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Attention: please read this agreement carefully before using the
STOXX website. If you do not accept this agreement, do not use this website.
Effective as of 1 December 2006
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| 1. |
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Definitions
The following definitions apply:
'Protected Data' comprise the data on stoxx.com (including, but not limited
to, indices, components of indices, methodologies, prices, quotations, market
data, rule books, research reports, news articles, images, illustrations,
opinions, charts, photos, audio and video clips) which are password-protected
and require a subscription to MySTOXX.
'Other Data' comprise all data on stoxx.com which are not Protected Data.
'News and Reports' comprise Protected Data and Other Data which are sent to
Users via email in accordance with their subscription.
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| 2. |
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Contracting Parties
This agreement shall apply as between STOXX Limited, Selnaustrasse 30,
8021 Zürich, Switzerland ('STOXX', 'we', 'us'), and you, the physical
person who wishes to use stoxx.com (the 'User').
In addition, if you use this website in the context of your employment,
you are also agreeing on behalf of your employer (also, a 'User')
to enter into a separate agreement with STOXX with the terms and
conditions set forth herein.
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| 3. |
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Conclusion of the contract |
| 3.1. |
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As for Protected Data, the User accepts and is legally bound
by this agreement upon subscription to MySTOXX.
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| 3.2. |
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As for Other Data, the User accepts and is legally bound by the
applicable terms and conditions of this agreement upon accessing
and using stoxx.com.
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| 4. |
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Scope of application
Subject to anything provided for herein, these Conditions of Use
shall exclusively govern any kind of use of stoxx.com, of
Protected Data and of Other Data.
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| 5. |
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Fees
For the time being the use of stoxx.com is free of charge.
STOXX reserves the right at any time to charge fees for
Protected Data. If at any time STOXX requires a fee for
Protected Data, STOXX will give Users advance notice of
such fees and the opportunity to cancel their subscription
to stoxx.com before such fees are imposed.
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| 6. |
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Subscription |
| 6.1. |
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In order to receive News and Reports via e-mail, or in order to download
Protected Data, the User must subscribe to MySTOXX and create a user
identification and password.
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| 6.2. |
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The User can at any time edit its profile in MySTOXX to include
then-current information. The User can also unsubscribe to
MySTOXX at any time by deleting its profile.
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| 6.3. |
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We will store the User's password and resend it to the User by e-mail upon request.
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| 7. |
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The User's rights and obligations |
| 7.1. |
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When creating or editing a new profile for MySTOXX, the User
shall make only true and accurate statements. Creating a
subscription under a pseudonym is not permitted. The User shall
update its profile as needed to keep the statements true and accurate.
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| 7.2. |
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The User may receive, download, store and use Protected Data and
Other Data solely for informational and internal purposes (including
research purposes). These rights are subject to any limits described
herein and that may be established by STOXX in its sole discretion
in the future and posted to these Conditions of Use.
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| 7.3. |
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The User is not permitted to forward, distribute or make available
to third parties any Protected Data, Other Data or any works derived
from such data. Any person or entity which is not an employee or a
wholly-owned subsidiary of the User or an employee of such
subsidiary is deemed to be a third party.
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| 7.4. |
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The User is not permitted to use Protected Data or Other Data or
any works derived from such data 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 licence agreement with STOXX.
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| 7.5. |
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If the User is in breach of any provision of this clause 7,
STOXX is entitled to block the User's access to Protected Data
with immediate effect without any notice and, additionally, to
make the User's further use of the Protected Data contingent on
the User entering into a licence agreement with STOXX and paying
a licence fee pursuant to STOXX's then current pricing. Furthermore,
STOXX is entitled to indemnity for any breach of this clause 7.
Such measures or payments do not entail any waiver or limitation
of any other right or remedy available to STOXX under the applicable laws.
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| 8. |
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Obligations of STOXX |
| 8.1. |
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STOXX shall make reasonable efforts to maintain the availability of
Protected Data and Other Data on stoxx.com. However, STOXX reserves
the right to remove portions of the Protected Data or Other Data
from stoxx.com at any time without notice. Neither STOXX nor any
of its licensors, including, without limitation, Dow Jones &
Company, Inc., located at 200 Liberty Street, New York, NY 10281
("Dow Jones"), guarantees or warrants the accuracy, completeness
or timeliness of Protected Data and Other Data, or any portion
thereof. Clause 9 shall remain unaffected. If the User wishes to
rely on the Protected Data or Other Data in any way it is the
User's responsability to independently verify the accuracy, completeness
or timelineness of that data. STOXX may discontinue or change
stoxx.com, or its availability to you, at any time.
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| 8.2. |
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stoxx.com may include facts, views, opinions and recommendations
of individuals and organisations deemed of interest. STOXX and its
licensors do not guarantee the accuracy, completeness or timeliness
of, or otherwise endorse, these views, opinions or recommendations,
give tax or investment advice, or advocate the purchase or sale of
any security or investment. Clause 9 shall remain unaffected.
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| 8.3. |
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Protected Data or Other Data may contain data from third parties
which may be used and forwarded by STOXX without any review for
accuracy or completeness. Neither STOXX nor any of its licensors
guarantee or warrant the accuracy, completeness or timeliness of
such data, or any portion thereof. Clause 9 shall remain unaffected.
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| 8.4. |
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Neither STOXX nor its licensors are giving investment advice,
tax advice, legal advice, or other professional advice via stoxx.com,
and neither STOXX nor it licensors sponsor, recommend or endorse the
purchase or sale of any security or investment product. Inclusion of
a company or other component in an index does not in any way reflect
an opinion of STOXX or its licensors of the investment merits of such
company or other component.
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| 9. |
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Disclaimer of Warranties and Liability |
| 9.1. |
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Neither STOXX, Dow Jones nor any of their respective affiliates,
agents and licensors guarantee or warrant the accuracy, completeness,
currentness, noninfringement, merchantability, fitness for a particular
purpose or constant availability of any Protected Data or any Other
Data. All conditions, warranties, terms or representations concerning
the subject matter of this agreement which might but for this clause 9.1 have
effect or would otherwise be implied or incorporated into
this agreement whether by statute, common law or otherwise, are
hereby excluded to the extent permitted under applicable law.
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| 9.2. |
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To the extent permitted under applicable law and subject to clause
9.5, neither STOXX, Dow Jones nor any of their respective affiliates,
agents or licensors shall be liable to the User or anyone else for
any loss or injury or damage whether such loss, injury or damage
were foreseeable, known or otherwise, and for contingencies beyond
its control in procuring, compiling, interpreting, reporting or
delivering Protected Data or Other Data.
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| 9.3. |
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To the extent permitted under applicable law, in no event will STOXX,
Dow Jones, or any of their respective affiliates, agents or licensors
be liable to the User or anyone else for any conclusions derived from,
any decision made or any actions taken by the User or anyone else
based on the use of the STOXX website, Protected Data or Other Data.
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| 9.4. |
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To the extent permitted under applicable law and subject to clause 9.5,
to the extent permitted under applicable law, neither STOXX, Dow Jones,
nor any of their respective affiliates, agents and licensors shall be
liable to the User or anyone else for any damages whatsoever (including,
without limitation: any direct, indirect, punitive or consequential
loss or damage or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damage arising from or connected
in any way to business interruption and whether in tort (including
without limitation negligence), contract or otherwise) even if advised
of the possibility of such damages.
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| 9.5. |
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Nothing in this agreement excludes or limits the liability of STOXX,
Dow Jones, or any of their respective affiliates, agents or licensors
(i) for fraud, (ii) for death or personal injury caused by negligence,
or (iii) which may not be excluded or limited under applicable law.
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| 9.6. |
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Neither STOXX, Dow Jones nor any of their respective affiliates,
agents and licensors shall be liable for damages resulting from
'force majeure', riot, acts of war, natural disasters, or other events
over which they have no control, (including, without limitation, strikes,
lock-outs, traffic disruptions, orders by governmental authorities in
Switzerland or abroad), or as a consequence of technical problems,
such as IT disruptions, for which they are not at fault. The term
'force majeure' shall also include computer viruses or intentional
attacks by 'hackers' on IT systems, provided that reasonable security
systems were in place to avert damage from such attacks.
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| 9.7. |
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The User may, through hypertext or other computer links, gain access to
other websites. The User agrees that STOXX is not responsible for the
content or operation of such websites, and that STOXX shall have no
liability to the User or any other person or entity for the use of third
party websites. The User is solely responsible for determining the
extent to which it may use any content at any other websites to which
it links from stoxx.com.
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| 9.8. |
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Certain market data is provided by Reuters America Inc., located at
1700 Broadway, New York, NY, 10019, USA ('Reuters') for informational
purposes only and is not intended for trading purposes. Reuters shall
not be liable for any errors or delays in content, or for any actions
taken in reliance thereon. Reuters is a registered trademark of the
Reuters group of companies.
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| 9.9. |
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The Dow Jones STOXX indices are based on the Industry Classification
Benchmark (ICB) from Dow Jones and FTSE International Limited. The ICB
has been licensed to STOXX for use. Dow Jones and DJ are trade and
service marks of Dow Jones & Company Inc. FTSE is a trade and
service mark of London Stock Exchange and The Financial Times Limited.
Dow Jones and FTSE do not accept any liability to any person for any
loss or damage arising out of any error or omission in the ICB.
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| 10. |
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Intellectual Property |
| 10.1. |
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The entire content on stoxx.com, the Protected Data and the Other
Data are the property of STOXX and/or its licensors, including,
without limitation, Dow Jones and data vendors, and are protected
by copyright and/or other intellectual property laws and/or
unfair competition or misappropriation laws. Such content may
only be used in accordance with this agreement and any unauthorised
use is strictly prohibited.
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| 10.2. |
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All trade names, trademarks, service marks and other product and
service names and logos on stoxx.com used are proprietary to their
respective owners and are protected by applicable trademark laws.
Any of the trademarks, service marks or logos (collectively, the
'Marks') displayed on stoxx.com may be registered or unregistered
marks of STOXX, Dow Jones or others. Nothing contained in stoxx.com
may be construed as granting any licence or right to use any of the
Marks displayed here without the express written permission of STOXX
or the owner of such Marks. Any unauthorised use of the Marks is
strictly prohibited.
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| 10.3. |
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The Dow Jones STOXX indices and the respective index values,
constituents, methodologies and all other subsets or elements
of these indices are proprietary to their respective owners and
are protected by copyright, patents, trademark law, data base
rights and/or other intellectual property rights, as the case
may be. Nothing contained in stoxx.com may be construed as
granting any licence or right to use any Dow Jones STOXX index,
in its entirety, or any element or subset of such index, without
entering into a licence agreement with STOXX.
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| 11. |
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Personal Data
STOXX has the right to electronically store and process personal
data provided by the User when creating and updating its profile
in accordance with the applicable laws and
the Privacy Policy on
stoxx.com. Personal data is treated as confidential consistent
with the terms of the Privacy Policy and is used exclusively
for business relations between STOXX and the User as further
described in the Privacy Policy.
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| 12. |
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Term |
| 12.1. |
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As for Protected Data, this agreement shall be terminated upon
the User's breach of this Agreement, cancellation or deletion
of the respective User profile or upon termination of stoxx.com.
As for Other Data, this agreement shall remain effective while
the User is using stoxx.com.
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| 12.2. |
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Clauses 7.3 to 7.5; 9, 10 and 13 shall survive the termination of this agreement.
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| 13. |
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Final provisions |
| 13.1. |
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If any provision in this agreement is invalid or unenforceable
under applicable law, the remaining provisions will continue in
full force and effect. Subject to anything provided for herein,
this agreement constitutes the entire agreement between the parties
regarding the use of stoxx.com and supersedes any and all other
agreements, oral or in writing, with respect to such content.
The failure of STOXX 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.
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| 13.2. |
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The specific rights and obligations to STOXX of STOXX' data
vendors shall be defined in a separate agreement between the
data vendor and STOXX (the 'Vendor Agreement'). The rights and
obligations of data vendors shall be complemented by this agreement.
In the event of conflict between the Vendor Agreement and this
agreement, the provisions in the Vendor Agreement shall prevail.
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| 13.3. |
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This agreement, the User's rights and obligations, and all actions
contemplated by this agreement shall be governed by the laws of
Switzerland, without regard to the choice of or conflicts of law
principles, as if this agreement was a contract wholly entered into
and wholly performed within Switzerland. The exclusive place of
jurisdiction for any controversy arising out of or relating to
this agreement shall be Zurich 1, Switzerland.
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| 13.4. |
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The current up-to-date version of this agreement will be available at all times on stoxx.com.
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