Conditions of Use
Conditions of Use
Conditions of Use
STOXX Limited is the Benchmark Administrator of the Omnient Indices. As such, wherever STOXX is mentioned on this page and across the Omnient website, it refers to STOXX Limited as the Benchmark Administrator of the Omnient Indices.
Last revised: Oct. 14, 2015
1. Application of these Conditions of Use
These Conditions of Use apply to your use of the Website, or any part thereof. Further provisions outside of these Conditions of Use may apply to you, for example the terms of a License Agreement with us. Such further provisions apply in addition to (cumulatively with) these Conditions of Use.
2. Amendments of these Conditions of Use
We may amend these Conditions of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. We expect you to regularly refer to this section to make sure you are familiar with the applicable Conditions of Use. Any further use of the Website following such amendments means you consent to the amendment.
3. Permitted Access and Use
3.1. In General
The Website and all parts thereof, including any data available on or through the Website ("Data"), may be accessed and used only in full compliance with these Conditions of Use, with any agreement between you and us, if applicable, and with all applicable laws and regulations.
You must not attempt to access any content located in a password protected area of the Website without first registering a user account (for Additional Data) and/or entering into a License Agreement with us (for Restricted Data).
You agree that you will not use Data in any way and for any purpose, other than for internal informational purposes or as expressly permitted in a valid agreement with us.
If you are in breach of any of these Conditions of Use, of applicable law and/or of a License Agreement with us, we may at our sole discretion and without prejudice to any other right or remedy available to us prevent further access to the Website through technical means, with immediate effect and without providing notice, and require you to rectify such breach immediately, in particular by deleting and removing any Data, material, document, products, works etc. that have been created or used in breach of such provision(s).
Currently, the access and use of Data other than Restricted Data is free of charge. However, we may at any time convert any Data, including Additional Data, into Restricted Data, which are available for a fee (see Sec. 3.4), or require a fee for your continued access to or use of any Data.
3.2. Access and Use of Unrestricted Data
You may access and use Unrestricted Data, provided that you are and remain in compliance with these Conditions of Use (as amended from time to time) and with all applicable laws and regulations. "Unrestricted Data" means Data that we make available on the Website to the general public. Additional Data and Restricted Data must not be accessed and used except as permitted expressly in these Conditions (Sec. 3.3 and 3.4).
3.3. Access and Use of Additional Data
If you are not a Registered User, you must not access or attempt to access Additional Data. As a Registered User, you may access and use Additional Data only in full compliance with these Conditions of Use and with all applicable laws and regulations.
"Additional Data" means certain data and tools that we may make available on the Website for Registered Users (as amended by STOXX from time to time). "Registered User" means any individual who accesses or otherwise makes use of the Website or Data and who has a user account with us, but is not a Subscriber.
When we have processed the registration and opened a user account, Registered Users may access and use Additional Data, provided that they are and remain in full compliance with these Conditions of Use and with all applicable laws and regulations.
When you register with us and choose a user name and password, including through linking to your LinkedIn, Xing or similar accounts, you agree that you will provide only accurate and truthful information about yourself. You agree not to share your user name and password with any unauthorized person, and you are fully responsible for all risks arising out of the use of the Website by you and any other person using your user name and password or your user account. You must notify us of any unauthorized use of your user name, your password or your user account and any other breach of security (send your notice to us via the Contact Us section of this website).
3.4. Access and Use of Restricted Data
"Restricted Data" means the data that is made available in a password-protected area on the Website exclusively to persons who are allowed to access and use such data according to the terms of a valid license agreement (the "License Agreement"), including data distributors and gateway providers ("Subscribers"); for example composition lists, component level data, and any other data related to component level data (such as weightings, prices, market capitalisation, free float), historical index values, index adjustments (such as corporate actions, reviews and changes) and other data and information such as index updates and reports related to STOXXindices (as amended by STOXX from time to time).
We will only accept your subscription and access to Restricted Data once your organisation, or a third party, has provided us with your email domain name and any other information we may require according to the relevant agreement with you. If you are not a Subscriber, you must not access or attempt to access Restricted Data.
As a Subscriber, you may access and use Restricted Data only in full compliance with the provisions of the applicable License Agreement, these Conditions of Use and with all applicable laws and regulations. You must not make available any Restricted Data or any works derived from Restricted Data to any third party, except to third parties that are authorised to access and use Restricted Data under a License Agreement. If you are in doubt if a third party is authorised to use Restricted Data, please contact us as indicated in the Contact Us section.
In particular, without limitation to any other restriction according to applicable law or the License Agreement and unless expressly permitted in the License Agreement, you must not (i) use Restricted Data outside of the territory to which the license is limited; (ii) store Restricted Data to create historical databases; (iii) modify Restricted Data; (iv) create derived works such as data, works, indices, charts, reports or any kind of products which are in way derived from Restricted Data; (iv) use Restricted Data or works derived from Restricted Data in connection with the issuance, trading, marketing, or promotion of investment products.
The index data provided by STOXX contains SEDOL Masterfile® data sourced from the London Stock Exchange®. It is the obligation of the Customer to ensure they have the appropriate licence in place with the London Stock Exchange to receive this data.
4. Disclaimer and Exclusion of Warranties
Nothing in these Conditions of Use shall restrict our right to modify or discontinue the Website, modify or discontinue any information or other content contained on the Website, or terminate your user account (where applicable) and your use of the Website, at any time and in our sole discretion.
You acknowledge that we cannot guarantee the continuous operation or accessibility of our Website or any part thereof, and that the operation and accessibility of our Website may be interfered as a result of technical issues or numerous factors outside of our control. We may change, add or remove any part of the Website, including any set of Data, or discontinue the Website or its availability to any user, at any time, without specifically informing of any such change or removal and without removing outdated information or characterizing it as such.
We may, in our sole discretion, implement any technical, administrative, content-related or other changes on the Website (including changes to the Data). For example, we may change the way the Data is organised and formatted on the Website or how it can be accessed and downloaded, and we may add or remove indices, and change components and methodologies of the indices.
Neither STOXX nor its licensors provide investment, tax, legal or any other professional advice through or on the Website, and neither STOXX nor its licensors sponsor, recommend or endorse the purchase or sale of any security or investment product. Inclusion of a company or other component in an index does not in any way reflect an opinion of STOXX or its licensors about the investment merits of such company or other component.
The Website may include data, facts, views, opinions and recommendations of third parties, which we provide to you without any review for their accuracy or completeness. You agree that we are not responsible for such content.
The Website may contain links to other websites operated by third parties unrelated to us. We are not responsible for the content or operation of third party websites. We do not sponsor or endorse third party websites. Your use of a third party website may be subject to additional terms and conditions (including privacy statements).
The Website and the infrastructure on which it runs may contain viruses or other malicious software, which may, among other threats, destroy data, prohibit access, interfere with normal operation, assist in the theft of data, and negatively affect your use of any Data.
We and our licensors do not make or provide any representation, warranty or guarantee, express or implied, with respect to the access to and the use of the Website and any part thereof. We exclude our liability and that of our licensors, agents and independent contractors, whether in negligence or otherwise, to the largest extent permitted by law, in relation to the availability, accessibility, correctness, completeness, currentness, reliability, fitness for any purpose, and non-infringement of the Website or any part or function thereof.
5. Limitation of Liability and Indemnity
Neither STOXX nor any of its affiliates, agents, contractors or licensors shall be liable for any loss, injury or damage (including without limitation any direct, indirect, punitive or consequential loss or damage, any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption); whether foreseeable, known or otherwise and even if advised of the possibility of such damages; and whether in tort (including without limitation negligence), contract or otherwise; including without limitation for contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering Data and for conclusions, decisions or actions derived, made or taken based on the use of the Website or any part thereof, including Data.
Nothing herein excludes or limits the liability of STOXX (i) for fraud or gross negligence, (ii) for death or personal injury caused by STOXX, (iii) or which may not be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless STOXX and its affiliates, agents, contractors and licensors and the respective directors, officers, employees, agents and independent contractors from and against all damages, claims and expenses, including reasonable attorneys' fees, arising out of or in connection with your misuse of the Website, i.e. any use of the Website which violates these Conditions of Use or any applicable law or regulation.
6. Intellectual Property Rights, Confidential Information and Trade Secrets
You acknowledge and accept that the Website and any part thereof, including the Data, may be protected by copyright or other intellectual property or unfair competition or misappropriation laws and are and shall remain the property of STOXX and/or its licensors. Such content may only be used in accordance with these Conditions of Use, any other agreement between you and STOXX, as applicable, and with all applicable laws and regulations. Any unauthorised use is strictly prohibited.
All trade names, trademarks, service marks and other product and service names and logos, whether registered or unregistered (collectively, the "Marks"), on the Website are proprietary to their respective owners and are protected by applicable laws. Nothing contained in the Website may be construed as granting any license or right to use any of the Marks without the express written permission of STOXX or the owner of such Marks. Any unauthorised use of any Mark is strictly prohibited.
The indices and the respective index values, constituents, methodologies and all other subsets or elements of these indices are proprietary to their respective owners and are protected by copyright, patents, trademark law, data base rights and/or other intellectual property rights as well as or unfair competition or misappropriation laws, as the case may be. Nothing contained in the Website may be construed as granting any license or right to use any index, in its entirety, or any element or subset of such index, without entering into a license agreement with STOXX.
We strive to provide broad access to information about our products and services. In doing so, it is not our intention to waive any intellectual property or other rights we may have in any information on this Website under applicable laws. We have policies and procedures in place that are designed to prevent the disclosure of information that we consider to be confidential or proprietary trade secret information on this Website. However, if at any time you obtain confidential or proprietary trade secret information from this Website that may be disclosed inadvertently, you agree to act in good faith to recognize and respect the confidentiality of such information, and you agree not to make use of or disclose any confidential or trade secret information you may obtain from this Website to anyone else and to destroy any copies of the information, in any form, in your possession.
7. Personal Data
8. Severability, No Waiver
If any provision in these Conditions of Use is held invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. If you believe you have other or additional rights than those stated in these Conditions of Use under applicable mandatory law, you should inform us without undue delay for us to provide an alternative remedy to the situation.
Our failure to enforce strict compliance with any of these Conditions of Use shall not be construed as a waiver.
9. Applicable Law and Jurisdiction
These Conditions of Use are governed by the substantive laws of Switzerland.
Any dispute arising out of or in connection with these Conditions of Use and your use of the Website shall be submitted to the exclusive jurisdiction of the courts of Zurich, Canton of Zurich, Switzerland, provided however that (i) jurisdiction clauses in applicable License Agreements shall prevail, and that (ii) nothing herein shall prevent us from bringing any action against you at your seat or domicile.
Notwithstanding anything in these Conditions of Use, we shall have the right to request injunctive relief (incl. preliminary measures) regarding our use of any Data at the court(s) where you use Data or where our rights shall be enforced.
If you have any comments or questions about these conditions or our website, please contact us by phone at+41 58 399 53 00 or email at email@example.com.