The Customer is not authorized to redistribute material containing the GICS data in any form or manner to any third party.
Use of the GICS data shall only be by employees of Authorized Users and solely for internal business purposes or personal,non-commercial use, as permitted in Licensee’s agreement with MSCI or S&P.
- The Customer is not authorized to use or permit anyone else to use the Service to create any securities products or indices based on the Service or any portion thereof.
- The Customer must treat the GICS data as proprietary to MSCI and S&P, and/or their affiliates, and/or their third party providers. MSCI and S&P, and/or their affiliates, and/or their third party providers are the sole and exclusive owners of the GICS data (including all trade secrets, copyrights, trademarks and other intellectual property rights in or to the GICS data).
- The Customer is not authorized, other than as expressly permitted by MSCI or S&P to: (i) alter, modify or adapt any component of the GICS data, including, but not limited to, translating, decompiling, disassembling, reverse engineering or creating derivative works; or (ii) use the GICS data to verify the accuracy of other data or to correct such other data; or (iii) resell or otherwise transfer or make the GICS data, or any part or component thereof, available to any other person or organization (including, without limitation, the Customer’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.
- S&P or MSCI may, in its sole and absolute discretion and at any time, terminate the Customer’s right to receive and/or use the GICS data; and (ii) provision of the GICS data is subject to termination in the event that the relevant agreement between Licensee and MSCI or S&P is terminated in accordance with its terms.
- THE DATA ARE PROVIDED TO CUSTOMER ON AN “AS IS” BASIS. [LICENSEE], ITS INFORMATION PROVIDERS, AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE DATA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA (OR THE RESULTS TO BE OBTAINED BY THE USE THEREOF). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE, ITS INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING ANY OF THE DATA EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ORIGINALITY, ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
- CUSTOMER ASSUMES THE ENTIRE RISK OF ANY USE CUSTOMER MAY MAKE OF THE DATA. IN NO EVENT SHALL LICENSEE, ITS INFORMATION PROVIDERS OR ANY THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE DATA, BE LIABLE TO THE CUSTOMER, OR ANY OTHER PERSON, FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE INABILITY OF THE CUSTOMER TO USE THE DATA, REGARDLESS OF THE FORM OF ACTION, EVEN IF LICENSEE, ANY OF ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE DATA HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES.