Stoxx Ltd. and their licensors, research partners or data providers have no relationship to the Company, other than the licensing of the Index and the related trademarks for use in connection with the Fund.
Stoxx Ltd. and their licensors, research partners or data providers do not:
- sponsor, endorse, sell or promote the Fund;
- recommend that any person invest in the Fund or any other securities;
- have any responsibility or liability for or make any decisions about the timing, amount or pricing of the Fund;
- have any responsibility or liability for the administration, management or marketing of the Fund;
- consider the needs of the Fund or the owners of the Fund in determining, composing or calculating the Index or have any obligation to do so.
Stoxx Ltd and their licensors, research partners or data providers give no warranty, and exclude any liability (whether in negligence or otherwise), in connection with the Fund or its performance.
Stoxx Ltd does not assume any contractual relationship with the investors in the Fund or any other third parties.
Specifically,
- Stoxx Ltd and their licensors, research partners or data providers do not give any warranty, express or implied, and exclude, in particular, any liability about: the results to be obtained by the Fund, the owner of the Fund or any other person in connection with the use of the Index and the data included in the Index; the accuracy, timeliness, and completeness of the Index and its data; the merchantability and the fitness for a particular purpose or use of the Index and its data; the performance of the Fund generally.
- Stoxx Ltd and their licensors, research partners or data providers give no warranty and exclude any liability, for any errors, omissions or interruptions in the Index or its data;
- Under no circumstances will Stoxx Ltd or their licensors, research partners or data providers be liable (whether in negligence or otherwise) for any lost profits or indirect, punitive, special or consequential damages or losses, arising as a result of such errors, omissions or interruptions in the Index or its data or generally in relation to the Fund, even in circumstances where Stoxx Ltd or their licensors, research partners or data providers are aware that such loss or damage may occur.
The licensing Agreement between the Company and Stoxx Ltd. is solely for their benefit and not for the benefit of the owners of the Fund or any other third parties.