Common use of Information Materials Clause in Contracts

Information Materials. 9.1 The Licensee's Regulatory Materials and Promotional Materials (collectively the “Information Materials”) shall under no circumstance give the impression, either expressly or by implication, that the Financial Product(s) issued in connection with a License granted under this Agreement to the Licensee is/are created, purchased, sold, traded, distributed, marketed and/or promoted by Solactive. 9.2 The Licensee shall include the following long-form disclaimer (the “Long-Form Disclaimer”) in its Regulatory Materials, in a position and with a font that makes the Long-Form Disclaimer easily visible and readable: "Solactive AG (“Solactive”) is the licensor of [name of index] (the “Index”). The financial instruments that are based on the Index are not sponsored, endorsed, promoted or sold by Solactive in any way and Solactive makes no express or implied representation, guarantee or assurance with regard to: (a) the advisability in investing in the financial instruments; (b) the quality, accuracy and/or completeness of the Index; and/or (c) the results obtained or to be obtained by any person or entity from the use of the Index. Solactive does not guarantee the accuracy and/or the completeness of the Index and shall not have any liability for any errors or omissions with respect thereto. Notwithstanding Solactive’s obligations to its licensees, Solactive reserves the right to change the methods of calculation or publication with respect to the Index and Solactive shall not be liable for any miscalculation of or any incorrect, delayed or interrupted publication with respect to the Index. Solactive shall not be liable for any damages, including, without limitation, any loss of profits or business, or any special, incidental, punitive, indirect or consequential damages suffered or incurred as a result of the use (or inability to use) of the Index.” 9.3 The Licensee shall include the following short-form disclaimer (the “Short-Form Disclaimer” and together with the Long-Form Disclaimer, the “Disclaimer”) in its Promotional Materials, in a position and with a font that makes the Short-Form Disclaimer easily visible and readable: "Solactive AG ("Solactive") is the licensor of [name of index] (the "Index"). The financial instruments that are based on the Index are not sponsored, endorsed, promoted or sold by Solactive in any way and Solactive makes no express or implied representation, guarantee or assurance with regard to: (a) the advisability in investing in the financial instruments; (b) the quality, accuracy and/or completeness of the Index; and/or (c) the results obtained or to be obtained by any person or entity from the use of the Index. Solactive reserves the right to change the methods of calculation or publication with respect to the Index. Solactive shall not be liable for any damages suffered or incurred as a result of the use (or inability to use) of the Index." 9.4 Solactive shall have the right, acting reasonably and in good faith, to request and approve any or all Information Material(s) which make use of the Index, Index Data and/or the Solactive Trademarks. 9.5 Solactive may at any time unilaterally amend the Disclaimer and the Licensee shall, as soon as reasonably practicable following receipt of the updated Disclaimer from Solactive, use such amended Disclaimer in its Information Material(s) produced, provided and/or published thereafter. 9.6 It is the Licensee's own and sole responsibility to comply with any legal requirements concerning the accuracy and completeness of the Information Material(s) for the Financial Product(s) issued by the Licensee.

Information Materials. 9.1 The Licensee's ’s Regulatory Materials and Promotional Materials (collectively the “Information Materials”) shall under no circumstance give the impression, either expressly or by implication, that the Financial Product(s) issued in connection with a License granted under this Agreement to the Licensee is/are created, purchased, sold, traded, distributed, marketed and/or promoted by Solactive. 9.2 The Licensee shall include the following long-form disclaimer (the “Long-Form Disclaimer”) in its Regulatory Materials, in a position and with a font that makes the Long-Form Disclaimer easily visible and readable: "Solactive AG (“Solactive”) is the licensor of [name of index] (the “Index”). The financial instruments that are based on the Index are not sponsored, endorsed, promoted or sold by Solactive in any way and Solactive makes no express or implied representation, guarantee or assurance with regard to: : (a) the advisability in investing in the financial instruments; (b) the quality, accuracy and/or completeness of the Index; and/or (c) the results obtained or to be obtained by any person or entity from the use of the Index. Solactive does not guarantee the accuracy and/or the completeness of the Index and shall not have any liability for any errors or omissions with respect thereto. Notwithstanding Solactive’s obligations to its licensees, Solactive reserves the right to change the methods of calculation or publication with respect to the Index and Solactive shall not be liable for any miscalculation of or any incorrect, delayed or interrupted publication with respect to the Index. Solactive shall not be liable for any damages, including, without limitation, any loss of profits or business, or any special, incidental, punitive, indirect or consequential damages suffered or incurred as a result of the use (or inability to use) of the Index.” 9.3 The Licensee shall include the following short-form disclaimer (the “Short-Form Disclaimer” and together with the Long-Form Disclaimer, the “Disclaimer”) in its Promotional Materials, in a position and with a font that makes the Short-Form Disclaimer easily visible and readable: "Solactive AG ("Solactive") is the licensor of [name of index] (the "Index"). The financial instruments that are based on the Index are not sponsored, endorsed, promoted or sold by Solactive in any way and Solactive makes no express or implied representation, guarantee or assurance with regard to: : (a) the advisability in investing in the financial instruments; (b) the quality, accuracy and/or completeness of the Index; and/or (c) the results obtained or to be obtained by any person or entity from the use of the Index. Solactive reserves the right to change the methods of calculation or publication with respect to the Index. Solactive shall not be liable for any damages suffered or incurred as a result of the use (or inability to use) of the Index."” 9.4 Solactive shall have the right, acting reasonably and in good faith, to request and approve any or all Information Material(s) which make use of the Index, Index Data and/or the Solactive TrademarksTrademarks provided that in all such instances such approval shall not be unreasonably withheld, conditioned or delayed. 9.5 With reasonable prior notice, Solactive may at any time unilaterally amend make reasonable amendments to the Disclaimer and the Licensee shall, as soon as reasonably practicable following such notice and receipt of the updated Disclaimer from Solactive, use such amended Disclaimer in its Information Material(s) produced, provided and/or published thereafter. 9.6 It is the Licensee's ’s own and sole responsibility to comply with any legal requirements concerning the accuracy and completeness of the Information Material(s) for the Financial Product(s) issued by the Licensee.

Information Materials. 9.1 The Licensee's ’s Regulatory Materials and Promotional Materials (collectively the “Information Materials”) shall under no circumstance give the impression, either expressly or by implication, that the Financial Product(s) issued in connection with a License granted under this Agreement to the Licensee is/are created, purchased, sold, traded, distributed, marketed and/or promoted by Solactive. 9.2 The Licensee shall include the following long-form disclaimer (the “Long-Form Disclaimer”) in its Regulatory Materials, in a position and with a font that makes the Long-Form Disclaimer easily visible and readable: "Solactive AG (“Solactive”) is the licensor of [name of index] (the “Index”). The financial instruments that are based on the Index are not sponsored, endorsed, promoted or sold by Solactive in any way and Solactive makes no express or implied representation, guarantee or assurance with regard to: : (a) the advisability in investing in the financial instruments; (b) the quality, accuracy and/or completeness of the Index; and/or (c) the results obtained or to be obtained by any person or entity from the use of the Index. Solactive does not guarantee the accuracy and/or the completeness of the Index and shall not have any liability for any errors or omissions with respect thereto. Notwithstanding Solactive’s obligations to its licensees, Solactive reserves the right to change the methods of calculation or publication with respect to the Index and Solactive shall not be liable for any miscalculation of or any incorrect, delayed or interrupted publication with respect to the Index. Solactive shall not be liable for any damages, including, without limitation, any loss of profits or business, or any special, incidental, punitive, indirect or consequential damages suffered or incurred as a result of the use (or inability to use) of the Index.” 9.3 The Licensee shall include the following short-form disclaimer (the “Short-Form Disclaimer” and together with the Long-Form Disclaimer, the “Disclaimer”) in its Promotional Materials, in a position and with a font that makes the Short-Form Disclaimer easily visible and readable: "Solactive AG ("Solactive") is the licensor of [name of index] (the "Index"). The financial instruments that are based on the Index are not sponsored, endorsed, promoted or sold by Solactive in any way and Solactive makes no express or implied representation, guarantee or assurance with regard to: : (a) the advisability in investing in the financial instruments; (b) the quality, accuracy and/or completeness of the Index; and/or (c) the results obtained or to be obtained by any person or entity from the use of the Index. Solactive reserves the right to change the methods of calculation or publication with respect to the Index. Solactive shall not be liable for any damages suffered or incurred as a result of the use (or inability to use) of the Index."” 9.4 Solactive shall have the right, acting reasonably and in good faith, to request and approve any or all Information Material(s) which make use of the Index, Index Data and/or the Solactive Trademarks. 9.5 Solactive may at any time unilaterally amend the Disclaimer and the Licensee shall, as soon as reasonably practicable following receipt of the updated Disclaimer from Solactive, use such amended Disclaimer in its Information Material(s) produced, provided and/or published thereafter. 9.6 It is the Licensee's ’s own and sole responsibility to comply with any legal requirements concerning the accuracy and completeness of the Information Material(s) for the Financial Product(s) issued by the Licensee.

Information Materials. 9.1 The Licensee's ’s Regulatory Materials and Promotional Materials (collectively the “Information Materials”) shall under no circumstance give the impression, either expressly or by implication, that the Financial Product(s) issued in connection with a License granted under this Agreement to the Licensee is/are created, purchased, sold, traded, distributed, marketed and/or promoted by Solactive. 9.2 The Licensee shall include the following long-form disclaimer (the “Long-Form Disclaimer”) in its Regulatory Materials, in a position and with a font that makes the Long-Form Disclaimer easily visible and readable: "“Solactive AG (“Solactive”) is the licensor of [name of index] (the “Index”). The financial instruments that are based on the Index are not sponsored, endorsed, promoted or sold by Solactive in any way and Solactive makes no express or implied representation, guarantee or assurance with regard to: (a) the advisability in investing in the financial instruments; (b) the quality, accuracy and/or completeness of the Index; and/or (c) the results obtained or to be obtained by any person or entity from the use of the Index. Solactive does not guarantee the accuracy and/or the completeness of the Index and shall not have any liability for any errors or omissions with respect thereto. Notwithstanding Solactive’s obligations to its licensees, Solactive reserves the right to change the methods of calculation or publication with respect to the Index and Solactive shall not be liable for any miscalculation of or any incorrect, delayed or interrupted publication with respect to the Index. Solactive shall not be liable for any damages, including, without limitation, any loss of profits or business, or any special, incidental, punitive, indirect or consequential damages suffered or incurred as a result of the use (or inability to use) of the Index.” 9.3 The Licensee shall include the following short-form disclaimer (the “Short-Form Disclaimer” and together with the Long-Form Disclaimer, the “Disclaimer”) in its Promotional Materials, in a position and with a font that makes the Short-Form Disclaimer easily visible and readable: "“Solactive AG ("“Solactive"”) is the licensor of [name of index] (the "“Index"”). The financial instruments that are based on the Index are not sponsored, endorsed, promoted or sold by Solactive in any way and Solactive makes no express or implied representation, guarantee or assurance with regard to: (a) the advisability in investing in the financial instruments; (b) the quality, accuracy and/or completeness of the Index; and/or (c) the results obtained or to be obtained by any person or entity from the use of the Index. Solactive reserves the right to change the methods of calculation or publication with respect to the Index. Solactive shall not be liable for any damages suffered or incurred as a result of the use (or inability to use) of the Index."” 9.4 Solactive shall have the right, acting reasonably and in good faith, to request and approve any or all Information Material(s) which make use of the Index, Index Data and/or the Solactive TrademarksTrademarks except with respect to regulatory filings. 9.5 Solactive may at any time unilaterally amend the Disclaimer and the Licensee shall, as soon as reasonably practicable following receipt of the updated Disclaimer from Solactive, use such amended Disclaimer in its Information Material(s) produced, provided and/or published thereafter. 9.6 It is the Licensee's ’s own and sole responsibility to comply with any legal requirements concerning the accuracy and completeness of the Information Material(s) for the Financial Product(s) issued by the Licensee.