When registering online to use the Adaptive Asset Allocation Policy Calculator website,
the following Terms and Conditions apply.
TERMS AND CONDITIONS OF USE
We, or 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”).
Upon 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 written consent.
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.
9.
The licence may be terminated by either party during the Term upon fourteen days' written
notice.
10. Upon 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
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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.
12. The 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.
13. 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.
14. 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 agreement 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.
17. The person accepting this agreement 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.
18. We 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:
http://www.ftse.com/Analytics/AAAP/Home/BackgroundInformation
You 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.
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