Third Party Disclaimers
1. Refinitiv
Copyright © 2021, Refinitiv. All rights reserved. The Refinitiv entity listed above and its Affiliates are referred to below as ‘Refinitiv’.
The ‘Information Product’ is any data or service provided by Refinitiv. Refinitiv or its third party providers own and retain all rights, title and interest, including but not limited to copyright, trademarks, patents, database rights, trade secrets, know-how, and all other intellectual property rights or forms of protection of similar nature or having equivalent effect, anywhere in the world, in the Information Product and user is not granted any proprietary interest therein or thereto. The Information Product constitutes confidential and trade secrets of Refinitiv or its third party providers. Display, performance, reproduction, distribution of, or creation of derivative works or improvements from Information Product in any form or manner is expressly prohibited, except to the extent expressly permitted hereunder, or otherwise, with the prior written permission of Refinitiv.
You may use the Information Product for internal purposes only. You may copy, paste and distribute internally only an insubstantial amount of the data contained in the Information Product provided that: (a) the distribution is incidental to or supports your business purpose; (b) the data is not distributed by you in connection with information vending or commercial publishing (in any manner or format whatsoever), not reproduced through the press or mass media or on the Internet; and (c) where practicable, clearly identifies Refinitiv or its third party providers as the source of the data. Data will be considered in ‘insubstantial amount’ if such amount (a) has no independent commercial value; or (b) could not be used by the recipient as a substitute for any product or service (including any download service) provided by Refinitiv or a substantial part of it.
To the extent that the Information Product contains any third party data referred to in the General Restrictions/Notices page set forth on https://www.refinitiv.com/en/p..., the terms set forth on such General Restrictions/Notices page shall apply to user.
You acknowledge that access to certain elements of the Information Product may cease or may be made subject to certain conditions by Refinitiv or upon the instructions of the third party provider of those elements. Upon termination or expiration of this user license, all rights granted hereunder shall immediately terminate and user shall cease to use the Information Product and delete or destroy all copies thereof in its possession or control.
NEITHER REFINITIV NOR ITS THIRD PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE INFORMATION PRODUCT WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE INFORMATION PRODUCT AND RELIANCE THEREON IS AT YOUR SOLE RISK. NEITHER REFINITIV OR ITS THIRD PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO YOU OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE INFORMATION PRODUCT, OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE INFORMATION PRODUCT. THE INFORMATION PRODUCT IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED HEREUNDER.
IN NO EVENT WILL REFINITIV OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH INFORMATION PRODUCT EVEN IF REFINITIV OR ITS THIRD PARTY PROVIDERS OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, REFINITIV OR ITS PARTY PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER FOR REDISTRIBUTOR'S PRODUCTS OR SERVICES.
2. ASX
- (a) Subject to paragraph (b), the ASX, nor any member of the ASX Group, its suppliers, and their respective licensors, will be liable to you, whether in contract, tort, or otherwise for any losses arising from or in connection with:
- (i) our supply of the Information in a manner not permitted under our arrangements with the ASX;
- (ii) your breach of these Terms of Use;
- (iii) any decisions you have made based on the Information;
- (iv) the Information being inaccurate or incomplete; and/or
- (v) delays or disruptions in transmission of the Information,
- (b) The ASX’s limitation of liability under clause (a) does not apply to:
- (i) personal injury or death that the ASX have caused or contributed to;
- (ii) loss or damage to tangible property that the ASX have cased or contributed to;
- (iii) the ASX’s wilful misconduct or fraud;
- (iv) the ASX’s breach of the Consumer Guarantees, in which case its liability will be limited to:
- (A) the replacement of the goods or the supply of equivalent goods;
- (B) the repair of the goods;
- (C) the supply of the services again; or
- (D) the payment of the costs of having the services supplied again.
- (c) The members of the ASX Group, as well as its suppliers and their respective licensors reserve all intellectual property rights in the Information to the extent that those intellectual property rights exist under the law from time to time.
except to the extent that loss arising from the ASX’s misconduct, fraud or negligent action.