Toggle navigation
User Name
User Email
Company Name
Password
Confirm Password
Licenses
licenses
CUSIP
Terms and Conditions
TERMS OF USE - INDEX DATA S-Network Global Indexes, LLC, (“S-Network”), and it’s affiliates, the publisher of the indexes listed in Exhibit “A” herein, is willing to provide to “Registrant”, the end-of-day Index Data and constituent lists, (collectively, the “Index Data”) with respect to the Indexes listed on Exhibit A (the “Indexes”) and grant a license to use and redistribute such Index Data, subject to the payment of fees identified in Exhibit A and on the following terms and conditions: 1. The Index Data is the property of S-Network or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos within the Index Data are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed in the Index Data may be registered or unregistered marks of S-Network or others. Nothing contained on this Index Data should be construed as granting any license or right to use any of the Marks displayed on the Index Data without the express written permission of S-Network or a third party owner of such Marks. Any unauthorized use of the Marks is strictly prohibited. 2. Subject to the terms and conditions hereof, S-Network will make the end-of-day Index Data available to Registrant via, at S-Network’ option, www.snetglobalindexes.com, or FTP Site, for use in the Registrant Products. S-Network grants Registrant a limited, revocable, non-exclusive license to use and distribute the Index Data to its customers for such customer’s internal use; provided, any such customer must agree in writing or via a click-through agreement (a) it will not store, reproduce, further transmit or distribute the Index Data to any third party for commercial purposes in any type of format or by any means, including but not limited to the Internet, Intranet or other type of network and (b) to the terms and limitations respecting customers as set forth in Sections 3 and 4 of this Letter Agreement. S-Network retains the right to direct Registrant to terminate distribution of the Index Data to any customer at any time. Accordingly, upon written notice from S-Network, Registrant shall cease distributing the Index Data to any such customer as soon as reasonably practicable. Registrant acknowledges and agrees that as a condition of its continued receipt of the Index Data, none of Registrant or its affiliates shall create, issue or sponsor any financial instruments or investment products (including, without limitation, derivatives, structured products, investment funds or exchange-traded funds) where the price, return and/or performance of such instrument or product is based on, related to, or intended to track, any index published by S-Network (including, without limitation, the Indexes) or a proxy for such index without a separate written agreement with S-Network for such purpose. 3. Unless terminated earlier as provided herein, this Terms of Use Agreement will remain in force until terminated by either party on ninety (90) days written notice to the other of its intention to terminate this Terms of Use Agreement. If there is a breach of this Agreement by either party, then the non-breaching party may terminate this Agreement, effective ten (10) business days after written notice thereof to the other party, unless the other party shall correct such breach within such 10-day period. 4. S-NETWORK, ITS RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SOURCES (THE "S-NETWORK PARTIES") SHALL NOT BE LIABLE TO THE REGISTRANT OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (i) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF THE INDEX DATA OR (ii) ANY DECISION MADE OR ACTION TAKEN BY THE REGISTRANT OR ANY THIRD PARTY IN RELIANCE UPON THE INDEX DATA. THE S-NETWORK PARTIES SHALL NOT BE LIABLE TO THE REGISTRANT OR ANY THIRD PARTY FOR LOSS OF BUSINESS REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN CONNECTION WITH THE INDEX DATA. 5. THE S-NETWORK PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO THE REGISTRANT OR ANY OTHER THIRD PARTY, WITH RESPECT TO THE INDEX DATA, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES WITH RESPECT TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INDEX DATA OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY THE REGISTRANT OR ANY OTHER PERSON OR ENTITY IN CONNECTOIN WITH THE USE OF THE INDEX DATA. 6. Registrant shall defend, indemnify and hold harmless the S-Network Parties (each, an "Indemnified Party") from and against all judgments, damages, expenses, settlements, liabilities and out-of-pocket costs (including reasonable attorneys’ and experts’ fees and disbursements) as a result of any claim, suit, action, litigation or proceeding by any third party that arises out of or relates to this Terms of Use Agreement, excluding any claims arising out of the gross negligence or willful misconduct of any of the S-Network Parties. Any Indemnified Party seeking indemnification hereunder shall promptly notify the Registrant in writing of any claim, action, suit, litigation or proceeding (but the failure to do so shall not relieve the Registrant of any liability hereunder except to the extent the Registrant has been materially prejudiced thereby) and shall reasonably cooperate in the defense of such claim, action, suit, litigation or proceeding at the Registrant’s reasonable expense. 7. S-Network' performance hereunder shall be excused without liability in the event of any event or contingency beyond S-Network' control, including but not limited to: foreign or domestic embargoes; acts of God; the adoption or enactment of any law, ordinance, regulation, ruling, or order directly or indirectly interfering with performance hereunder; lack of the usual means of transportation; technological failure; fires; floods; explosions or strikes. 8. All notices and other communications under this Agreement shall be: (i) in writing; (ii) delivered by email toinfo@snetglobalindexes.com ; and (iii) deemed given upon receipt. 9. If any court having competent jurisdiction shall determine that one or more of the provisions contained in this Agreement shall be unenforceable in any respect, then such provision shall be deemed limited and restricted to the extent that such court shall deem it to be enforceable, and as so limited or restricted shall remain in full force and effect. If any such provision or provisions shall be deemed wholly unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. 10. This Section, Sections 3, 4, 5 and 13 shall survive termination of this Agreement. 11. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, and supersedes any previous agreement or understanding between the parties, and no amendment hereof shall be effective unless in writing and signed by the parties hereto. No term or provision hereof shall be deemed waived and no breach consented to or excused, unless such waiver, consent or excuse shall be in writing and signed by the waiving party. Should either party consent, waive or excuse a breach by the other party, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach, whether or not of the same kind as the original breach. 12. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, USA, applicable to contracts made and performed in New York. Registrant hereby agrees and consents to the personal and exclusive jurisdiction and venue of the New York state courts and the United States District Court for the Southern District of New York. 13. S-Network may discontinue or change Registrants access to the Index Data, at any time, for any reason. 14. The terms and conditions set forth in this Terms of Use Agreement shall be considered confidential information and may not be disclosed by Registrant to any third party. 15. Registrant acknowledges and agrees that S-Network or its licensors owns all intellectual property rights in and to the Indexes and the Index Data, including, without limitation, any patent, trade secret, copyright and trademark rights (whether or not such rights are registered). 16. Registrant may not assign this Agreement without S-Network’ prior written consent. 17. Customers wishing to store, extract, download and or reproduce SEDOL codes are required to sign a license agreement with the London Stock Exchange. The following exceptions apply: Where the customer has stored or archived off SEDOL codes for regulatory purposes, as long as the customer can demonstrate that there are controls in place to ensure SEDOL codes that only named individuals can access that data for regulatory or regulatory support purposes, then all SEDOL codes within this database can be discounted. Where a vendor is unable to control or permission the level of codes provided to the customer, codes which are not being processed, as defined above, may be discounted. In such cases, the vendor is required to provide to the London Stock Exchange lists of all customers that have the ability to access SEDOL codes and the London Stock Exchange will contact such customers to ascertain whether they are processing SEDOL codes. However, the customer would be expected to technically demonstrate to the London Stock Exchange that these discounted codes are being discarded and/or archived for regulatory purposes. Where SEDOL codes are being held, but are not being processed (as per the definition above) because trading has officially ceased (for example, delisting or maturity date expired) in the security to which they relate, they can be discounted. For further information, please refer to the SEDOL Masterfile Pricing and Policy Guidelines, or contact the London Stock Exchange SEDOL team: info: sedol@londonstockexchange.com Each user agrees to indemnify and hold harmless S-Network and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by user with the terms and conditions hereof; or (b) any third-party actions related to user's receipt and use of the Content, whether authorized or unauthorized. Any cooperation by S-Network in such defense is without waiver of any attorney-client, work product, or other legal privileges. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by S-Network and are governed by the laws of the State of New York. 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 (“CGS”) 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 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 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 LIABILITY 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 MATERIALS 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. If you agree to the terms and conditions set forth in this Terms of Use Agreement, please indicate your acceptance by clicking the “I AGREE” button below. Sincerely, S-NETWORK GLOBAL INDEXES, INC ========================================================== Exhibit A Indexes ARDOUR GLOBAL ALTERNATIVE ENERGY INDEXESSM THOMSON REUTERS/JEFFERIES CRB IN-THE-GROUND GLOBAL COMMODITY EQUITY INDEXESSM ROGERSTM – VAN ECK HARD ASSETS PRODUCERS INDEXESSM S-NETWORK GLOBAL INDEXESSM STOWE GLOBAL COAL INDEXSM WNA NUCLEAR ENERGY INDEXSM JANNEY GLOBAL WATER INDEXESSM and any such other indexes as S-Network may provide access to the Registrant in the future. Fees Pursuant to this Terms of Use Agreement, S-Network will provide the Index Data to Registrant for no charge, but reserves the right to charge fees at any time in the future, with 60 days notice to Registrant, to the extent allowed by law.
I Agree To Above Terms and Conditions
Register