Third Party Provider terms

To the extent that any of the Services include data from any of these Information or Third Party Providers (henceforth “Third Party Providers“) these terms and conditions will apply and will be binding on Subscriber. Except as separately defined below, defined terms have the meanings set out in the relevant Subscriber agreement; solely for Trial Agreements, ‘Licensor’ and ‘Subscriber’ below shall be taken to mean ‘Intropic’ and ‘Client’ respectively.


CUSIPs

The CUSIP database, when contained in a service, is and shall remain valuable intellectual property owned by or licensed to, CUSIP service Bureau, Standard & Poor's ("S&P") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. Misappropriation or misuse of such materials will cause serious damage to S&P and ABA; consequently, in the event of any misappropriation or misuse, S&P and ABA shall have the right to obtain injunctive relief. You 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 internal processing of security transactions. The use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a file of CUSIP descriptions or numbers for any other 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, ELECTRONIC AND/OR CD-ROM SERVICES. IN NO EVENT SHALL THE LIABILITY OF S&P, ABA OR ANY OF THEIR AFFILIATE PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIAL IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, S&P AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND ITS CONTROL.

Last updated: 11 April 2024


MSCI

The following terms (available at: https://www.msci.com/notice-and-disclaimer-for-reporting-licenses) shall apply to the extent the Service provided to Subscriber contains any products that include data derived from MSCI data: Notice and Disclaimer for Reporting Licenses. Certain information contained herein (the “Information”) is sourced from/copyright of MSCI Inc., MSCI ESG Research LLC, or their affiliates (“MSCI”), or information providers (together the “MSCI Parties”) and may have been used to calculate scores, signals, or other indicators. The Information is for internal use only and may not be reproduced or disseminated in whole or part without prior written permission. The Information may not be used for, nor does it constitute, an offer to buy or sell, or a promotion or recommendation of, any security, financial instrument or product, trading strategy, or index, nor should it be taken as an indication or guarantee of any future performance. Some funds may be based on or linked to MSCI indexes, and MSCI may be compensated based on the fund’s assets under management or other measures. MSCI has established an information barrier between index research and certain Information. None of the Information in and of itself can be used to determine which securities to buy or sell or when to buy or sell them. The Information is provided “as is” and the user assumes the entire risk of any use it may make or permit to be made of the Information. No MSCI Party warrants or guarantees the originality, accuracy and/or completeness of the Information and each expressly disclaims all express or implied warranties. No MSCI Party shall have any liability for any errors or omissions in connection with any Information herein, or any liability for any direct, indirect, special, punitive, consequential or any other damages (including lost profits) even if notified of the possibility of such damages.

The following terms shall apply in addition to the above terms, to the extent the Service provided to Subscriber contains any products that include data derived from MSCI Float data which itself includes any MSCI third-party provided data: https://www.msci.com/msci-third-party-notices.

The following terms shall apply to the extent the Service provided to Subscriber contains any raw or pass through MSCI data: Supplementary Terms - Subscriber will use the information that is sourced from MSCI (the “Data”) solely for internal purposes and will not redistribute the Data in any form or manner to any third party. - Subscriber will not use or permit anyone else to use the Data in connection with the creating, managing, advising, writing, trading, marketing or promotion of any securities or financial instruments or products, including, but not limited to, funds, synthetic or derivative securities (e.g., options, warrants, swaps, and futures), whether listed on an exchange or traded over the counter or on a private-placement basis or otherwise or to create any indices (custom or otherwise). - Subscriber will treat the Data as proprietary to MSCI. Further, Subscriber acknowledges that MSCI is the sole and exclusive owner of the Data and any trade secrets, copyrights, trademarks, and other intellectual property rights in or to the Data. - Subscriber will not (i) copy any component of the Data, (ii) alter, modify or adapt any component of the Data, including, but not limited to, translating, decompiling, disassembling, reverse engineering or creating derivative works, or (iii) make any component of the Data available to any other person or organization (including, without limitation, the Subscriber's present and future parents, subsidiaries or affiliates) directly or indirectly, for any of the foregoing or for any other use, including, without limitation, by loan, rental, service bureau, external time sharing or similar arrangement. - Subscriber shall reproduce on all permitted copies of the Data all copyright, proprietary rights and restrictive legends appearing on the Data. - Subscriber assumes the entire risk of using the Data and shall agree to hold MSCI harmless from any claims that may arise in connection with any use of the Data by the Subscriber or its permitted affiliates. - Subscriber acknowledges that MSCI may, in its sole and absolute discretion and at any time, terminate the Subscriber’s right to receive and/or use the Data. - Subscriber acknowledges MSCI as a third-party beneficiary of this Agreement entitled to enforce all provisions of such agreement relating to the Data.

Last updated: 11 April 2024


FTSE Russell

Unless expressly permitted otherwise under your written agreement with the Frank Russell Company (“Russell”), Subscriber may use the indices, index values, data or other information relating to or derived from any Russell index via the Service(s) (“Russell Data”) solely for its own internal business purposes (if Subscriber is a business) or individual purposes (if Subscriber is an individual), and Subscriber shall not, and shall not permit any third party to, do any of the following:(a) copy, sell, license, distribute, transmit or duplicate the Russell Data (or any part thereof) to any third party or to any person or other entity in your organisation (unless such entity is expressly licensed under this Agreement to receive such Russell Data) in any form or by any means; (b) derive or create derivative works of, recalculate, combine with other data, or otherwise modify, the Russell Data (except that you may reprocess Russell Data and perform calculations using the Russell Data for your own internal business use subject to the other restrictions herein), and/or distribute such derived, recalculated, combined or modified Russell Data to any third party; (c) remove any copyright or other proprietary notice accompanying or incorporated into the Russell Data; (d) use the Russell Data for the purpose of: (i) creating and/or operating (whether by Subscriber or by 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 the Russell Data or any part thereof; (ii) creating and/or operating (whether for by Subscriber or by any third party) any financial product, index or 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 Russell Data or any part thereof (and whether or not such third party is licensed by Russell to do so); or (iii) generally exploit the Russell Data in a manner designed to benefit Subscriber or any third party (including the creation of any product or service); (e) make the Russell Data available on any website or in an application, or to the public via the internet or otherwise; (f) use the index trade marks in a generic way or as part of your name or the name of any associated company; (g) remove any copyright or proprietary notices incorporated into the Russell Data, or use the Russell Data or index trade marks: (i) in a way that might cause confusion as to the person responsible for preparing or disseminating the Russell 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 Russell Data on behalf of, or for the benefit of, anyone else; (i) use the Russell Data in any way or for any purpose that would require a separate licence from Russell or a third party information provider; (j) take a snapshot of any Real Time or Delayed Data or designate or refer to any Index Values within such Russell Data as being an end of day value or closing price; and (k) permit, or purport to permit, any third party to do any of the foregoing. You acknowledge that Russell and/or any relevant third party information providers are the owners of the intellectual property rights in the Russell Data, and that the Russell Data is provided subject to the terms of this Agreement.

Last updated: 11 April 2024


GICS

The Global Industry Classification Standard (GICS) was developed by and is the exclusive property of Morgan Stanley Capital International Inc. and Standard and Poor's. GICS is a service mark of MSCI and S&P. In connection with GICS, neither MSCI nor S&P makes any express or implied warranties or representations and each hereby expressly disclaims all warranties of originality, accuracy, completeness, merchantability and fitness for a particular purpose. GICS may be used by you solely in connection with the services. You may not use GICS to create a securities classification designation or system or to create any financial products or indices. Subscriber hereby agrees to comply with any terms and conditions governing the use of any third party website or content accessed through the Service.

Last updated: 11 April 2024


STOXX / DAX

The STOXX / DAX Indices and the data comprised therein are the intellectual property (including registered trademarks) of and sourced by STOXX Limited, Zug, Switzerland (“STOXX”) / ISS STOXX Index GmbH, Eschborn, Germany (“ISS STOXX”) respectively and/or their licensors. STOXX / ISS STOXX have not been involved in any way in the creation of the Service. The Service is neither sponsored nor promoted, distributed or in any other manner supported by STOXX / ISS STOXX and/or their licensors, research partners or data providers. STOXX / ISS STOXX and their licensors, research partners or data providers do not give any warranty and exclude any liability whatsoever (whether in negligence or otherwise) – including without limitation for the accuracy, adequateness, correctness, completeness, timeliness, and fitness for any purpose – with respect to any reported information or in relation to any errors, omissions or interruptions in the STOXX / ISS STOXX indices or its data contained in the Service. Any dissemination or further distribution of any such information pertaining to STOXX / ISS STOXX is prohibited.

Last updated: 25 September 2024


S&P

(i) Neither Licensor, S&P, their affiliates nor any third-party licensor shall have any liability for the accuracy or completeness of the information or software furnished through the Service, or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages; (ii) Either Licensor, S&P, their affiliates or third-party licensors have exclusive proprietary rights in any information and software received; (iii) Subscriber shall not use or permit anyone to use the information or software provided through the Service for any unlawful or unauthorized purpose; (iv) Subscriber is not authorized or permitted to furnish such information or software to any person or firm for reuse or retransmission without prior written approval of the source of such information or software; (v) Access to the S&P Service(s) is subject to termination in the event that any agreement between Licensor and a provider of information or software distributed through the Licensee Service is terminated in accordance with its terms; and (vi) The use of the S&P Service(s) by Subscriber shall be: if Subscriber is an entity,  solely for its employees only for their internal use for business purposes, or if Subscriber is an individual, solely for his/her personal non-commercial use; who can access any of the S&P Service(s) only via a password/user ID issued by Licensor; (vii) Subscriber agrees that it shall not use nor permit use of the S&P Service(s) or any data included therein by any Subscriber User with the creation, structuring, development, managing, trading, marketing and/or promotion of any financial instrument, portfolio or other investment product that is based on, or seeks to match the performance of, all or any portion of the S&P Service(s) or such data, such as, without limitation, a security, portfolio or account whose capital and/or income value is calculated based on changes in value of an S&P index or the components thereof, without a separate written agreement with S&P for such purpose.

Last updated: 11 April 2024


SIX

The following terms shall apply to the extent the Service provided to Subscriber contains any raw or pass through SIX data: SIX Swiss Exchange AG (“SIX Swiss Exchange”) is the source of SIX indexes and the data comprised therein. SIX Swiss Exchange has not been involved in any way in the creation of any reported information and does not give any warranty and excludes any liability whatsoever (whether in negligence or otherwise) – including without limitation for the accuracy, adequateness, correctness, completeness, timeliness, and fitness for any purpose – with respect to any reported information or in relation to any errors, omissions or interruptions in the SIX indexes or its data. Any dissemination or further distribution of any such information pertaining to SIX Swiss Exchange is prohibited.

Last updated: 11 April 2024


TOPIX

The following terms shall apply to the extent the Service provided to Subscriber contains any raw or pass through JPX data: Subscriber hereby acknowledges and agrees that copyrights, proprietary rights and any similar recognized rights in and to data from JPXI Market Innovation & Research, Inc. or its affiliates (hereinafter collectively referred to as “JPX”), including the TOPIX Index Value and the TOPIX Marks, shall belong to JPX, or the source of JPX data (the party from which JPX obtained such JPX data under applicable contract). JPX owns all rights and know-how relating to TOPIX such as calculation, publication and use of the TOPIX Index Value and relating to the TOPIX Marks. JPX shall not be liable for the miscalculation, incorrect publication, delayed or interrupted publication of the TOPIX Index Value. Subscriber is prohibited from any use of JPX data in connection with (i) calculating and publishing a proprietary index; (ii) developing financial products or instruments; or (iii) any other equivalent purposes. Subscriber acknowledges that it does not engage in the information business, such as a newspaper company and vendors. Subscriber is prohibited from distributing JPX data, whether or not it is processed or compiled, by electric transmission, or from distributing the printed media by facsimile, etc., to any third parties.

Last updated: 11 April 2024


ICE

The following terms shall apply to the extent the Service provided to Subscriber contains any view only or downloadable raw ICE data: (1) ICE DATA SERVICES, ITS AFFILIATES AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR ANY OTHER MATTER AS TO THE SERVICES PROVIDED BY ICE DATA SERVICES OR ITS AFFILIATES INCLUDING THE INFORMATION, DATA, SOFTWARE, APPLICATIONS OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE, AND AS TO THE PERFORMANCE THEREOF.  NEITHER ICE DATA SERVICES, ITS AFFILIATES NOR THEIR SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR ANY COMPONENT THEREOF AND SHALL HAVE NO LIABILITY TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY ERRORS, OMISSIONS OR MALFUNCTIONS IN THE SERVICES. (2) Subscriber acknowledges that the Services are intended for use by institutional investors, registered brokers, professionals and others of similar sophistication and experience. (3) Subscriber accepts responsibility for, and acknowledges it exercises its own independent judgment in, its selection of any of the Services, its selection of the use or intended use of such, and any results obtained.  Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable securities law. (4) Subscriber shall indemnify ICE Data Services and its suppliers against and hold ICE Data Services harmless from any and all losses, damages, liability, costs, including attorney's fees, resulting directly or indirectly from any claim or demand against ICE Data Services or its suppliers by a third party arising out of or related to any Services received by Subscriber, or any data, information, service, report, analysis or publication derived therefrom.  Neither ICE Data Services nor its suppliers shall be liable for any claim or demand against Subscriber by a third party. (5) ICE Data Services and its third party suppliers shall constitute third party beneficiaries hereunder. (6) Unless otherwise agreed to in writing, the Data may be used by Subscriber solely for their internal use and benefit within the Approved Product(s).  Use of the Data expressly excludes, without limitation, the following, unless express prior authorization, in writing, by ICE Data Services: (a) Use to create or assist in the creation of any index; (b) Use for fund valuation purposes, including but not limited to, fund accounting, net asset value and indicative net asset value calculations; (c) Use in the construction of a security master or cross-reference database; (d) Further dissemination in any form to any other third party; use of the Data for a joint venture to which Subscriber is a party; (e) Use in replacement of any data received by you directly or indirectly from ICE Data Services under any other agreements you may have with ICE Data Services, or another third party service provider or distributor whereby you receive ICE Data Services’ data or information; (f) Use of in the construction of data, products or services that may compete with data, products or services available from ICE Data Services and/or its affiliates. (7) Subscriber agrees to keep complete and accurate books, records and related documentation concerning the use of the ICE Data Services’ Data. ICE Data Services and/or its Third Party Suppliers, either directly or through a third party independent auditor, are hereby granted the right to (i) audit and examine, upon reasonable notice, Subscriber’s books, records and applicable computer equipment, devices, components, transmission equipment and software used by Subscriber in connection with the installation, maintenance, accessing, delivery, transmission, reception, retrieval or use by Subscriber of the ICE Data Services’ Data, and (ii) observe, upon reasonable notice, operations conducted by Subscriber relating to the use of the Data. This right will be exercised by ICE Data Services not more than once during any twelve (12) month period pursuant to any reasonable security or confidentiality provisions at Subscriber’s request.

Last updated: 11 April 2024


Refinitiv / London Stock Exchange Group

Copyright © 2021, Refinitiv. All rights reserved. The Refinitiv entity listed above and its Affiliates are referred to below as "Refinitiv".

The "Information Product" is any data or service provided by Refinitiv. Refinitiv or its third party providers own and retain all rights, title and interest, including but not limited to copyright, trademarks, patents, database rights, trade secrets, know-how, and all other intellectual property rights or forms of protection of similar nature or having equivalent effect, anywhere in the world, in the Information Product and Subscriber is not granted any proprietary interest therein or thereto. The Information Product constitutes confidential and trade secrets of Refinitiv or its third party providers. Display, performance, reproduction, distribution of, or creation of derivative works or improvements from Information Product in any form or manner is expressly prohibited, except to the extent expressly permitted hereunder, or otherwise, with the prior written permission of Refinitiv. 

Subscriber may use the Information Product for internal purposes only. Subscriber may copy, paste and distribute internally only an insubstantial amount of the data contained in the Information Product provided that: (a) the distribution is incidental to or supports Subscriber's business purpose; (b) the data is not distributed by Subscriber in connection with information vending or commercial publishing (in any manner or format whatsoever), not reproduced through the press or mass media or on the Internet; and (c) where practicable, clearly identifies Refinitiv or its third party providers as the source of the data. Data will be considered in "insubstantial amount" if such amount (a) has no independent commercial value; or (b) could not be used by the recipient as a substitute for any product or service (including any download service) provided by Refinitiv or a substantial part of it.

To the extent that the Information Product contains any third party data referred to in the General Restrictions/Notices page set forth on https://www.refinitiv.com/en/policies/third-party-provider-terms, the terms set forth on such General Restrictions/Notices page shall apply to Subscriber.

Subscriber acknowledges that access to certain elements of the Information Product may cease or may be made subject to certain conditions by Refinitiv or upon the instructions of the third party provider of those elements. Upon termination or expiration of this Subscriber license, all rights granted hereunder shall immediately terminate and Subscriber shall cease to use the Information Product and delete or destroy all copies thereof in its possession or control. 

NEITHER REFINITIV NOR ITS THIRD PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE INFORMATION PRODUCT WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE INFORMATION PRODUCT AND RELIANCE THEREON IS AT SUBSCRIBER'S SOLE RISK. NEITHER REFINITIV OR ITS THIRD PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO SUBSCRIBER OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE INFORMATION PRODUCT, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE INFORMATION PRODUCT. THE INFORMATION PRODUCT IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED HEREUNDER. 

IN NO EVENT WILL REFINITIV OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH INFORMATION PRODUCT EVEN IF REFINITIV OR ITS THIRD PARTY PROVIDERS OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, REFINITIV OR ITS PARTY PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER FOR REDISTRIBUTOR'S PRODUCTS OR SERVICES.

Last updated: 25 September 2024