT (SUCH AS DATA SHEETS, KNOWLEDGE BASE ARTICLES, AND SIMILAR MATERIALS) PURPOSELY MADE AVAILABLE BY MARKIT FOR DOWNLOADING FROM THE WEBSITE, 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 SUCH DOCUMENTS. - 2.2 Modification of Website and Content. The Website and Content are subject to modification by Markit to reflect statistical, technical, administrative, market based or similar changes that Markit determines in good faith are required or desirable. Markit may also make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products or services, at any time, without notice. The materials on this Website with respect to products and services may be out of date, and Markit makes no commitment to update the materials on this Website with respect to such products and services.
- 2.3 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, any advice, recommendations, guidance, publications or alerts made available to your clients or other third parties. Nothing in the Content constitutes a solicitation by Markit of the purchase or sale of loans, securities or any investment.
- 2.4 Limited Use. 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 Markit product or service offered in the marketplace or would create a functional substitute for any such Markit products or Content; or (ii) any index (e.g., any composite financial index). You acknowledge that the use, dissemination or distribution by you of information identical or similar to that provided through the Content not in accordance with this Terms of Use shall be deemed a breach of these Terms of Use.
- 2.5 Delivery and Security. You shall solely be responsible for any and all necessary equipment and connections from its own computer systems to the Markit systems that will allow for the delivery of the Content. Markit shall have no responsibility for any such equipment or connections. You shall ensure that it has implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of the Content.
- 2.6 RED Entity CLIPS. To the extent any RED Entity CLIPS (means a unique 6-character CUSIP linked Entity Markit code identifier that has been assigned to the long legal name of the reference entity or the index) are made available or embedded within any Content to non-RED subscribers, you hereby acknowledge:
(i) such Entity CLIPS embedded in the Content shall be restricted for viewing purposes for the sole benefit of you only;
(ii) you shall not use internally or distribute any Entity CLIPS; and
(iii) Markit may terminate access to such Entity CLIPS at any time in its sole discretion. - 2.7 Use of Embedded Video. When using any video incorporated into this Website (“Video”) you must:
(i) Make the Video available to your website's end users for their personal use only;
(ii)Retain the headline and any byline associated with the Video;
(iii)Reproduce all Markit trade marks, logos and branding solely in the form and position provided in the Video; and (iv)Retain and not interfere with any advertising content that is embedded in the Video.
You must not:
(i)Edit, adapt, translate or otherwise alter the Video;
(ii)Distort the meaning or message of the Video by association, implication or juxtaposition;
(iii)Syndicate or otherwise charge a fee for access to the Video;
(iv)Use Video in a manner that could amount to derogatory treatment within the meaning of the Copyright, Designs and Patents Act 1988 or equivalent legislation; and
(v)Present Video or your web-site in a way that seeks to replicate, or pass off your website as a resource belonging to or endorsed by us.
3. Intellectual Property- 3.1 Intellectual Property. The ownership and intellectual property rights of the Website including all Content, models, software, data and any materials of the Content, including but not limited to the design, structure, selection, coordination, expression “look and feel” and arrangement of such Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of Markit and you shall not (i) copy or rely upon such material for any purpose including reverse engineering or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon Markit’s intellectual property rights in the Website. You acknowledge that the Website, was developed, compiled, prepared, revised, selected and arranged by Markit and others (including certain 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 Markit.
- 3.2 Trade Marks. You shall not use any of 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. /li>
4. Log-in- 4. Log-in. You acknowledge that log-on access codes and passwords, which are provided to you are for use only by the Designated Users (as defined in the Agreement and Addenda), and shall ensure that each log-on access code is kept confidential. You agree to accept sole responsibility for the use and protection of the passwords that Markit will present to you and Designated Users, including protecting the confidentiality of such passwords. You shall use commercially reasonable efforts to prohibit or cease any unauthorized access to the Markit Services on the Website. The log-ins provided by Markit are personal to certain Designated Users and may not be shared.
5. Disclaimer of Warranties and Limitation of Liability- 5.1 Disclaimer of Warranties. The Website and Content provided to you by Markit shall be on “as is” basis. Neither Markit, its affiliates nor any Data Provider make any warranty, express or implied, as to the accuracy, timeliness or completeness of the Content or as to the results to be attained by you or others from the use of the Content. You hereby acknowledge that there are no express or implied warranties of title, merchantability or fitness for a particular purpose or use, and that it has not relied upon any warranty, guaranty or representation made by Markit, its affiliates or any Data Provider, except the representations made by Markit specifically set forth in this Terms of Use.
- 5.2 No Liability. Neither 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, 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 the Content.
- 5.3 Consequential Damages. Under no circumstances will Markit have any liability arising from contract (including under any indemnity, in tort (including negligence), under any warranty (express or implied) under statute or otherwise, in each case for any indirect, incidental, special or consequential damages with respect to the subject matter of this Terms of Use, including lost of profits, regardless of whether such damages could have been foreseen or prevented.
6. Indemnification- 6.1 You will indemnify, defend and hold harmless 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 ("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 Markit Indemnitees arising from your use of this Website.
7. Violation of These Terms of Use- 7.1 You agree that Markit may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if Markit determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Markit, for which monetary damages would be inadequate, and you consent to Markit obtaining any injunctive or equitable relief that Markit deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Markit may have at law or in equity.
- 7.2 You agree that Markit may, in its sole discretion and without prior notice, terminate your access to the 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 the Website or any service offered on or through the Website, or (iv) unexpected technical issues or problems.
- 7.3 If Markit does take any legal action against you as a result of your violation of these Terms of Use, Markit will be entitled to recover from you, and you agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to Markit. You agree that Markit will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.
8. General- 8.1 Variation to Terms of Use. Markit reserves the right to change any or all of their Terms of Use at any time, for any reason or without reason. Your use of this Website following any change in the Terms of Use will constitute your agreement to be bound by the new Terms of Use, as changed.
- 8.2 Relationship between the Parties. There is no joint venture, partnership, agency or fiduciary relationship existing between the parties and the parties do not intend to create any such relationship by this Terms of Use.
- 8.3 Invalidity. If any provision in or any part of this Terms of Use shall be found to be illegal or unenforceable under any enactment or rule of law then that provision or part shall to that extent be deemed not to form part of this Terms of Use and the remaining provisions shall continue in full force and effect.
- 8.4 Governing Law. Your access to and use of this Website are governed by and will be construed in accordance with laws of England and Wales, without regard to the principles of conflicts of laws of other jurisdictions. Each party submits to the exclusive jurisdiction of the courts of England and Wales, United Kingdom, for the purposes of determining any dispute arising out of the Terms of Use, its construction or the transactions contemplated by it.
9. Third Party Restrictions- 9. In addition to the rights and restrictions set forth in agreement(s) that you have entered into with member(s) of the Markit group (“Markit”), use of Markit services is subject to the additional following terms:
You may be required to enter into, or to comply with the terms of, a third-party licensor agreement. 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 Markit, or requires Markit to suspend or terminate the provision of all or any part of its services to you, or if Markit terminates its arrangements with the third-party licensor, then 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-Markit information providers and therefore Markit has no responsibility and makes no representations or warranties as to the accuracy, timeliness or completeness of the Third Party Content. Markit shall not be held liable for any loss or damage caused by the inaccuracies, errors or omissions, incomplete or late Third Party Content.
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:
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- 9.1 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 Markit and all such access under any Subscriber agreement shall automatically terminate upon termination upon the license granted to Markit by CUSIP.
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- 9.2 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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9.3 FTSE International 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 Markit and you may be required to enter into a separate agreement with FTSE or 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.
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9.4 Moody's Investors Service Moody’s© Copyright 2011, 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.
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9.5 Morgan Stanley Capital International Copyright MSCI 2011. 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.
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9.6 Standard & Poor’s Copyright © 2011, 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.
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