Markit Hub Terms Of Use

The following terms and conditions (the "Terms of Use") and the terms and conditions set forth in the Markit Hub Technology End User License Agreement (the "EULA") collectively govern your use of www.markithub.com and any subdomains thereof (the "Markit Hub Site") the Markit Hub Financial Research iPad app (the �iPad App�), and the Markit services and applications provided by Markit through its Markit Hub service (such as, without limitation, Markit's single sign-on service, interactive banner(s), and search tools) (collectively, the "Markit Hub Service"). The Markit Hub Site, iPad App and the Markit Hub Service are made available by Markit North America, Inc. and/or its affiliates, successors and assigns ("Markit" or "we" or "us").

We may change these Terms of Use from time to time, by posting such changes on the Markit Hub Site, and such changes will be effective upon any further use of the Markit Hub Site, iPad App or Markit Hub Service. BY USING THE MARKIT HUB SITE, IPAD APP AND/OR THE MARKIT HUB SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE EULA AS APPLIED TO YOUR USE OF THE MARKIT HUB SITE, IPAD APP AND MARKIT HUB SERVICE. If you do not agree to these Terms of Use, please do not access or otherwise use the MARKIT Site, IPAD APP OR Markit HUB SERVICE.

1. Proprietary Rights. As between you and Markit, and except for your Submitted Materials (as defined in Section 5 below), Markit owns or has rights to, all right, title and interest in and to the Markit Hub Site, iPad App, the Markit Hub Service and all the content, software, code, data and other materials thereon (collectively, the "Site Content"), the look and feel, design and organization of the Markit Hub Site, iPad App and the Markit Hub Service, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Markit Hub Site, iPad App and/or the Markit Hub Service does not grant to you ownership or title of, in or to any Site Content or any other part of the Markit Hub Site, iPad App or Markit Hub Service.

2. Limited License. Subject to the terms and conditions set forth in these Terms of Use, Markit grants you a non-exclusive, non-transferable, limited license to access, view use and display the Markit Hub Site, iPad App and Markit Hub Service on your computer or other Internet-capable device in connection with your employment, provided that you comply fully with these Terms of Use and the EULA. Any other use, including distribution, publishing, creating derivative works, copying or other exploitation of the Markit Hub Site, iPad App, the Markit Hub Service, or any Site Content or data or information accessible via the Markit Hub Site, iPad App and/or the Markit Hub Service, is not allowed. You may not block, disable, remove or obscure any copyright or other notices or legends contained in or associated with the Markit Hub Site, iPad App or Markit Hub Service. The Markit Hub Site, iPad App and/or the Markit Hub Service may enable you may access websites of third party content providers that you are authorized to access as a result of your agreements (or those of your employer) with such providers ("Third Party Content Providers"). Your access of any Third Party Content Provider websites shall be subject to the terms or use/service of such Third Party Service Providers and all terms and conditions of all agreements between you (or your employer) and the Third Party Content Providers whose websites you access through the Markit Hub Site, iPad App or the Markit Hub Service. MARKIT IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR DATA PROVIDED BY THIRD PARTY CONTENT PROVIDERS, AND MARKIT IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, TECHNICAL PROBLEMS, DOWNTIME OR ANY OTHER ACTIVITIES OR MALFUNCTIONS ON ANY THIRD PARTY CONTENT PROVIDER'S WEBSITE, IRRESPECTIVE OF WHETHER SUCH THIRD PARTY CONTENT PROVIDER'S WEBSITE IS ACCESSED VIA THE MARKIT HUB SITE, IPAD APP OR A MARKIT HUB SERVICE OR RESULTING FROM YOUR ACCESS AND USE THEREOF.

3. Trademarks. The trademarks, logos, service marks and trade names that may be displayed on the Markit Hub Site, iPad App and Markit Hub Service are registered and unregistered trademarks of Markit and other persons (collectively, the "Trademarks"), and may not be used unless authorized by the respective Trademark owner. Nothing contained on the Markit Hub Site, iPad App or Markit Hub Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Markit Hub Site, iPad App or Markit Hub Service without the respective Trademark owner's written permission.

4. User Accounts. Markit's information collection and use policies with respect to user information collected in connection with your use of the Markit Hub Site, iPad App and Markit Hub Service are set forth in the Markit Hub Site's Privacy Policy which is incorporated herein by reference for all purposes. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for all activities that occur under your account or password. You should not sell, transfer nor assign your account or allow others to use it, and you are responsible for maintaining the confidentiality of your user name and password. Markit reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Markit Hub Site, iPad App and/or Markit Hub Service for any reason, including without limitation for extended periods of inactivity.

5. Submitted Materials. Unless specifically requested, Markit does not solicit, nor does Markit wish to receive, any confidential, secret or proprietary information or other material from you through the Markit Hub Site, iPad App or Markit Hub Service, by e-mail or in any other way. Any information, proposals, requests, creative works, trading strategies, pictures, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent on or through the Markit Hub Site, iPad App or Markit Hub Service in any manner (collectively, "Submitted Materials") will be deemed not to be confidential or secret, and may be used by Markit in any manner consistent with these Terms of Use and the Markit Hub Site's Privacy Policy.

By submitting Submitted Materials on the Markit Hub Site, iPad App or Markit Hub Service, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Markit Hub Site, iPad App or Markit Hub Service for Markit's use in accordance with these Terms of Use and the purposes described on the Markit Hub Site, iPad App or Markit Hub Service, and that any "moral rights" in the Submitted Materials have been waived; and (ii) you grant to Markit (and its affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works (including, without limitation, the Markit Hub Site, iPad App or Markit Hub Service), products or services in any form, media, or technology now known or later developed. Markit cannot be responsible for maintaining any Submitted Material that you provide to Markit or on or through any Markit Site, iPad App or Markit Hub Service, and Markit may delete or destroy any such Submitted Material at any time.

6. Rules of Conduct. While accessing or using the Markit Hub Site, iPad App and/or the Markit Hub Service, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular areas or features of the Markit Hub Site, iPad App or Markit Hub Service, you agree that you shall not:

impersonate any person or entity or misrepresent your affiliation with any other person or entity;
insert your own or a third party's advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site or iPad App Content or Markit Hub Service or into any of your Submitted Materials;
alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any Trademarks or any other proprietary content or proprietary rights notices included therein or thereon;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Markit Hub Site, iPad App or Markit Hub Service through any means, including through means not intentionally made publicly available or provided for through the Markit Hub Site, iPad App or Markit Hub Service;
engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Markit Hub Site, iPad App or Markit Hub Service, or obtaining lists of users or other information from or through the Markit Hub Site, iPad App or Markit Hub Service, including, without limitation, any information residing on any server or database connected to the Markit Hub Site, iPad App or Markit Hub Service;
use the Markit Hub Site, iPad App or Markit Hub Service in any manner that could interrupt, damage, disable, overburden or impair the Markit Hub Site, iPad App or Markit Hub Service or interfere with any other party's use and enjoyment of the Markit Hub Site, iPad App or Markit Hub Service, such as sending mass unsolicited messages or "flooding" servers with requests;
circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support any one else's attempt to do any of the foregoing) the Markit Hub Site, iPad App or Markit Hub Service.
create any unauthorized links from the Markit Hub Site or iPad App directed to websites or content owned or maintained by third parties;
frame any third-party sites or content, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by Markit of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
upload, post, transmit, distribute or otherwise publish to, on or through the Markit Hub Site, iPad App or Markit Hub Service, any information or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
use the Markit Hub Site, iPad App or Markit Hub Service or the Site Content to violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
use the Markit Hub Site, iPad App or Markit Hub Service or the Site Content, in whole or in part, in violation of any applicable law including in any manner that would violate any regulation of the United States Securities and Exchange Commission, the NASD or any other regulatory agency or rulemaking body in any relevant jurisdiction, or any regulation of any stock exchange, including but not limited to the New York Stock Exchange or the American Stock Exchange.
use the Markit Hub Site, iPad App or Markit Hub Service or the Site Content in the course of any litigation proceedings, to transmit any material, nonpublic information about a company, individual, or security, to knowingly transmit false or misleading statements, or to transmit, anything which unlawfully manipulates, or could unlawfully manipulate, the market for any security.

8. Interactive Services. The Markit Hub Site, iPad App and Markit Hub Service may include certain features that allow users to interact and communicate with each other and/or with the general public (such as messaging services, chat services, bulletin boards, message boards, blogs and other similar interactive services, areas and services) (collectively, the "Interactive Services"). All of the terms and conditions set forth in these Terms of Use are applicable to your use of the Interactive Services. It is important to remember that content submitted to an Interactive Service may be recorded and stored in multiple places, including on the Markit Hub Site, iPad App, the Markit Hub Service and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information that you choose to disclose in such Interactive Services and on the Markit Hub Site, iPad App and/or through the Markit Hub Service in general about yourself and others, and in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information in your submissions to the Interactive Services.

9. Right to Monitor and Editorial Control. Markit reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the Markit Hub Site, iPad App and/or Markit Hub Service (including, without limitation, the Interactive Services). Markit is not responsible for any such materials. However, Markit shall have the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Markit's sole discretion, are objectionable or in violation of these Terms of Use, Markit's policies or applicable law.

10. Indemnification. You agree to defend, indemnify and hold Markit and its affiliates and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of the Markit Hub Site, iPad App and/or Markit Hub Service, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of the law or these Terms of Use. Markit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

11. Linking to the Markit Hub Site. You agree that, without the prior express permission of Markit: (a) if you include a link from any other website to the Markit Hub Site, such link shall open in a new browser window and shall link to the home page of the Markit Hub Site; (b) you are not permitted to link directly to any image hosted on the Markit Hub Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website; and (c) you may not link from any other website to the Markit Hub Site in any manner such that the Markit Hub Site, or any page of the Markit Hub Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any Markit Hub Site signifies that you have read the restrictions described herein and agree to abide by their terms. Markit may, in its sole discretion, insist that any link to the Markit Hub Site be discontinued, and Markit may revoke your right to link to the Markit Hub Site from any other website at any time upon written notice to you.

12. Third Party Web Sites. You may be able to link from the Markit Hub Site or iPad App to third party web sites, including, but not limited to the sites owned or controlled by the Third Party Content Providers, and third party web sites may link to the Markit Hub Site ("Linked Sites"). You acknowledge and agree that Markit has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by Markit. If you choose to rely on any Linked Site or information contained thereon, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice.

13. DISCLAIMER OF WARRANTIES. THE MARKIT HUB SITE, IPAD APP AND MARKIT HUB SERVICE, INCLUDING, WITHOUT LIMITATION, ALL INTERACTIVE SERVICES, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MARKIT HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. MARKIT DOES NOT WARRANT THAT THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, THE INTERACTIVE SERVICES OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. MARKIT MAKES NO WARRANTY THAT THE MARKIT HUB SITE, IPAD APP AND MARKIT HUB SERVICE, IN WHOLE OR IN PART, WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARKIT , OR FROM OR THROUGH THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MARKIT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE MARKIT HUB SITE, IPAD APP OR THE MARKIT HUB SERVICE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE. IF YOU ARE DISSATISFIED WITH THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, YOU SHOULD DISCONTINUE USING THE MARKIT HUB SITE, IPAD APP AND/OR MARKIT HUB SERVICE. MARKIT DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND MARKIT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE MARKIT HUB SITE, IPAD APP AND MARKIT HUB SERVICE CREATED OR PROVIDED BY USERS, PROVIDERS OR OTHER THIRD PARTIES. USE OF THE MARKIT HUB SITE, IPAD APP, THE MARKIT HUB SERVICE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, MARKIT AND ITS AFFILIATES, SUPPLIERS, THIRD PARTY CONTENT PROVIDERS OR OTHER PROVIDERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES PROVIDED VIA THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE MARKIT HUB SITE, IPAD APP, THE MARKIT HUB SERVICE OR IN CORRESPONDENCE WITH MARKIT OR ITS AGENTS.

14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MARKIT, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, INCLUDING THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE MARKIT HUB SITE, IPAD APP, MARKIT HUB SERVICE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE MARKIT HUB SITE, IPAD APP OR MARKIT HUB SERVICE.

15. Termination. Markit may terminate, change, suspend or discontinue any aspect of the Markit Hub Site, iPad App and/or Markit Hub Service at any time. Markit may impose limits on certain features, restrict, suspend or terminate your access to the Markit Hub Site, iPad App and/or Markit Hub Service or any part thereof if we believe you are in breach of the these Terms of Use, the EULA or applicable law, or for any other reason without notice or liability.

16. Copyright. We respect the intellectual property rights of others, and require that the people who use the Markit Hub Site, iPad App and Markit Hub Service do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Markit's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. � 512(c)(2) (the "DMCA"), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:

Markit North America, Inc.
620 8th Avenue, 35th Floor
New York, NY 10018
Attention: Legal Department

17. Miscellaneous. These Terms of Use and the relationship between you and Markit shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You hereby irrevocably to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Markit's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Effective Date: 13 December 2014