TERMS AND CONDITIONS OF USE OF S&P DOW JONES INDICES
BY ACCESSING AND USING THE DATA RELATED TO THE INDICES (THE “INDICES”) PUBLISHED BY S&P DOW JONES INDICES LLC AND/OR ITS AFFILIATES (INCLUDING, WITHOUT LIMITATION, THE INDEX VALUES, HEREAFTER COLLECTIVELY, THE “INDEX DATA”) ON THIS WEB SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS MADE AFTER JULY 2012. IF ANY OF THESE TERMS AND CONDITIONS ARE UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS OR USE THE INDEX DATA.
GENERAL TERMS AND CONDITIONS OF USE
The Indices (including, without limitation, the Dow Jones Averages, Dow Jones Global Indices, Dow Jones Titans Indices, Dow Jones Islamic Market Indices, Dow Jones Sustainability Indices and Dow Jones-UBS Commodity Indices) are proprietary to S&P Dow Jones Indices LLC, its affiliates and/or its licensors (collectively, “S&P Dow Jones Indices”). By accessing and using the Index Data, 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 S&P Dow Jones Indices may change any of these terms at any time. When the terms are changed, the changes will appear in this document. Your use of the Index Data 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 the Index Data again.
PROPRIETARY RIGHTS AND LIMITATIONS ON USE
The Indices and Index Data are protected by copyright and other intellectual property laws. The Index Data 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 the Index Data (or any portion thereof), without the express prior consent of S&P Dow Jones Indices. You may not use the Index Data for any unlawful purpose.
All trade names, trademarks, service marks associated with the Indices (whether registered or unregistered) (the “Marks”) are proprietary to S&P Dow Jones Indices 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 S&P Dow Jones Indices or its applicable licensors. Any unauthorized use of the Marks is strictly prohibited.
Also, you may not use any of the Index Data 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 Indices) without a separate written agreement with S&P Dow Jones Indices. Further, S&P Dow Jones Indices is not giving investment advice, tax advice, legal advice, or other professional advice by providing the Indices or Index Data, and S&P Dow Jones Indices does not sponsor, recommend or endorse the purchase or sale of any security or investment.
If you violate any of these terms and conditions, S&P Dow Jones Indices has the right to terminate your access to all or any portion of the Index Data immediately without notice. Your right to use the Index Data is subject to any limits established by S&P Dow Jones Indices in its sole discretion.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE INDEX DATA ARE PROVIDED TO YOU “AS IS”. NEITHER S&P DOW JONES INDICES, 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 INDICES OR INDEX DATA. ALTHOUGH S&P DOW JONES INDICES MAKES REASONABLE EFFORTS TO COMPLY WITH ITS GUIDELINES REGARDING THE SELECTION OF COMPONENTS IN THE DOW JONES ISLAMIC MARKET INDICES, S&P DOW JONES INDICES CANNOT GUARANTEE OR WARRANT THAT THOSE INDICES OR THE DATA RELATED THERETO WILL COMPLY WITH SHARIAH LAW OR OTHER ISLAMIC PRINCIPLES AND S&P DOW JONES INDICES EXPRESSLY DISCLAIMS ANY SUCH WARRANTY. NEITHER S&P DOW JONES INDICES 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 INDICES OR INDEX DATA CAUSED IN WHOLE OR PART BY S&P DOW JONES INDICES’ NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE INDICES OR INDEX DATA. IN NO EVENT WILL S&P DOW JONES INDICES, 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 INDICES. NEITHER S&P DOW JONES INDICES, 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
S&P Dow Jones Indices may discontinue or change the Indices and/or Index Data, 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 S&P Dow Jones Indices relating to the Indices and Index Data, and they supersede any and all other agreements, oral or in writing, with respect to the indices. The failure of S&P Dow Jones Indices 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 Thomson Reuters for use in calculating the Indices and Index Data. Thomson Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.
The Indices are proprietary to and distributed by S&P Dow Jones Indices and have been licensed for use. “S&P® is a registered trademark of Standard & Poor’s Financial Services LLC (“S&P”) and Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”). These trademarks have been licensed for use by S&P Dow Jones Indices LLC and sublicensed for certain purposes.