Toronto Stock Exchange (TSX) terms of use

The S&P/TSX Index data (“Index”) is a product of S&P Dow Jones Indices LLC and TSX Inc. and has been licensed for use by [Customer]. All rights reserved. S&P® is a registered trademark of Standard & Poor’s Financial Services LLC (“S&P”). Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”). TSX® is a registered trademark of TSX Inc. Neither S&P Dow Jones Indices LLC, S&P, Dow Jones, TSX Inc., their affiliates nor their third party licensors make any representation or warranty, express or implied, as to the ability of any index to accurately represent the asset class or market sector that it purports to represent and none such entities shall have any liability for any errors, omissions, or interruptions of any index or any data related thereto.

The “[INDEX]” is a product of S&P Dow Jones Indices LLC (“SPDJI”) and TSX Inc., and has been licensed for use by [Licensee]. Standard & Poor’s® and S&P® are registered trademarks of Standard & Poor’s Financial Services LLC (“S&P”). Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”). TSX® is a registered trademark of TSX Inc. The trademarks have been licensed to SPDJI and have been sublicensed for use for certain purposes by [Licensee][Licensee’s Product(s)] are not sponsored, endorsed, sold or promoted by SPDJI, S&P, Dow Jones, any of their respective affiliates (collectively, “S&P Dow Jones Indices”) or TSX Inc. or its affiliates (collectively, “TSX”). Neither S&P Dow Jones Indices nor TSX make any representation or warranty, express or implied, to the owners of the [Licensee’s Product(s)] or any member of the public regarding the advisability of investing in securities generally or in [Licensee’s Product(s)] particularly or the ability of the [INDEX] to track general market performance. S&P Dow Jones Indices’ only relationship to [Licensee] with respect to the [INDEX] is the licensing of the Index and certain trademarks, service marks and/or trade names of S&P Dow Jones Indices and/or its licensors. The [INDEX] is determined, composed and calculated by S&P Dow Jones Indices without regard to [Licensee] or the [Licensee’s Product(s)]. S&P Dow Jones Indices and TSX have no obligation to take the needs of [Licensee] or the owners of [Licensee’s Product(s)] into consideration in determining, composing or calculating the [INDEX]. Neither S&P Dow Jones Indices nor TSX are responsible for and have not participated in the determination of the prices, and amount of [Licensee’s Product(s)] or the timing of the issuance or sale of [Licensee’s Product(s)] or in the determination or calculation of the equation by which [Licensee’s Product(s)] is to be converted into cash, surrendered or redeemed, as the case may be. S&P Dow Jones Indices and TSX have no obligation or liability in connection with the administration, marketing or trading of [Licensee’s Product(s)]. There is no assurance that investment products based on the [INDEX] will accurately track index performance or provide positive investment returns. S&P Dow Jones Indices LLC and TSX are not investment advisors.  Inclusion of a security within an index is not a recommendation by S&P Dow Jones Indices or TSX to buy, sell, or hold such security, nor is it considered to be investment advice. NEITHER S&P DOW JONES INDICES NOR TSX GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS AND/OR THE COMPLETENESS OF THE [INDEX] OR ANY DATA RELATED THERETO OR ANY COMMUNICATION, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATION (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO.  S&P DOW JONES INDICES AND TSX SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, OR DELAYS THEREIN. S&P DOW JONES INDICES AND TSX MAKE NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR AS TO RESULTS TO BE OBTAINED BY [LICENSEE], OWNERS OF THE [LICENSEE’S PRODUCT(S)], OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE [INDEX] OR WITH RESPECT TO ANY DATA RELATED THERETO.  WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P DOW JONES INDICES OR TSX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THERE ARE NO THIRD PARTY BENEFICIARIES OF ANY AGREEMENTS OR ARRANGEMENTS BETWEEN S&P DOW JONES INDICES AND [LICENSEE], OTHER THAN THE LICENSORS OF S&P DOW JONES INDICES.