ICE Data Index Data – Terms of Use

Last Updated: December 2023

The Index Data is being provided for Your internal use only and You are not authorized or permitted to publish, display, distribute or otherwise furnish Index Data (including Index Information) to any third-party without written approval of ICE Data.

Neither ICE Data, its affiliates nor any of its Third Party Suppliers shall have any liability for the accuracy or completeness of the Index Data obtained through the Site or the Services, or for delays, interruptions or omissions therein, nor for any lost profits, direct, indirect, special or consequential damages.

The Index Data is not investment advice and a reference to a particular investment or security, a credit rating or any observation concerning a security or investment provided in the Index Data is not a recommendation to buy, sell or hold such investment or security or make any other investment decisions.

You shall not (i) use any Index Data as a reference index for the purpose of creating financial products (including but not limited to any exchange-traded fund or other passive index-tracking fund, or any other financial instrument whose objective or return is linked in any way to any Index), or (ii) use any Index Data either in whole or in part or in combination with Your data and/or third party data as a substitute for or to simulate a performance benchmark without prior written approval of ICE Data.

ICE Data, their affiliates or their Third Party Suppliers have exclusive proprietary rights in the Index Data and any information and software received in connection therewith.

You shall not use or permit anyone to use the Index Data for any unlawful or unauthorized purpose.

Access to and use of the Index Data is subject to termination in the event that any agreement between Reorg and ICE Data terminates for any reason.

ICE Data may enforce its rights against You as the third party beneficiary of the User Agreement.

The User Agreement, including but limited to the limitation of liability, indemnity and disclaimer provisions, shall extend to Third Party Suppliers.

You acknowledge and agree that any index data or related index information, including without limitation security data, which is not Index Information is not Index Data.

Definitions

“ICE Data” means ICE Data Indices, LLC.

“Index” means any of the indices provided by ICE Data through the Site or Services.

“Index Data” means any underlying constituents that make up an Index and/or end of day Index values, Index returns and Index statistics provided by ICE Data through the Site or Services.

“Index Information” means (i) Index name, and (ii) Index ticker symbol.

“Third Party Supplier” means third parties, including but not limited to stock exchanges, commodity exchanges, news providers, software developers, co-location facilities, data centers and telecommunications providers who provide data, content, information, or other services that are within or form a part of the Index Data, including certain data from ICE Data’s affiliates, including without limitation ICE Data Pricing and Reference Data, LLC, ICE Data Derivatives, Inc. and NYSE Group Inc.