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TIW DATA REPORT TERMS OF USE AGREEMENT

Welcome to the TIW Data Report ("Report"). By clicking the icon "I agree", you agree to comply with and be bound by the terms and conditions set forth below.  Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use the Report. The term DTCC” refers to The Depository Trust & Clearing Corporation and/or its affiliates. The term "you" refers to the user or viewer of the Report.


1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the Report. This Agreement may be amended at any time by DTCC from time to time without specific notice to you. The latest Agreement will be posted on the DTCC web site (the "Site"), and you should review this Agreement prior to using the Report. Incorporated by reference in the Agreement are the Site's Important Legal Information section and the Site's Information Privacy Policies & Procedures.


2. Description of the Report

You agree that you will read any explanatory materials that accompany the Report. Please note that the Report does not include  important economic information that may relate to other derivatives activity, such as information on associated positions, on other derivatives activity (including further derivatives positions), and other counterparty or credit risk related positions, including associated collateral positions. As a result, it is not necessarily possible to determine accurate credit and counterparty risk exposure information from the Report. Certain of the content, information, materials or in the Report may be considered “non-traded” in nature, such as data related to industry compression or tear-up activity, or data on the clearing of existing transactions. In addition, content, information and materials included in the Report may be recorded in short form, where they have not been supplied to us as fully matched confirmation records. These short form records may omit necessary data items to identify them as relevant to a specific enquiry. Please note that not all records have been submitted to DTCC as of their trade date, as certain transactions have been loaded in batches.


3. Intellectual Property Rights.

The Report, including its content, organization, graphics, design, compilation are the exclusive property of DTCC and are protected by copyright and other intellectual property laws.  All rights not expressly granted to you in this Agreement are reserved by DTCC. The Depository Trust &Clearing Corporation, DTCC, TIW, and all other names, logos, and icons identifying DTCC or DTCC’s products or services are the trademarks or service marks of DTCC.  Nothing in this Agreement grants you a license or right to use the trademarks, names or logos of DTCC.


4. Limited License; Permitted Uses.

You are granted a limited, non-exclusive, non-transferrable, revocable license to access and use the Report solely for your own personal or internal business purposes, subject to the terms and conditions of this Agreement. 


5. Restrictions and Prohibitions on Use.

Your license for access and use of the Report and any content, information or materials contained  therein (collectively defined as "Content") are subject to the following restrictions and prohibitions on use: You may not, without DTCC’s prior written permission, (a) reproduce, publish, redistribute, broadcast or retransmit the Report Content or the Content, create any derivative works from the Content, use the Content to compete with or in a manner otherwise adverse to DTCC; or (b) remove, change or obscure any disclaimer, copyright notice or other notice or terms of use contained in the Report.


6. Disclaimer of Warranties and Limitation of Liability

THE REPORT AND THE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS, ERRORS, DEFECTS, INACCURACIES AND OMISSIONS.  ACCORDINGLY, YOUR USE OF THE CONTENT IS ENTIRELY AT YOUR OWN RISK.  Nothing in the Report shall be considered an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. Nothing in the Report is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast or prediction. DTCC DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO ALL ASPECTS OF THE REPORT. DTCC DOES NOT IN ANY WAY GUARANTEE, AND SHALL NOT BE LIABLE FOR, THE ADEQUACY, QUALITY, ACCURACY, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE REPORT OR THE CONTENT.  DTCC DOES NOT WARRANT THAT THE REPORT OR THE CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE REPORT WILL PROVIDE SPECIFIC RESULTS. 

WITHOUT LIMITING ANY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL DTCC, OR ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS OR CONSULTANTS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF OR FROM THE REPORT OR ITS  CONTENT OR ANY JUDGMENTS, OPINIONS, RECOMMENDATIONS OR FORECASTS OR CONCLUSIONS WHETHER OR NOT BASED ON THE REPORT OR ITS CONTENT, EVEN IF THEY MIGHT HAVE ANTICIPATED OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any claim that You bring relating to this Agreement or your use of the Site or the Content must be made within one (1) year of the date on which such claim accrued or will be deemed waived.  


7. Indemnity

To the maximum extent permitted by law, you agree to indemnify DTCC, including without limitation DTCC Deriv/SERV LLC, each of the DTCC companies acting as a trade repository in any jurisdiction and each of their directors, managers, employees, agents and consultants (the “Indemnified Parties”) in respect of, and hold each of them harmless from and against, any and all losses, liabilities, damages, fines, penalties, deficiencies, costs or expenses, including the reasonable fees and expenses of attorneys or other experts and professional advisers suffered, incurred or sustained by any of them, or to which any of them becomes subject, as a result of, any (a) third party claim arising from or related to your use of the Report or the Content; or  (b) your violation of this Agreement.


8. Jurisdiction and Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. DTCC and you each agree to submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York or any court of the State of New York located in the County of New York in any action or proceeding arising from or relating to this Agreement, the Report, or any of the Content.  


9. Miscellaneous

Except as otherwise set forth in a separate written agreement signed by an authorized representative of DTCC, this Agreement represents the entire understanding relating to the use of the Report and prevails over any prior or contemporaneous, conflicting or additional communications. The failure of DTCC to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. No course of conduct between DTCC and you or any other party will be deemed to modify any provision of these Terms of Use.  If any provision in this Agreement is determined to be void or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

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