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- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Fitch Ratings Ltd.
- FTSE International
- FTSE – RussellTick
- Moody's Investors Service
- Morgan Stanley Capital International
- Deutsche Boerse
- Australian Financial Markets Association (AFMA)
- Australian Securities Exchange (ASX)
- China Exchanges Services Company (CESC)
- Hang Seng Indices
- Hedge Fund Research
- London Stock Exchange (SEDOL)
- Robo Global LLC
- FactSet Research Systems, Inc
- National Association of Insurance Commissioners (NAIC)
- Trepp UK Limited
- Thomson Reuters Municipal Market Data (MMD)
- Intercontinental Exchange Group (ICE)
- Econoday, Inc.
- SONIA and SONIA Compounded Index
- NATIONAL ASSOCIATION OF REALTORS®
- IBOR Fallback Rates Data - BLOOMBERG
- Federal Reserve Bank of New York - SOFR Data
- European Central Bank
- Bank of Japan - TONAR
IBOR Fallback Rates Data - BLOOMBERG
Federal Reserve Bank of New York - SOFR Data
European Central Bank
Bank of Japan - TONAR
2. General Restrictions on Use
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3. Additional Product Specific Restrictions on Use
3.1 S&P Global Ratings.
Historical Ratings pursuant to SEC Rule 17g-7(b)
Historical S&P Global Ratings credit ratings in each class of credit rating for which S&P Global Ratings is registered as a Nationally Recognized Statistical Rating Organization ("NRSRO") is available at the Regulatory Tab (collectively, the "Ratings History") at www.spglobal.com/ratings. The Ratings History is made available free of charge subject to applicable time delays. It is intended that the availability of Ratings History on this Website will advance the Securities and Exchange Commission ("SEC") goal of fostering accountability and comparability among NRSROs with respect to issuer-paid credit ratings. As such, the Ratings History may be used to, inter alia, perform analysis comparing how different NRSROs perform in the class of credit ratings for which they are registered.
Ratings History may not be used or disseminated in a manner that would serve as a substitute for any S&P Global Ratings product or service for which a fee is charged. This restriction is not intended to prevent the use of the Ratings History in accordance with the SEC’s stated objectives for SEC Rule 17g-7(b).
All ratings on this Website, excluding only the Ratings History, are referred to as "Non-Historical Ratings," regardless of their currency or date of issuance.
Except as expressly set forth below, you agree not to copy, reproduce, modify, create derivative works from, or store any Non-Historical Ratings, in whole or in part, from this Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Non-Historical Ratings to anyone, or use any Non-Historical Ratings for any commercial purpose, without the express prior written consent of S&P Global Ratings. You may, (a) on an ad hoc basis, use individual Non-Historical Ratings in the ordinary course of securities disclosure activities and the drafting of transaction documents internally within your organization or publish, on a non-commercial basis, selected individual Non-Historical Ratings, and (b) only insofar as you are directly compelled by applicable law or regulation: (1) include credit ratings within a report required by that law or regulation and (2) deliver such report only to such regulator, or authority or government agency as is identified by that law or regulation and solely insofar as to meet your own obligations under that law or regulation and not for the benefit of another party.
Notwithstanding the foregoing, Non-Historical Ratings may not (i) be compiled into a database; (ii) be used or disseminated in a manner that would serve as a substitute for any S&P Global product or service for which a fee is charged; or (iii) be systematically distributed or shared.
Narrative and Other Content
You may also, on an occasional, ad hoc basis, reproduce, distribute, display or transmit an insubstantial portion of other narrative (non-ratings) content ("Narrative Content"), for a non-commercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices and the S&P Global Ratings disclaimer with such portion of the Narrative Content in the same form in which the notices and disclaimer appear on the Website, the original source attribution, and the phrase "Used with permission from S&P Global Ratings." However, you may not post Narrative Content from this Website to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other sites, without the prior written consent of S&P Global Ratings. To request consent for uses such as linking to Narrative Content or posting Narrative Content on your website, please contact S&P Global Ratings at firstname.lastname@example.org.
Material that appears on this Website that is entered by you or other authorized users, or that is otherwise made accessible by other than S&P Global Ratings, is referred to as "Other Content." You may use Other Content in accordance with the terms set forth above relating to the use of Narrative Content.
Country Conditions and Qualified Institutional Investors
The terms and conditions set forth in this section (the “Country Conditions”) are the result of various regulatory and/or legal requirements relating to the usage of this Website including its Content. Your use of this Website in the specified jurisdictions is subject to these Country Conditions.
3.2 S&P Dow Jones Indices. Unless otherwise permitted, S&P Dow Jones Indices (“SPDJI”) data may be used solely for internal business purposes. You understand and agree that you shall not: (i) use the SPDJI data to create, issue, manage, sponsor or develop any financial products (including, without limitation, derivatives, funds, structured products or contracts for difference) or asset management where the price, return and/or performance of such product is based on or intended to track any index published by SPDJI including, without limitation, customized versions thereof, such as direct indexing; (ii) use the SPDJI data to create or develop indices, a classification system or historical databases; (iii) create any derived data based on the SPDJI data, except with SPDJI’s express written consent; (or) disclose, duplicate, display, redistribute, resell or otherwise convey the SPDJI data or any portion thereof internally within your organization except to other authorized end users of the relevant SPDJI services or externally to any third party.
SPDJI licenses its indices for use with financial products and receives compensation in connection with such licensing. SPDJI does not make any representation or warranty, express or implied, to the owners of such financial products or any member of the public regarding the advisability of investing in such financial products or the ability of SPDJI’s indices to track market performance. SPDJI is not a fiduciary, investment advisor, commodity trading advisor, commodity pool operator or a broker dealer. Inclusion of a security, commodity, cryptocurrency or other asset within an index is not a recommendation by SPDJI to buy, sell, or hold such security, commodity, cryptocurrency or other asset, nor is it considered to be investment advice or commodity trading advice. The opinions, observations, and analysis of SPDJI included within this Website are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities, other assets or make any investment decisions. SPDJI assumes no obligation to update any Content included within this Website following publication. Users of the Website should not rely on any of the Content in making any investment decision. SPDJI’s opinions, observations and analyses do not address the suitability of any security or other asset. While SPDJI has obtained information from sources it believes to be reliable, SPDJI does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives.
PERFORMANCE DISCLOSURE/BACK-TESTED DATA. All SPDJI Index information presented on the Website prior to an index’s Launch Date is hypothetical (back-tested), not actual performance. The back-test calculations are based on the same methodology that was in effect on the index Launch Date. However, when creating back-tested history for periods of market anomalies or other periods that do not reflect the general current market environment, index methodology rules may be relaxed to capture a large enough universe of securities to simulate the target market the index is designed to measure or strategy the index is designed to capture. For example, market capitalization and liquidity thresholds may be reduced. Complete index methodology details are available at www.spdji.com. Past performance of the Index is not an indication of future results. Back-tested performance reflects application of an index methodology and selection of index constituents with the benefit of hindsight and knowledge of factors that may have positively affected its performance, cannot account for all financial risk that may affect results and may be considered to reflect survivor/look ahead bias. Actual returns may differ significantly from, and be lower than, back-tested returns. Past performance is not an indication or guarantee of future results. Please refer to the methodology for the index for more details about the index, including the manner in which it is rebalanced, the timing of such rebalancing, criteria for additions and deletions, as well as all index calculations. Back-tested performance is for use with institutions only, not for use with retail investors.
SPDJI defines various dates to assist our clients in providing transparency. The First Value Date is the first day for which there is a calculated value (either live or back-tested) for a given index. The Base Date is the date at which the index is set to a fixed value for calculation purposes. The Launch Date designates the date when the values of an index are first considered live: index values provided for any date or time period prior to the index’s Launch Date are considered back-tested. SPDJI defines the Launch Date as the date by which the values of an index are known to have been released to the public, for example via the company’s public Website or its data feed to external parties. For Dow Jones-branded indices introduced prior to May 31, 2013, the “Launch Date” (which prior to May 31, 2013, was termed “Date of introduction”) is set at a date upon which no further changes were permitted to be made to the index methodology, but that may have been prior to the Index’s public release date.
Typically, when SPDJI creates back-tested index data, SPDJI uses actual historical constituent-level data (e.g., historical price, market capitalization, and corporate action data) in its calculations. As ESG investing is still in early stages of development, certain datapoints used to calculate S&P DJI’s ESG indices may not be available for the entire desired period of back-tested history. The same data availability issue could be true for other indices as well. In cases when actual data is not available for all relevant historical periods, SPDJI may employ a process of using “Backward Data Assumption” (or pulling back) of ESG data for the calculation of back-tested historical performance. “Backward Data Assumption” is a process that applies the earliest actual live data point available for an index constituent company to all prior historical instances in the index performance. For example, Backward Data Assumption inherently assumes that companies currently not involved in a specific business activity (also known as “product involvement”) were never involved historically and similarly also assumes that companies currently involved in a specific business activity were involved historically too. The Backward Data Assumption allows the hypothetical back-test to be extended over more historical years than would be feasible using only actual data. For more information on “Backward Data Assumption” please refer to the FAQ. The methodology and factsheets of any index that employs backward assumption in the back-tested history will explicitly state so. The methodology will include an Appendix with a table setting forth the specific data points and relevant time period for which backward projected data was used.
Index returns shown do not represent the results of actual trading of investable assets/securities. SPDJI maintains the index and calculates the index levels and performance shown or discussed but does not manage actual assets. Index returns do not reflect payment of any sales charges or fees an investor may pay to purchase the securities underlying the index or investment funds that are intended to track the performance of the index. The imposition of these fees and charges would cause actual and back-tested performance of the securities/fund to be lower than the Index performance shown. As a simple example, if an index returned 10% on a US $100,000 investment for a 12-month period (or US $10,000) and an actual asset-based fee of 1.5% was imposed at the end of the period on the investment plus accrued interest (or US $1,650), the net return would be 8.35% (or US $8,350) for the year. Over a three-year period, an annual 1.5% fee taken at year end with an assumed 10% return per year would result in a cumulative gross return of 33.10%, a total fee of US $5,375, and a cumulative net return of 27.2% (or US $27,200).
3.3 S&P Global ESG Scores. All Content contained in this Website is the exclusive property of S&P Global, or their third party licensors and may not be copied or reproduced in any form except with the prior written permission of S&P Global. The Content, including the ESG Scores and related materials have been published here solely for informational purposes based upon information generally available to the public and from sources believed to be reliable. S&P Global reserves the right to change a company’s ESG score from time to time, in accordance with its methodologies, policies and procedures.
Unless explicitly permitted by S&P Global in writing, the Content or any portion thereof may not be (i) modified, reverse engineered, reproduced, or distributed in any form or by any means, or stored in a database or retrieval system, (ii) used to create any derivative works; (iii) used as the input value or the constituent for the creation, structuring, development, calculation, maintenance, publication, distribution or any other means to derive or establish a financial index or investment strategy; or (iv) used as a component of or as the basis for corporate financing (including, without limitation, ESG-linked loans, credit facilities) or used for any investment product or financial instrument to be developed, issued, traded, sold, marketed and/or promoted, including, without limitation, a security whose capital and/or income value is calculated based on changes in value of any index or any indexed fund based on the Content in whole or in part or passively managed funds.
S&P Global is committed to providing transparency to the market through high-quality independent opinions on sustainability. Safeguarding the quality, independence and integrity of S&P Global’s ESG Scores, including by identifying and managing potential conflicts of interest, is embedded in its culture and at the core of everything S&P Global does. S&P Global keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of their respective activities. As a result, certain business units of S&P Global may have information that is not available to other S&P Global units. S&P Global has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process.
3.4 Platts LIVE.
Platts LIVE is a is a virtual hub, created to enable our clients and market participants to engage with us, and each other in relation to markets and commodity insights. Platts LIVE also contains the My LIVE functionality which allows users to post information publicly which can be viewed by, and to communicate via message with, other users of Platts LIVE. Platts LIVE is hosted by S&P Global.
Your Platts LIVE account
User-generated content is not approved by S&P
Platts LIVE may include information and materials uploaded by other users of Platts LIVE, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent S&P Global views or values. See also the section on Third Party Content below.
Acceptable use of Platts LIVE
You shall not utilize Platts LIVE to post or distribute any content that contains explicit or graphic descriptions or accounts of sexual acts or that is threatening, misleading, discriminatory, inaccurate, untrue, abusive, harassing, defamatory, libelous, deceptive, racist, fraudulent, invasive of another person's privacy, infringing, tortious or that contains unsubstantiated rumors or misrepresentations. You shall not post or distribute any content via Platts LIVE unless you own such content or otherwise have obtained the right to post or distribute such content. You shall not transmit junk mail, chain letters, spam or unsolicited mailings via Platts LIVE and shall not use Platts LIVE to transmit instructions regarding illegal activities. You may not input or distribute any material through Platts LIVE that is promotional in nature, including solicitations for funds or business.
We are not responsible for Third Party Content on Platts LIVE
How to complain about or report content
Events on Platts LIVE
Where online events are accessed by you through Platts LIVE, such online events are hosted by a third party vendor, ON24. S&P Global retains no responsibility or liability to you or any third party for the availability of any online event, nor does it have any responsibility or liability to you or any third party for the security of any online event. Where you register for an event that is being streamed through Platts LIVE, via ON24, you will additionally be required to register for a Platts LIVE account (if you have not already done so) in order to attend the event. During such an event, you understand that Platts LIVE may be used for networking among the event attendees and the fact of your attendance may be recorded, and the recording of the event may be published on Platts LIVE after the event. For the avoidance of doubt, all registered members of Platts LIVE, whether they attended the event or not, are able to similarly network after the event and you may be contacted by any member of Platts LIVE via Platts LIVE. You are able to delete your Platts LIVE account after the event. However, deletion of your Platts LIVE account will not remove any record of the fact of your attendance at the event.
Your personal data
3.5 CUSIP. The CUSIP information made available on this Website (the "CUSIP Database") consists of security identifiers and related descriptive information and is protected under copyright laws and is licensed with permission from CUSIP Global Services ("CGS"), on behalf of the American Bankers Association ("ABA").
User agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CGS and the ABA, and that no proprietary rights are being transferred to User in such materials or in any of the information contained therein.
User agrees that User 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. Any use by User outside of the clearing and settlement of transactions may require a license from CGS, and a possible fee. User 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, User 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.
User 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 (even if in connection with the clearing and settlement of transactions) and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER FILE, DB, INTERNET, ELECTRONIC Services and/or any other future services developed by CGS .
4. Modification of Website and Content
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5. No Advice
Any Content relating to financial information 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 based on the Content, any advice, recommendations, guidance, publications or alerts made available to your clients or other third parties. Nothing in the Content constitutes a solicitation by S&P Global of the purchase or sale of loans, securities or any investment.
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S&P Global may provide you with access to S&P Global services through links and/or dedicated frames (collectively, "Other S&P Global Services") from this Website. For example, you may have access to a Toolbar provided by our Markit Hub service that allows you, amongst other things, to navigate data and content on both S&P Global and third party Websites.
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Select Fundamentals Content and Ownership Content, and Select ETF Prices (NYSE CTA Tape A and AMEX CTA Tape B) Provided by Morningstar, Inc.
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16.18 Robo Global LLC Copyright Robo Global LLC (“RG") 2021. All Rights Reserved. Without prior written permission of RG, this information and any other RG 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 RG 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 RG index-related data, and in no event will RG 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.
16.19 Sustainalytics Part of this publication may contain Sustainalytics proprietary information that may not be reproduced, used, disseminated, modified nor published in any manner without the express written consent of Sustainalytics. NOTHING CONTAINED IN THIS PUBLICATION SHALL BE CONSTRUED AS TO MAKE A REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY, COMPLETENESS, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION HEREIN IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND THEREFORE IS NOT AN OFFER TO BUY OR SELL A SECURITY. NEITHER SUSTAINALYTICS NOR ALL ITS THIRD-PARTY SUPPLIERS PROVIDE INVESTMENT ADVICE (AS DEFINED IN THE APPLICABLE JURISDICTION) OR ANY OTHER FORM OF (FINANCIAL) ADVICE AND NOTHING WITHIN THIS PUBLICATION/REPORT CONSTITUTES SUCH ADVICE. The information is provided “as is” and, therefore Sustainalytics assumes no responsibility for errors or omissions. Sustainalytics cannot be held liable for damage arising from the use of this publication or information contained herein in any manner whatsoever. Copyright © Sustainalytics 2021. All rights reserved.
16.20 FactSet Research Systems, Inc. Select Equity Ownership Content Provided by FactSet Research Systems, Inc. Underlying ownership data, Copyright © 2021 FactSet Research Systems Inc. All rights reserved.
16.21 National Association of Insurance Commissioners (NAIC). Certain Loan Ownership Data Provided by National Association of Insurance Commissioners (NAIC). Data Source: National Association of Insurance Commissioners, by permission. The NAIC does not endorse any analysis or conclusions based upon the use of its data.
16.22 Trepp UK Limited. Certain Collateralized Loan Obligation Data Provided by Trepp UK Limited. All rights reserved. Trepp provided data is “as is” without warranty of any kind and Trepp expressly disclaims the implied warranty of merchantability and fitness for any particular purpose.
16.23 Thomson Reuters Municipal Market Data (MMD). Select Municipal Market Data information provided by Thomson Reuters Municipal Market Data (MMD) Municipal Yield Curve and Early Read data provided by MMD. S&P Global reserves the right to remove MMD content for non-subscribers. Email firstname.lastname@example.org or call 1-800-367-8251 for full MMD access. For more information see www.tm3.com.
16.25 Econoday, Inc. Certain Basic U.S. and U.S. Treasuries Data provided by Econoday, Inc. Important legal notice: Econoday has attempted to verify the information contained in this calendar. However, any aspect of such info may change without notice. Econoday does not provide investment advice, and does not represent that any of the information or related analysis is accurate or complete at any time. © 2021 Econoday Inc. All rights reserved.
16.26 SONIA and SONIA Compounded Index are copyright the Bank of England. The trademarks “Bank of England” and “SONIA” are registered trademarks of the Bank of England. All Rights Reserved. The SONIA benchmark and SONIA Compounded Index include the proprietary information of the Bank of England and the data comprising the SONIA benchmark and SONIA Compounded Index may not be copied or distributed except as specifically authorized. The SONIA benchmark and SONIA Compounded Index are not intended to be relied upon as authoritative or taken in substitution for the exercise of judgment and do not constitute investment advice. The SONIA benchmark and SONIA Compounded Index are not, and should not be construed as, an offer, bid or solicitation in relation to any financial instrument. The Bank of England does not guarantee, and expressly disclaims any liability for, and makes no representations or warranties whether express or implied, as to the currency, accuracy, timeliness, completeness or fitness for any particular purpose of the SONIA benchmark or the SONIA Compounded Index. The Bank of England accepts no liability whatsoever for any loss (including, but not limited to any direct, indirect or consequential loss, whether or not such loss is foreseeable and whether or not the Bank of England has been appraised of the use to which the SONIA benchmark or SONIA Compounded Index will be put) howsoever arising from the use, the timeliness of delivery or the failure of delivery of the SONIA benchmark or SONIA Compounded Index.
16.27 NATIONAL ASSOCIATION OF REALTORS® Data used with the permission of the NATIONAL ASSOCIATION OF REALTORS®. Copyright 2021 NATIONAL ASSOCIATION OF REALTORS®. Such data shall not be redistributed in any way without permission of the NATIONAL ASSOCIATION OF REALTORS®. Information has been obtained by the NATIONAL ASSOCIATION OF REALTORS® from sources believed to be reliable. However, because of the possibility of human or mechanical error by the NATIONAL ASSOCIATION OF REALTORS® or others, NATIONAL ASSOCIATION OF REALTORS® does not guarantee the accuracy, adequacy, or completeness of any information and is not responsible for any errors or omissions or the results obtained from the use of such information and EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE DATA PROVIDED.
16.28 IBOR Fallback Rates Data - BLOOMBERG is a trademark and service mark of Bloomberg Finance L.P. ("BFLP"). ISDA is a trademark and service mark of the International Swaps and Derivatives Association, Inc. ("ISDA"). LIBOR® and ICE LIBOR® are trademarks of ICE Benchmark Administration Limited and/or its affiliates (collectively, “ICE”) and are used with permission under licence by ICE. Bloomberg Index Services Limited ("BISL" and, collectively with BFLP and their affiliates, "Bloomberg") maintains and calculates the ‘fallback’ data comprising the 'all in' fallback rates and their component parts, the adjusted ‘risk-free’ reference rates and the spread adjustment (collectively with any other data or information relating thereto or contained therein, the “Fallback Rates Data") under an engagement between BISL and ISDA. To the extent Bloomberg uses LIBOR in the determination of certain Fallback Rates Data, it does so under licence from ICE. None of Bloomberg, ISDA or, where applicable, ICE guarantees or makes any claim, prediction, warranty or representation whatsoever, express or implied, regarding the timeliness, accuracy, completeness of, or fitness for a particular purpose with respect to, the Fallback Rates Data and each shall have no liability in connection with the Fallback Rates Data. Without limiting the foregoing, to the fullest extent permitted by applicable law, none of Bloomberg, ISDA or, where applicable, ICE will be liable in contract or tort (including negligence), for breach of statutory duty or nuisance, or under antitrust laws, for misrepresentation or otherwise, in respect of any inaccuracies, errors, omissions, delays, failures, cessations or changes (material or otherwise) in the Fallback Rates Data, or for any damage, expense or other loss (whether direct or indirect) suffered by any person arising out of or in connection with the Fallback Rates Data or any reliance placed upon it by any person, and all implied terms, conditions and warranties, including, without limitation, as to quality, merchantability, fitness for purpose, title or non-infringement, in relation to the Fallback Rates Data, are hereby excluded. None of Bloomberg, ISDA or, where applicable, ICE makes any representations regarding whether the Fallback Rates Data would be appropriate for derivative or non-derivative financial instruments, including derivatives transacted outside of standard ISDA documentation and related protocols. Market participants are encouraged to consider and analyze the details of the Fallback Rates Data and determine independently whether they would be appropriate for any such use. Where Fallback Rates Data is used by IHS Markit as an input into: (i) a transaction, valuation, payment amount or settlement price and/or amount of an Approved Financial Product, or (ii) an index or benchmark, or constituents in any index or benchmark, and such Fallback Rates Data is disclosed by IHS Markit to you, you may only use it to identify how the Fallback Rates Data is used in connection with such use set out at (i) and (ii). “Approved Financial Product” means all financial products (created by any entity) incorporating or based upon ISDA Documentation for which the Fallback Rate(s) act as fallbacks as well as all other derivatives as well as cash security instruments, including, but not limited to, bonds, FRNs, loans and mortgages that have opted to use the Fallback Rate(s) as fallbacks in use cases not covered by ISDA Documentation. “ISDA Documentation” means standard documents produced and maintained by ISDA (such as the Supplement to the 2006 ISDA Definitions and related protocols) or instruments that incorporate such ISDA-maintained documents, including by exchange, clearing or other rule or reference.
Any other usage of any Fallback Rates Data (including pursuant to the usage terms referenced below) is prohibited without a separate agreement with Bloomberg in respect of such usage, unless otherwise agreed in writing.
For further information regarding the usage terms relating to the Fallback Rates Data, please refer to www.bloomberg.com/libor and https://assets.bbhub.io/professional/sites/27/ISDA-IBOR-Fallbacks-Web-Terms1.pdf (as may be updated from time to time).
16.30 European Central Bank The euro short-term rate “€STR ©” is the copyright of the European Central Bank. Disclaimer: The euro short-term rate – €STR, and any re-publication thereof (the “rate”) and all other related data and information, including the compounded euro sort-term rate average rates and the compounded euro short-term rate index, (the “information”) are published by the European Central Bank (ECB) for public information purposes only. The ECB and the Eurosystem national central banks, in so far as they contribute to the euro short-term rate determination process, shall not be liable for any error or inaccuracy in the rate or the information, for any delay in updating the rate or the information, nor shall they be liable or responsible for any reliance on or use of or inability to use the rate on the information in any financial instrument, contract, trade or any other commercial activity or investment decision. The ECB makes no representations or warranties, express or implied as to the currency, accuracy, timeliness, completeness, merchantability, or fitness for purpose of the rate or the information. The ECB accepts no liability or responsibility for any loss, damage, expense or claim (including, but not limited to any direct, indirect or consequential loss, whether or not such loss is foreseeable and whether or not the ECB has been apprised of the use to which the rate or the information will be put), however arising, from reliance on, use of or inability to use the rate or the information.
This disclaimer is not intended to limit the ECB’s non-contractual liability in contravention of any requirement which accord with the general principles common to the laws of Member States or to exclude its liability for matters which cannot be excluded under such laws.
16.31 Bank of Japan - TONAR The Tokyo Overnight Average Rate – TONAR, is the copyright of the Bank of Japan. Disclaimer: The Bank of Japan takes all reasonable measures to ensure the accuracy of the TONAR rate. However, the Bank of Japan assumes no responsibility for consequences arising in connection with the use of the TONAR rate.
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Last Updated: March 2022
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