Third Party Data Terms

Last Updated: 5 December 2023

Additional Contract Terms applicable to Users permissioned to use any Alternative ID for search/create of UPI in the UPI Service (SEDOL, CUSIP/CINS, FIGI) 

1. ICE DATA SERVICES, ITS AFFILIATES AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR ANY OTHER MATTER AS TO THE SERVICES PROVIDED BY ICE DATA SERVICES OR ITS AFFILIATES INCLUDING THE INFORMATION, DATA, SOFTWARE, APPLICATIONS OR PRODUCTS CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE, AND AS TO THE PERFORMANCE THEREOF. NEITHER ICE DATA SERVICES, ITS AFFILIATES NOR THEIR SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES OR ANY COMPONENT THEREOF AND SHALL HAVE NO LIABILITY TO THE PERMISSIONED DSB USER OR ANY THIRD PARTY FOR ANY ERRORS, OMISSIONS OR MALFUNCTIONS IN THE SERVICES.
2. The permissioned DSB User acknowledges that the Services are intended for use by institutional investors, registered brokers, professionals and others of similar sophistication and experience.
3. The permissioned DSB User accepts responsibility for, and acknowledges it exercises its own independent judgment in, its selection of any of the Services, its selection of the use or intended use of such, and any results obtained. Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable securities law.
4. The permissioned DSB User shall indemnify ICE Data Services and its suppliers against and hold ICE Data Services harmless from any and all losses, damages, liability, costs, including attorney’s fees, resulting directly or indirectly from any claim or demand against ICE Data Services or its suppliers by a third party arising out of or related to any Services received by the permissioned DSB User, or any data, information, service, report, analysis or publication derived therefrom. Neither ICE Data Services nor its suppliers shall be liable for any claim or demand against the permissioned DSB User by a third party.
5. ICE Data Services and its third party suppliers shall constitute third party beneficiaries hereunder.
6. Unless otherwise agreed to in writing, the Data may be used by the permissioned DSB User solely for their internal use and benefit within the Approved Product(s). Use of the Data expressly excludes, without limitation, the following, unless express prior authorization, in writing, by ICE Data Services:

• • Use to create or assist in the creation of any index
  • Use for fund valuation purposes, including but not limited to, fund accounting, net asset value and indicative net asset value calculations
  • Use in the construction of a security master or cross-reference database
  • Further dissemination in any form to any other third party; use of the Data for a joint venture to which the permissioned DSB User is a party
  • Use in replacement of any data received by you directly or indirectly from ICE Data Services under any other agreements you may have with ICE Data Services, or another third party service provider or distributor whereby you receive ICE Data Services’ data or information
  • Use of in the construction of data, products or services that may compete with data, products or services available from ICE Data Services and/or its affiliates.

7. The permissioned DSB User agrees to keep complete and accurate books, records and related documentation concerning the use of the ICE Data Services’ Data. ICE Data Services and/or its Third Party Suppliers, either directly or through a third party independent auditor, are hereby granted the right to (i) audit and examine, upon reasonable notice, the permissioned DSB User ’s books, records and applicable computer equipment, devices, components, transmission equipment and software used by the permissioned DSB User in connection with the installation, maintenance, accessing, delivery, transmission, reception, retrieval or use by the permissioned DSB User of the ICE Data Services’ Data, and (ii) observe, upon reasonable notice, operations conducted by the permissioned DSB User relating to the use of the Data. This right will be exercised by ICE Data Services not more than once during any twelve (12) month period pursuant to any reasonable security or confidentiality provisions at the permissioned DSB User ’s request.

Additional Terms applicable to Users permissioned to use SEDOL as an Alternative ID for search/create of UPI in the UPI Service

The UPI Service provided by the Derivatives Service Bureau Ltd contains SEDOL Masterfile® data sourced from the London Stock Exchange®. It is the obligation of the customer to ensure they have the appropriate licence in place with the London Stock Exchange to receive this data. Customer agrees that Derivatives Service Bureau Ltd  may provide the customer’s contact information to the London Stock Exchange to allow verification of the licence status. Derivatives Service Bureau Ltd is required to exclude SEDOL Masterfile data from the UPI Service until as such time as the London Stock Exchange confirms that permission has been granted to use this data. The London Stock Exchange may require the Derivatives Service Bureau Ltd to cease the provision of the SEDOL Masterfile® if requested to do so by the Exchange where the customer is in breach of its licence with the London Stock Exchange.

Additional Contract Terms applicable to Users permissioned to use CUSIP/CINS as an Alternative ID for search/create of UPI in the UPI Service

Where relevant, the terms and language in these Additional Contract Terms have the definition and meaning as stated in your CGS CUSIP Distribution Agreement.

“Subscriber agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services (“CGS”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein. Any use by Subscriber outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. Subscriber 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, Subscriber 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.”

“Subscriber agrees that Subscriber 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. Subscriber 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 and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER , DATABASE, INTERNET, ELECTRONIC Services and/or any other future services developed by CGS.”

“NEITHER CGS, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.” “Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.” “In the event Subscriber has a CGS License Agreement that permits broader rights than those granted above, then the terms of that Subscriber’s CGS License Agreement shall govern such Subscriber’s use of the CUSIP Database and/or any information contained therein for so long as such agreement remains in effect.”