NOTICE TO END USER: PLEASE READ CAREFULLY.
End User Certifies on behalf of Company that:
a) The end of day pricing information (“Information”) is used exclusively by traders identified on the PVM Broker End of Day Pricing Request Form (“Form”) that deal with PVM Data Service’s broking affiliates (“Identified Traders”) within the PVM Group of companies (collectively “PVM”) and shall not be shared with or distributed to any End User’s middle or back office area for any purpose, including for use in connection with any risk, valuation, or any other pricing applications;
b) The Information is used only for the purpose of supporting the activities of the Identified Trader with PVM and the data is not used for other purposes including without limitation supporting trading with competitors of PVM;
c) Neither End User Identified Trader, nor any of its employees or agents will sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the information or any data created from the information through manipulation, modification, supplementation, enhancement or combining with other information (“Derivative Works”) to any person other than the Identified Trader;
d) The Information or any Derivative Works may not be used in any software applications of other systems accessible by any party other than the Identified Trader and only where such systems or software are front office systems supporting the trader’s activities with PVM; and
e) Neither End User Identified Trader, nor any of its employees or agents will use the information or any Derivative Works in any products or services that the End User or any employees or agents of the End User provides to any third party, including, but not limited to, portfolio valuation, securities valuation and risk evaluation services.
PLEASE NOTE: This communication is provided by TP ICAP Group plc and/or one of its group companies (“TP ICAP”) and by providing this communication, TP ICAP provides a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited licence to use the information contained in or attached to this communication (including, but not limited to indicative prices/levels or other data) (the “Information”) for informational purposes only. Access to the Information by anyone other than the intended recipient is unauthorised without TP ICAP’s prior written approval. The Information may not be used or disclosed for any purpose, without TP ICAP’s prior written approval, including without limitation, storing, copying, distributing, licensing, selling or displaying the Information, using the Information in an application or to create derived data, indices or benchmarks or co-mingling the Information with any other data (“Unlicensed Use”). The Information is confidential. All intellectual property rights in and to the Information are, and shall remain, the property of TP ICAP.
The Information is not, and should not be construed as, a live price, an offer, bid, recommendation or solicitation in relation to any financial instrument or investment or to participate in any particular trading strategy. The Information is not to be relied upon for any purpose and is not warranted, either expressly or by implication, as to completeness, timeliness, accuracy, continuity, merchantability or fitness for any particular purpose. All representations and warranties are expressly disclaimed, to the fullest extent possible under applicable law. In no circumstances will TP ICAP be liable for any indirect or direct loss, or consequential loss or damages including without limitation, loss of business or profits arising from the use of, any inability to use, or any inaccuracy in the Information. TP ICAP may suspend, withdraw or modify or change the terms of the provision of the Information at any time in its sole discretion, without notice.
Without prejudice to the generality of any of the foregoing, in no circumstances may the Information be used for any purpose that would cause it to become a benchmark for the purposes of: (a) the Regulation (EU) 2016/1011, (b) the UK version of Regulation (EU) 2016/1011 as onshored via the European Union (Withdrawal) Act 2018 (the “UK Benchmarks Regulation”) (c) other applicable benchmark regulation and/or (d) the IOSCO Principles for Financial Benchmarks in each case together with the relevant technical standards, whether by the Information being referenced in a financial instrument, financial contract or investment fund or otherwise (“Prohibited Use”).
By accessing the Information you will be deemed to warrant and undertake that you will not use the Information for any Prohibited Use or Unlicensed Use. The terms of this disclaimer are governed by the laws of England and Wales.