Markit
 
Markit RED Index Codes Disclaimer

This Web Page details the terms of a legal agreement (the "Terms of Use") between you and Markit Group Limited ("Markit"). By accessing this Website, you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this Website, the use of the Internet, and to the activities involved in using this Website. If you do not agree with these Terms of Use, then do not use this Website.

1. CONTENT

  • 1.1 Access to Content. Markit agrees to provide you with access to the following computer code, information, data and material therein (“Content”) subject to these Terms of Use.
  • 1.2 USE OF CONTENT. UNLESS PROVIDED OTHERWISE IN ANY ADDENDUM, YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOU ARE EXPRESSLY PROHIBITED FROM (I) MAKING AVAILABLE ALL OR ANY PORTION OF THE CONTENT TO ANY OTHER PERSON OR ENTITY, EXCEPT AS EXPRESSLY PERMITTED IN THIS TERMS OF USE OR IN AN ADDENDUM; AND (II) CREATING DERIVATIVE WORKS FROM THE CONTENT; AND (III) USING THE CONTENT IN THE PROVISION OF ANY SERVICES TO THIRD PARTIES. IN ADDITION, YOU SHALL NOT (I) DISTRIBUTE, TRANSFER, SUB-LICENSE, RENT, LEND, TRANSMIT, SELL, RE-CIRCULATE, REPACKAGE, ASSIGN, LEASE, RESELL, PUBLISH, COPY, TRANSLATE, CONVERT, DECOMPILE, ALTER, ENHANCE, DISASSEMBLE, MODIFY, OR CHANGE ALL OR ANY PORTION OF THE CONTENT; (II) USE THE CONTENT FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE PROVISIONS OF THIS TERMS OF USE; NOR (III) USE CONTENT AND/OR MARKIT SYSTEMS IN ANY MANNER NOT PERMITTED HEREUNDER.

    YOU MAY USE CONTENT (SUCH AS DATA SHEETS, KNOWLEDGE BASE ARTICLES, AND SIMILAR MATERIALS) PURPOSELY MADE AVAILABLE BY MARKIT FOR DOWNLOADING FROM THE WEBSITE, PROVIDED THAT YOU (I) DO NOT REMOVE ANY PROPRIETARY NOTICE OR DISCLAIMER LANGUAGE IN ANY COPIES OF SUCH DOCUMENTS, (II) USE SUCH INFORMATION ONLY FOR YOUR PERSONAL, NON-COMMERCIAL INFORMATIONAL PURPOSE AND DO NOT COPY OR POST SUCH INFORMATION ON ANY NETWORKED COMPUTER OR BROADCAST IT IN ANY MEDIA, (III) MAKE NO MODIFICATIONS TO ANY SUCH INFORMATION, AND (IV) DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES RELATING TO SUCH DOCUMENTS.
  • 1.3 Modification of Website and Content. The Website and Content are subject to modification by Markit to reflect statistical, technical, administrative, market based or similar changes that Markit determines in good faith are required or desirable. Markit may also make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products or services, at any time, without notice. The materials on this Website with respect to products and services may be out of date, and Markit makes no commitment to update the materials on this Website with respect to such products and services.
  • 1.4 No Advice. The Content is intended only for professionals in the financial markets and is not, and should not be construed as financial, legal or other advice of any kind, nor should it be regarded as an offer or as a solicitation of an offer to buy, sell or otherwise deal in any investment. You may not use the Content in, or generate, any advice, recommendations, guidance, publications or alerts made available to your clients or other third parties. Nothing in the Content constitutes a solicitation by Markit of the purchase or sale of loans, securities or any investment.
  • 1.5 Limited Use. You shall not use the Content to develop, support, create or provide pricing for (i) any database or product that competes directly with the Content or any other Markit product or service offered in the marketplace or would create a functional substitute for any such Markit products or Content; or (ii) any index (e.g., any composite financial index). You acknowledge that the use, dissemination or distribution by you of information identical or similar to that provided through the Content not in accordance with this Terms of Use shall be deemed a breach of these Terms of Use.
  • 1.6 Delivery and Security. You shall solely be responsible for any and all necessary equipment and connections from its own computer systems to the Markit systems that will allow for the delivery of the Content. Markit shall have no responsibility for any such equipment or connections. You shall ensure that it has implemented security systems and procedures to prevent the unauthorized access to or misuse or disruption of the Content.
  • 1.7 RED Entity CLIPS. To the extent any RED Entity CLIPS (means a unique 6-character CUSIP linked Entity Markit code identifier that has been assigned to the long legal name of the reference entity or the index) are made available or embedded within any Content to non-RED subscribers, you hereby acknowledge:
    (i) such Entity CLIPS embedded in the Content shall be restricted for viewing purposes for the sole benefit of you only;
    (ii) you shall not use internally or distribute any Entity CLIPS; and
    (iii) Markit may terminate access to such Entity CLIPS at any time in its sole discretion.
  • 1.8 RED Index Codes.. RED Index Codes. To the extent any Markit RED Index Codes are made available or embedded within any Content to non-RED subscribers, you hereby agree:
    (i) such Markit RED Index Codes embedded in the Content shall be restricted for viewing purposes for the sole benefit of you only;
    (ii) Markit RED Index Codes made available to you shall only be used solely for the confirmation of indices transactions through DTCC Deriv/SERV System;
    (iii) you shall not use internally or distribute any Markit RED Index Codes; and
    (iv) Markit may terminate access to such Markit RED Index Codes at any time in its sole discretion.

2. Website

  • 2.1 USE OF WEBSITE. YOU WILL NOT IN CONNECTION WITH YOUR USE OF THIS CONTENT AND UNDERLYING WEBSITE: (A) VIOLATE ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, STATUTE, ORDINANCE, RULE OR REGULATION, INCLUDING WITHOUT LIMITATION THOSE RELATING TO COMPETITION OR ANTITRUST; (B) FORGE HEADERS OR IN ANY MANNER MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY INFORMATION; (C) TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON THE INFRASTRUCTURE OF THE WEBSITE OR MARKIT’S SYSTEMS OR NETWORKS, OR ANY SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE OR TO MARKIT; OR (D) DOWNLOAD, UPLOAD, POST, TRANSMIT, PUBLISH OR DISTRIBUTE ANY MATERIAL OR INFORMATION THAT CONSTITUTES OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENCE, GIVE RISE TO OTHER LIABILITY, OR OTHERWISE VIOLATE APPLICABLE LAW.

    YOU MAY NOT USE ANY "DEEP-LINK", "PAGE-SCRAPE", "ROBOT", "SPIDER" OR OTHER AUTOMATIC DEVICE, PROGRAM, ALGORITHM OR METHODOLOGY, OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY OR MONITOR ANY PORTION OF THE WEBSITE OR ANY CONTENT, OR IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE WEBSITE OR ANY CONTENT, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE WEBSITE. MARKIT RESERVES THE RIGHT TO BAR ANY SUCH ACTIVITY.

3. Intellectual Property

  • 3.1 Intellectual Property. The ownership and intellectual property rights of all Content, models, software, data and any materials of the Content, including but not limited to the design, structure, selection, coordination, expression “look and feel” and arrangement of such Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of Markit or its Data Providers and you shall not (i) copy or rely upon such material for any purpose including reverse engineering or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon Markit’s intellectual property rights in the Website. You acknowledge that the Website, was developed, compiled, prepared, revised, selected and arranged by Markit and others (including certain information sources (each a “Data Provider”)) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of Markit.
  • 3.2 Trade Marks. You shall not use any of Markit’s trademarks, trade names or service marks in any manner, and in no event in a manner accessible by or available to any third party. You acknowledge that you have no ownership or license rights in or to any of these names or marks.

4. Disclaimer of Warranties and Limitation of Liability

  • 4.1 Disclaimer of Warranties. The Website and Content provided to you by Markit shall be on “as is” basis. Neither Markit, its affiliates nor any Data Provider make any warranty, express or implied, as to the accuracy, timeliness or completeness of the Content or as to the results to be attained by you or others from the use of the Content. You hereby acknowledge that there are no express or implied warranties of title, merchantability or fitness for a particular purpose or use, and that it has not relied upon any warranty, guaranty or representation made by Markit, its affiliates or any Data Provider, except the representations made by Markit specifically set forth in this Terms of Use.
  • 4.2 No Liability. Neither Markit, its affiliates nor any Data Provider shall in any way be liable to you or any client of you for any inaccuracies, errors or omissions, regardless of cause, in the Content provided hereunder or for any damages (whether direct or indirect) resulting therefrom. Without limiting the foregoing, Markit shall have no liability whatsoever to you, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by you as a result of or in connection with any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by you or any client of you, whether or not based on the Content.
  • 4.3 Consequential Damages. Under no circumstances will Markit have any liability arising from contract (including under any indemnity, in tort (including negligence), under any warranty (express or implied) under statute or otherwise, in each case for any indirect, incidental, special or consequential damages with respect to the subject matter of this Terms of Use, including lost of profits, regardless of whether such damages could have been foreseen or prevented.

5. Indemnification

  • 5.1 You will indemnify, defend and hold harmless Markit and its affiliates, directors, officers, agents employees, successors, assigns and all Data Providers, and each of their affiliates, directors, officers, agents, employees, members, partners, successors and assigns ("Markit Indemnitees") from and against any and all losses, liabilities, damages, costs (including reasonable attorneys’ fees) and expenses arising as a result of any claims, suits or proceedings (collectively, “Claims”) brought by any third party against any Markit Indemnitees arising from your use of this Website or any Content.

6. Violation of These Terms of Use

  • 6.1 You agree that Markit may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if Markit determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Markit, for which monetary damages would be inadequate, and you consent to Markit obtaining any injunctive or equitable relief that Markit deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Markit may have at law or in equity.
  • 6.2 You agree that Markit may, in its sole discretion and without prior notice, terminate your access to the Website or Content, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Website or any Content offered on or through the Website, or (iv) unexpected technical issues or problems.
  • 6.3 If Markit does take any legal action against you as a result of your violation of these Terms of Use, Markit will be entitled to recover from you, and you agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to Markit. You agree that Markit will not be liable to you or to any third party for termination of your access to the Website and Content as a result of any violation of these Terms of Use.

7. General

  • 7.1 Variation to Terms of Use. Markit reserves the right to change any or all of their Terms of Use at any time, for any reason or without reason. Your use of this Website following any change in the Terms of Use will constitute your agreement to be bound by the new Terms of Use, as changed.
  • 7.2 Relationship between the Parties. There is no joint venture, partnership, agency or fiduciary relationship existing between the parties and the parties do not intend to create any such relationship by this Terms of Use.
  • 7.3 Invalidity. If any provision in or any part of this Terms of Use shall be found to be illegal or unenforceable under any enactment or rule of law then that provision or part shall to that extent be deemed not to form part of this Terms of Use and the remaining provisions shall continue in full force and effect.
  • 7.4 Governing Law. Your access to and use of this Website are governed by and will be construed in accordance with laws of England and Wales, without regard to the principles of conflicts of laws of other jurisdictions. Each party submits to the exclusive jurisdiction of the courts of England and Wales, United Kingdom, for the purposes of determining any dispute arising out of the Terms of Use, its construction or the transactions contemplated by it.