following terms and conditions apply to these services. Please read these
carefully and then select ‘Accept’ to agree to them and start receiving the
AND CONDITIONS OF USE
our licensors, own all the proprietary rights and interests in the Adaptive
Asset Allocation Policy (AAAP) Calculator (“Product”) and also in all
the information/data provided as part of the Product (the “Data”). The
Product and Data are together known as the (“Services”).
acceptance by you of the terms and conditions set out in this agreement and in
consideration thereof, FTSE will provide the Services to you until terminated
by you or FTSE as set out below (“Term”) as follows:
1. We grant you a licence
to receive and use the Services via the Analytics section of the FTSE website
at www.ftse.com on the terms of this agreement for the Term.
2. You acknowledge that
the Services constitute assets of great value to us and you agree that the
know-how, copyright, database rights, trade mark rights, all other intellectual
property rights and any other rights of whatever nature in and to the Products
and Data shall remain the property of and is vested in us (or our licensors).
Any modifications or enhancements made to the products during the Term will
belong exclusively to FTSE International Limited.
3. You shall not copy, reverse
engineer, sell, license, distribute, transmit or duplicate the Services or part
thereof to any third party in any form or by any means. You agree to keep
any username and/or password issued to you to access the Services confidential
and shall inform us immediately you become aware that such username/password is
no longer confidential.
4. You are not allowed
to a) create (whether for yourself or someone else) any financial product or
service which seeks to match the performance of, or the capital or income value
of which is related to, any of the Data; b) copy or store the Data other than
for your own use and as may occur incidentally in the normal course of use of
your browser or mobile device; c) store the Data (including pages of our
website) on a server or other storage device connected to a network or create a
database by systematically downloading and storing such Data; d) remove or change
any content of the Data or attempt to circumvent security or interfere with the
proper working of the Services or any servers on which they is hosted. You are
not allowed to make any reference to the Services or any part thereof or to any
FTSE trade marks, in any promotional or marketing materials, without our prior
5. You must only use
the Services for lawful purposes (complying with all applicable laws and
regulations), in a responsible manner, and not in a way that might damage our
name or reputation or that of any of our affiliates.
6. You shall only use
the Services for the purpose of reference and for no other purpose whatsoever.
7. You understand and acknowledge that at the end of the Term the supply
of and your licence to use the Services will be terminated immediately, without
further notice to you.
8. If you breach, or we
reasonably suspect that you have breached, any of the terms of this agreement,
we may terminate provision of the Services immediately.
licence may be terminated by either party during the Term upon fourteen days'
termination you will, within two working days, return to us all copies of all
or part of the Services on any tangible medium and any associated documents and
shall completely delete all electronic copies of all or any part of the Data
resident any of your IT systems or elsewhere.
11. Save for
death and personal injury caused by our negligence, we shall have no liability
of any kind to you in respect of the Services. In particular, we do not accept
any liability (regardless of how it might arise) for any claim or loss arising
from any advice given; any investment or other decision made; or any
transaction made or effected, in reliance on, or on the basis of, the Services
nor for any such liability arising from any other use of, or reliance on, the
Sevices nor shall we have any liability for the loss or corruption of any data,
systems or equipment. You agree that you have sole responsibility for
protecting your data during use of the Services.
Services are provided to you “as is”. Use of the Services is at your own risk. It
is your responsibility to confirm, to your own satisfaction, that the Services
are suitable for the use (as permitted under this agreement) which you wish to
make of them.
No representations, conditions warranties or other terms of any
kind are given in respect of the Services, and all statutory warranties and
conditions are excluded to the fullest extent possible.
In the event that we are found liable to you for any reason, other
than death or personal injury caused by our negligence, the sums payable by us
to you in respect of such liability shall not exceed £100.
15. You will indemnify
us (and our licensors) and keep indemnifying us (and our licensors) against all
loss, damage and expense (including any legal and other professional expenses)
incurred or suffered by us directly or indirectly arising (in whole or in part)
from any use, reproduction or distribution by you (or any person authorised or
permitted by you) of the Services or any part of the Services in a manner not
authorised by this agreement.
16. Each party agrees
and undertakes that, both during and after the term of this agreement, it will
keep confidential, will not use for its own purposes and will not without the
prior written consent of the other party disclose to any third party any
information concerning the Services, the existence and terms of this agreement,
the business and affairs of the other which may become known to such party in
connection with this
unless such information is public knowledge other than as a result of a breach
of this paragraph, has been independently acquired from a third party without
restriction on disclosure, or is required by law or any regulatory body or for
the purposes of litigation by or against either party to be disclosed.
on your behalf confirms that he/she is authorised to enter into this agreement
on your behalf, and to bind you to its terms and conditions.
may make changes to these terms and conditions from time to time. When these
changes are made, we will make a new copy available at:
understand and agree that if you use the Services after the date on which the terms
and conditions have changed, we will treat your use as acceptance of such.
19. This agreement is governed by English
law. Both parties submit to the exclusive jurisdiction of the English courts
in relation to any dispute concerning this agreement.