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Monday, 11 December 2017

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FDP Data Website Terms and Conditions

1.0 Agreement

1.1 These Terms and Conditions (the ”Website Terms and Conditions“) govern your use of the FinDataPortal™(“FDP”) Website ( “the Website”), your receipt of any premium or subscription-based services and information made available through the Website, and your use of any trial services available through the Website (collectively, the “Services”).

1.1 The Website constitutes an agreement between you and FDP. Some of the services, information and products available from us or third parties through the Website may also be governed by additional agreements. To the extent that there is any conflict between these Website Terms and Conditions and any separate written agreement you have executed or otherwise entered into with us regarding any services or information available through the Website, the terms of such separate agreement shall control.

1.3 Please read these Website Terms and Conditions carefully; they impose legal obligations on you and govern your relationship with us. By accessing the Website or using the Services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with them.

2.0 Conditions on Participation

2.1You may use the Services only if: (i)you are eighteen (18)years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Services; and (iv) you agree to be bound by and abide by all of the provisions of these Website Terms and Conditions.

2.2 You acknowledge and agree that we may terminate your access to the Website and the Services should you fail to comply with the Website Terms and Conditions. Any such termination shall be in our sole discretion and may occur without prior notice, or any notice. FDP reserves the right to terminate any user’s access to the Website or the Services for any conduct or activity that FDP, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to FDP, or for any conduct or activity that violates foreign laws any local, state, federal or other regulations. FDP further reserves the right to terminate any user’s access to the Website or Services for any reason or for no reason at all, in FDP’s sole discretion, without any prior or other notice.

3.0 Purpose of Services and Website

3.1 The Services and Website are made available solely as a convenience to you for general informational purposes.

4.0 Disclaimer Regarding Content

4.1 FDP cannot and does not represent or guarantee that any of the information available through the Services or Website is accurate, reliable, current, complete or appropriate for your needs. Various information available through the Services or Website may be provided by parties with whom FDP has no relationship (or no relationship other than one established through these Website Terms and Conditions). Some other information available through the Services or Website may be specially obtained from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable information (collectively, the “Data Providers”). Nevertheless, due to various factors—including the inherent possibility of human and mechanical error—the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and Website are not and cannot be guaranteed by FDP.

5.0 Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data

5.1 Unless otherwise noted, all right, title and interest in and to the Website and the information made available through it, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of FDP, its affiliates or its Data Providers. To the extent the Website or the Services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), FDP owns all right, title and interest (including copyright), in all languages, formats and media throughout the world, in the selection, arrangement and presentation of such information on the Website or in the Services, as well as in the selection, arrangement and presentation of other content on the Website and in the Services. Certain materials may be made available for download from the Website. Subject to these Website Terms and Conditions, FDP grants you permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further, that you do not modify the materials in any way. Without limiting any other right or remedy available to FDP, at law or in equity, the permission herein granted will automatically terminate in the event you breach any website Terms and Conditions and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.

5.2 EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF FINDATAPORTAL AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF FINDATAPORTAL AND THE RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS. YOU FURTHER AGREE NOT TO USE THE WEBSITE OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY FINDATAPORTAL TO PROTECT THE RESPECTIVE RIGHTS OF FINDATAPORTAL, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.

6.0 Our Data Providers’ Requirements

6.1 These Website Terms and Conditions are subject to all requirements of FDP’s Data Providers under agreements with such Data Providers, including such additional financial and contractual requirements as may be imposed by such Data Providers from time to time.

7.0 Disclaimer Regarding Links and other Third Party Content

7.1 The Website and Services may provide you with the ability to access a variety of information, material or other content from third parties (“Third Party Content”), including through links to other websites. Prior to being able to access any Third party Content, you may be required to enter into agreements directly with Third Party Content Providers.
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7.2Whenever you access third party content, YOU PROCEED AT YOUR OWN RISK. You understand and agree that such third parties are solely liable for any content or other material posted or otherwise provided by third parties. You further acknowledge that FDP does not necessarily (and is not obligated to) review or screen any third Party Content, either before or after it becomes available through the Website and Services, and cannot and does not guarantee, attest to, verify or otherwise warrant that any Third Party Content is or will be accurate, free from errors, defects or harmful elements, consistent with what it purports to be, appropriate to fit your needs or otherwise safe or non-objectionable. We provide these links as a convenience and do not endorse the content or services offered by these other sites .

8.0 No Creation of Third-Party Rights

8.1 Except as otherwise expressly set forth herein, nothing in these Terms and Conditions shall be construed to create any rights or obligations in, or otherwise on behalf of any third parties.

9.0 Complaints Over Perceived Infringement

9.1 If you believe that materials posted on our Website infringe your rights under copyright law in specific materials (collectively, a "Work"), we request that you notify us in writing, such Notification to contain the following information:

10.0 No Advice or Solicitation

10.1YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND SERVICES ARE NOT INTENDED TO SUPPLY FINANCIAL, TAX, LEGAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH YOUR ADVISORS AND LEGAL COUNSEL REGARDING ANY SPECIFIC SITUATION. FDP, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY SUPPLIERS OFFER NO ADVICE REGARDING THE PURCHASE, SALE, HOLDING, OR SUITABILITY OF ANY PARTICULAR SECURITY, TRANSACTION, INVESTMENT OR INVESTMENT STRATEGY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES, AND ANY DECISIONS MADE IN RELIANCE UPON THE WEBSITE AND/OR SERVICES, ARE MADE AT YOUR OWN RISK.

11.0 Product Demonstrations

11.1All trials that may be available via the Website from time to time may only be used during the time periods for which they are offered. All trials must be used in accordance with any accompanying instructions and may not be used for any reason other than their intended purpose.

12.0 Access and Security

12.1 If you elect to register for any of the Services or other offerings that may be available via the Website from time to time, you agree (a) to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information constituting the “Registration Data”), and (b) to maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate or incomplete, or FDP has reason to suspect that you have done so, FDP may suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof. You accept responsibility for the confidentiality and use of any access codes, account numbers and customer code numbers that you may receive for your access to and use of the Services. You accept responsibility for all time used and all activity that occurs through or under your access codes, customer numbers and/or account numbers. You agree to notify FDP immediately if you become aware of any loss, theft or unauthorized use of your access codes and/or account numbers.

13.0 Disclaimer of Warranties and Limitation of Liability

13.1 You agree that neither FDP, its affiliates, officers, directors, employees, agents or representatives, nor
any of the Data Providers nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Website or Services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Website or Services; for any decision made or action taken by you or anyone else in reliance upon such information or the Website or Services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Website or Services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Website or Services.

13.2 THE WEBSITE AND SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE SERVICES OR ANY ASPECT OF THE INFORMATION MADE AVAILABLE VIA THE WEBSITE OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT. IN NO EVENT WILL FDP OR ITS AFFILIATES OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE OR DELAY), OR CLAIMS ARISING IN TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EVEN IF FDP, ITS AFFILIATES OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FDP’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY FOR ACCESS TO THE WEBSITE OR THE SERVICES.

YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITE MAY CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY.UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH THE WEBSITE.

14.0 Indemnification

14.1You agree to indemnify and hold harmless FDP, its affiliates, the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorney’s fees, of every kind and nature, arising from or relating to your use of the Website or the Service or the information made available through the Website or the Services and/or your violation of these Website Terms and Conditions or any third party’s rights, including, but not limited to, copyright, proprietary rights, and rights under defamation law.

15.0 Modification and Termination of Website; Modification of Website Terms and Conditions

Notwithstanding any provision in these Website Terms and Conditions, FDP reserves the right, in its sole discretion, at any time and from time to time, and without notice, to change, amend, or modify and/or to terminate, restrict access, or cease publishing (i) the Website, (ii) any particular information made available via the Website, or  (iii) these Website Terms and Conditions. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Website Terms and Conditions, as changed.

16.0 Data Providers Enforcement Right

16.1 Data Providers may enforce these Website Terms and Conditions against you by legal proceedings or other appropriate means.

17.0 Force Majeure

17.1In addition to applicable disclaimers, stated above,  FDP’s performance under these Website Terms and Conditions shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labour dispute, acts of third party information providers, third party software errors or failures or communication method interruptions or failures.

18.0 Entire Agreement

18.1 These Website Terms and Conditions and our Privacy Policy embody the entire understanding of the parties with respect to the Website and supersede any and all prior representations and agreements, if any, oral or written, with respect to the Website. In the event of any conflict between these Website Terms and Conditions and/or Privacy Policy and any separate  agreement you have executed or otherwise entered into regarding services available from FDP or its affiliates, the terms of such separate agreement shall control.

19.0 Severability; No Waiver

19.1 Should any provision of these Website Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the remaining provisions shall not be affected thereby. Failure of any party to enforce any  provision of these Website Terms and Conditions on any occasion shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision on a subsequent occasion.

20.0 Choice of Law; Choice of Forum

20.1 These Website Terms and Conditions and the Privacy Policy shall be interpreted in accordance with the laws of the State of New York without reference to conflicts of law provisions. You expressly consent and agree that any claims arising under or related in any way to these Website Terms and Conditions, the Privacy Policy, the Website or the Services shall be brought only in the state or federal courts located in the State of New York and therefore you consent to the jurisdiction and venue of those courts.

21.0 Assignment

21.1 These Website Terms and Conditions shall not be assignable by you, either in whole or in part. FDP reserves the right to assign its rights and obligations under these Website.

22.0 Survival

21.1 Sections 2, 5-9, 11-15, and 17-24 shall survive the termination of these Website Terms and Conditions and shall apply indefinitely.

23.0 Your Consent

23.1 By using our Website, you agree to comply with, and be bound by these Website Terms and Conditions. If you do not agree with some, or all of these Website Terms and Conditions, you are not authorized to visit the Website.