License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. C. USBFS may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 93 contracts
Samples: Fund Accounting Servicing Agreement (Trust for Professional Managers), Fund Accounting Servicing Agreement (Stone Ridge Trust), Fund Accounting Servicing Agreement (Trust for Professional Managers)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 42 contracts
Samples: Fund Accounting Servicing Agreement (Brookfield Investment Funds), Fund Accounting Servicing Agreement (Trust for Professional Managers), Fund Accounting Servicing Agreement (Wilshire Variable Insurance Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Fund if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 19 contracts
Samples: Fund Accounting Servicing Agreement (Oaktree Diversified Income Fund Inc.), Fund Accounting Servicing Agreement (Angel Oak Dynamic Financial Strategies Income Term Trust), Fund Accounting Servicing Agreement (Ellington Income Opportunities Fund)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Fund if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 19 contracts
Samples: Fund Accounting Servicing Agreement (Oaktree Diversified Income Fund Inc.), Fund Accounting Servicing Agreement (Tortoise Pipeline & Energy Fund, Inc.), Fund Accounting Servicing Agreement (Center Coast Brookfield MLP & Energy Infrastructure Fund)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust if USBFS USBGFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the Trust. USBFS Fund. USBGFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 16 contracts
Samples: Fund Accounting Servicing Agreement (Tidal Trust III), Etf Fund Accounting Servicing Agreement (Themes ETF Trust), Etf Fund Accounting Servicing Agreement (Cambria ETF Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all use different suppliers to provide Data to the Trust Fund if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 8 contracts
Samples: Fund Accounting Servicing Agreement (LifeX Inflation-Protected Income Trust 1948F), Fund Accounting Servicing Agreement (Stone Ridge Trust VIII), Fund Accounting Servicing Agreement (Stone Ridge Trust VI)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The Trust Company has a limited license to use the Data only for purposes necessary to valuing the TrustCompany’s assets and reporting to regulatory bodies (the “License”). The Trust Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustCompany’s right to use the Data cannot be passed to or shared with any other entity. The Trust Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST COMPANY HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Company if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Company if USBFS reasonably believes that the Trust Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the TrustCompany. USBFS will provide notice to the Trust Company of any termination of provision of Data as soon as reasonably possible.
Appears in 6 contracts
Samples: Fund Accounting Servicing Agreement (First American Strategy Funds Inc), Fund Accounting Servicing Agreement (First American Investment Funds Inc), Fund Accounting Servicing Agreement (IronBridge Funds, Inc.)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all use different suppliers to provide Data to the Trust Fund if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.. FINAL
Appears in 4 contracts
Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust V), Fund Accounting Servicing Agreement (Stone Ridge Trust IV), Fund Accounting Servicing Agreement (Stone Ridge Trust II)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Corporation by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCorporation. The Trust Corporation has a limited license to use the Data only for purposes necessary to valuing the TrustCorporation’s assets and reporting to regulatory bodies (the “License”). The Trust Corporation does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustCorporation’s right to use the Data cannot be passed to or shared with any other entity. The Trust Corporation acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST CORPORATION HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Corporation if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Corporation if USBFS reasonably believes that the Trust Corporation is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the TrustCorporation. USBFS will provide notice to the Trust Corporation of any termination of provision of Data as soon as reasonably possible.
Appears in 4 contracts
Samples: Fund Accounting Servicing Agreement (Perritt Funds Inc), Fund Accounting Servicing Agreement (Wall Street Fund Inc), Fund Accounting Servicing Agreement (Perritt Microcap Opportunities Fund Inc)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Fund if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 4 contracts
Samples: Fund Accounting Servicing Agreement (Business Development Corp of America), Fund Accounting Servicing Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II), Fund Accounting Servicing Agreement (BUSINESS DEVELOPMENT Corp OF AMERICA II)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS USBGFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the TrustFund. USBFS USBGFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 3 contracts
Samples: Fund Accounting Servicing Agreement (Mason Capital Fund Trust), Fund Accounting Servicing Agreement (Mason Capital Fund Trust), Fund Accounting Servicing Agreement (Volatility Shares Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Fund if USBFS’s ’S suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’S suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 3 contracts
Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust IV), Fund Accounting Servicing Agreement (Stone Ridge Trust III), Fund Accounting Servicing Agreement (Stone Ridge Trust II)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all use different suppliers to provide Data to the Trust if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 3 contracts
Samples: Fund Accounting Servicing Agreement (Manager Directed Portfolios), Fund Accounting Servicing Agreement (Series Portfolios Trust), Fund Accounting Servicing Agreement (Trust for Advised Portfolios)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY MERCANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 3 contracts
Samples: Fund Accounting Servicing Agreement (PRUDENT BEAR FUNDS INC C/O US Bancorp Fund Services, LLC), Fund Accounting Servicing Agreement (MDT Funds), Fund Accounting Servicing Agreement (Trust for Professional Managers)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Funds by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFunds. The Trust Each Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Each Fund does not have any license nor or right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustEach Fund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Each Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUNDS HEREBY ACCEPTS ACCEPT THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Funds if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Funds if USBFS reasonably believes that the Trust is Funds are using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustFunds. USBFS will provide notice to the Trust Funds of any termination of provision of Data as soon as reasonably possible.
Appears in 3 contracts
Samples: Servicing Agreement (Cushing MLP Infrastructure Fund II), Servicing Agreement (Cushing MLP Infrastructure Master Fund), Fund Administration Servicing Agreement (Fintan Alternative Fixed Income Master Fund, LLC)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. For the avoidance of doubt, Data does not include information constituting any Fund’s books and records required by the 1940 Act and rules thereunder maintained by Fund Services on behalf of the Trust or provided by Fund Services to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS’s Fund Services’ suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS Fund Services reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s Fund Services’ suppliers demand that the Data be withheld from the Trust. USBFS Fund Services will provide notice to the Trust of prior to any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (Pacific Global ETF Trust), Fund Accounting Servicing Agreement (Pacific Global ETF Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary reporting to regulatory bodies and valuing the Trust’s assets (including, for avoidance of doubt, calculations ancillary to valuing the Trust’s assets and creation of Trust reporting to regulatory bodies for internal and external distribution) (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical databasedatabase that is applied to accounts other than those within the Trust. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (Oaktree Funds), Fund Accounting Servicing Agreement (Oaktree Funds)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust TheTrust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (Trust for Professional Managers), Fund Accounting Servicing Agreement (Trust for Professional Managers)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFunds. The Trust Each Fund has a limited license to use the Data only for purposes necessary to valuing the Trustsuch Fund’s assets and reporting to regulatory bodies (the “License”). The Trust Each Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustEach Fund’s right to use the Data cannot be passed to or shared with any other entity. Each Fund agrees that the provisions of Exhibit C shall apply with respect to the use of the Data. The Trust Fund acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS, although the parties agree to discuss and implement reasonable alternatives if USBGFS’ failure to provide such Data would materially alter the services provided by USBGFS under this Agreement. If USBGFS and the Funds are unable to come to an agreement on alternative Data in such instances, each Fund may terminate this agreement with respect to the applicable Fund(s) immediately upon written notice to USBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS USBGFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the TrustFund. USBFS USBGFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (Nicholas Fund, Inc.), Fund Accounting Servicing Agreement (Nicholas Equity Income Fund, Inc.)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY MERCANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Fund if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (Greenspring Fund Inc), Fund Accounting Servicing Agreement (Greenspring Fund Inc)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The Trust Company has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Each Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Fund if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Master Servicing Agreement (Angel Oak Funds Trust), Master Servicing Agreement (Angel Oak Funds Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “"Data”") are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s 's assets and reporting to regulatory bodies (the “"License”"). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s 's right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s 's suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s 's suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (Academy Funds Trust), Fund Accounting Servicing Agreement (Genworth Variable Insurance Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Trusts by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustTrusts. The Each Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s Trusts’ assets and reporting to regulatory bodies (the “License”). The Each Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Each Trust’s right to use the Data cannot be passed to or shared with any other entity. The Each Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE EACH TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Trusts if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Trusts if USBFS reasonably believes that any of the Trust is Trusts are using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustTrusts. USBFS will provide notice to the Trust Trusts of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Trust Fund Accounting Servicing Agreement (Underlying Funds Trust), Trust Fund Accounting Servicing Agreement (Hatteras Alternative Mutual Funds Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Funds by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFunds. The Trust has Funds have a limited license to use the Data only for purposes necessary to valuing the Trust’s Funds’ assets and reporting to regulatory bodies (the “License”). The Trust does Funds do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or usersor use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s Funds’ right to use the Data cannot be passed to or shared with any other entityentity that is not an affiliate of the Funds. The Trust acknowledges Funds acknowledge the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUNDS HEREBY ACCEPTS ACCEPT THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Funds if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Funds if USBFS reasonably believes that the Trust is Funds are using the Data in violation of the License, or breaching its their duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustFunds. USBFS will provide notice to the Trust Funds of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (Salient MLP & Energy Infrastructure Fund), Fund Accounting Servicing Agreement (Salient MLP & Energy Infrastructure Fund)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS USBGFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the TrustFund. USBFS USBGFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (KKR Credit Opportunities Portfolio), Fund Accounting Servicing Agreement (Ellington Income Opportunities Fund)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable nontransferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust if USBFS USBGFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the Trust. USBFS USBGFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 2 contracts
Samples: Fund Accounting Servicing Agreement (SP Funds Trust), Etf Fund Accounting Servicing Agreement (SP Funds Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (including, for avoidance of doubt, calculations ancillary to valuing the Trust’s assets and the creation of reporting related to the valuation of the Trust’s assets) (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS . Fund Services may stop supplying some or all Data to the Trust if USBFS’s suppliers Fund Services’suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS Fund Services reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s Fund Services’ suppliers demand that the Data be withheld from the Trust. USBFS Fund Services will provide prompt notice to the Trust of any termination of provision of Data as soon as reasonably possible.provision
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (TrimTabs ETF Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trusta Fund’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. USBGFS represents to the Trust that it has made and will continue to make best efforts only to license Data from providers that are reputable and have a commercial history of providing accurate and complete Data. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust if USBFS USBGFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the Trust. USBFS USBGFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible. In the event USBGFS’ suppliers cease providing Data to the Trust, USBGFS will use best efforts to find replacement providers for Data as soon as practicable.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Aristotle Funds Series Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “"Data”") are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the Trust’s Fund's assets and reporting to regulatory bodies (the “"License”"). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s Fund's right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Fund if USBFS’s ' suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ' suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (USQ Core Real Estate Fund)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Funds by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFunds. The Trust Each Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets Assets and reporting to regulatory bodies (the “License”). The Trust Each Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustEach Fund’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust a Fund if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS, although the parties agree to discuss and implement reasonable alternatives if USBGFS’ failure to provide such Data would materially alter the services provided by USBGFS under this Agreement. If USBGFS and the Trust are unable to come to an agreement on alternative Data in such instances, the Trust may terminate this agreement with 4 respect to the applicable Fund(s) immediately upon notice to USBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust a Fund if USBFS USBGFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the TrustFund as a result of any such violation or breach by the Fund. USBFS USBGFS will provide notice to the Trust relevant Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Milliman Variable Insurance Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “"Data”") are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets 's assets, providing relevant data to its lawyers, accountants and Board of Trustees, and reporting to regulatory bodies (the “"License”"). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s 's right to use the Data cannot be passed to or shared with any other entity, except as provided above. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH AND USBFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s 's suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s 's suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible. USBFS will use its best efforts to obtain an alternative Data source for the Trust, in the event some or all Data becomes unavailable.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Olstein Funds)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Fund. For the avoidance of doubt, Data does not include information constituting any Fund’s books and records required by the 1940 Act and rules thereunder maintained by Fund Services on behalf of the Trust or provided by Fund Services to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS Fund Services may stop supplying some or all Data to the Trust on behalf of its Funds if USBFS’s Fund Services’ suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Trust Fund if USBFS Fund Services reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s Fund Services’ suppliers demand that the Data be withheld from the TrustFund. USBFS Fund Services will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (North Capital Funds Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Corporation by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCorporation. The Trust Corporation has a limited license to use the Data only for purposes necessary to valuing the TrustCorporation’s assets and reporting to regulatory bodies (the “License”). The Trust Corporation does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustCorporation’s right to use the Data cannot be passed to or shared with any other entity. The Trust Corporation acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST CORPORATION HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Corporation if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Corporation if USBFS reasonably believes that the Trust Corporation is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustCorporation. USBFS will provide notice to the Trust Corporation of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Wilshire Mutual Funds Inc)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations valuations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies and the Fund’s stockholders (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST FUND, HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Fund if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Fund if USBFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustFund. USBFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Bdca Venture, Inc.)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Administrator by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustAdministrator. The Trust Administrator has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Administrator does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Administrator acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST ADMINISTRATOR HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust Administrator if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust Administrator if USBFS USBGFS reasonably believes that the Trust Administrator is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the TrustAdministrator. USBFS USBGFS will provide notice to the Trust Administrator of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Destiny Tech100 Inc.)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all use different suppliers to provide Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.. Execution Copy
C. USBFS Fund Services may use different suppliers to provide Data to the Trust if Fund Services’ suppliers terminate any agreement to provide Data to Fund Services. Also, Fund Services may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS Fund Services reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s Fund Services’ suppliers demand that the Data be withheld from the Trust. USBFS Fund Services will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Montage Managers Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Funds by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trusteach Fund. The Trust Each Fund has a limited license to use the Data only for purposes necessary to valuing the Trusteach Fund’s assets and reporting to regulatory bodies (the “License”). The Trust Each Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustEach Fund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Each Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST EACH FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust each Fund if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust each Fund if USBFS reasonably believes that the Trust each Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the Trusteach Fund. USBFS will provide notice to the Trust each Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Steben Select Multi-Strategy Master Fund)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s Trust Services’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its their duties of confidentiality provided for hereunder, or if any of USBFS’s Trust Services’ suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Amplify Commodity Trust)
License of Data; Warranty; Termination of Rights. A. a. The valuation information and evaluations being provided to the Trust Fund by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. b. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS c. USBGFS may stop supplying some or all Data to the Trust Fund if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS USBGFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the TrustFund. USBFS USBGFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Intrepid Capital Management Funds Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity, except as required by applicable law. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the Trust. USBFS will provide advance notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (RMB Investors Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations valuations being provided to the Trust Fund by USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the TrustAdministrator and the Fund. The Trust has Administrator and the Fund have a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies and the Fund’s stockholders (the “License”). The Trust does Administrator and the Fund do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustAdminstrator and Fund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Administrator, on behalf of itself and the Fund, acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST ADMINISTRATOR, ON BEHALF OF ITSELF AND THE FUND, HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Administrator and the Fund if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Administrator and the Fund if USBFS reasonably believes that the Trust Administrator and/or the Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustAdministrator and/or the Fund. USBFS will provide notice to the Trust Administrator of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Bain Capital Private Credit)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “"Data”") are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s 's assets and reporting to regulatory bodies (the “"License”"). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s 's right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s ' suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ' suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all use different suppliers to provide Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.the
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Stone Ridge Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust if USBFS USBGFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the Trust. USBFS USBGFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Etf Fund Accounting Servicing Agreement (Madison ETFs Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Manager by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustManager. The Trust Manager has a limited license to use the Data only for purposes necessary to valuing the TrustManager’s assets and reporting to regulatory bodies (the “License”). The Trust Manager does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustManager’s right to use the Data cannot be passed to or shared with any other entity. The Trust Manager acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST MANAGER HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Manager if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Manager if USBFS reasonably believes that the Trust Manager is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the TrustManager. USBFS will provide notice to the Trust Manager of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Bridges Investment Fund Inc)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Fund by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFund. The Trust Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust Fund does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustFund’s right to use the Data cannot be passed to or shared with any other entity. The Trust Fund acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST FUND HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust Fund if USBFS USBGFS reasonably believes that the Trust Fund is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the TrustFund. USBFS Fund. USBGFS will provide notice to the Trust Fund of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Finite Solar Finance Fund)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets assets, providing relevant data to its lawyers, accountants and Board of Trustees, and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity, except as provided above. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH AND USBFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible. USBFS will use its best efforts to obtain an alternative Data source for the Trust, in the event some or all Data becomes unavailable.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Assetmark Funds)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible. USBFS will use its best efforts to help the Trust to replace the services and/or data in the event of any disruption of services hereunder.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Loeb King Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible, and shall seek approval of the Board of Trustees to identify and use reasonable substitute data to fulfill its obligations hereunder.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Purisima Funds)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
License of Data; Warranty; Termination of Rights. A. The third party valuation information and third party evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (MainGate Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity, except as required by applicable law. The Trust acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS’s Fund Services’ suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS Fund Services reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s Fund Services’ suppliers demand that the Data be withheld from the Trust. USBFS Fund Services will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Hotchkis & Wiley Funds /De/)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations of Interactive Data Pricing and Reference Date, Inc. (“IDP”) being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical databasedatabase other than in connection with the services provided hereunder or as required in connection wit with the Trust’s recordkeeping requirements under applicable law. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.. Execution Copy
C. USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS’s Fund Services’ suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS Fund Services reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s Fund Services’ suppliers demand that the Data be withheld from the Trust. USBFS Fund Services will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Amplify ETF Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations valuations being provided to the Trust Administrator by USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the TrustAdministrator. The Trust Administrator has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies and the Fund’s stockholders (the “License”). The Trust Administrator does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right Administrator’sright to use the Data cannot be passed to or shared with any other entity. The Trust Administrator acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST ADMINISTRATOR HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Administrator if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Administrator if USBFS reasonably believes that the Trust Administrator is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the TrustAdministrator. USBFS will provide notice to the Trust Administrator of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (HPS Corporate Lending Fund)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Company by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustCompany. The Trust Company has a limited license to use the Data only for purposes necessary to valuing the TrustCompany’s assets and reporting to regulatory bodies (the “License”). The Trust Company does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustCompany’s right to use the Data cannot be passed to or shared with any other entity. The Trust Company acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY COMPANY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust Company if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust Company if USBFS reasonably believes that the Trust Company is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the TrustCompany. USBFS will provide notice to the Trust Company of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Kopp Funds Inc)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS Fund Services pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.. Execution Version
C. USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS’s Fund Services’ suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Trust if USBFS Fund Services reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s Fund Services’ suppliers demand that the Data be withheld from the Trust. USBFS Fund Services will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (StrongVest ETF Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust Funds by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the TrustFunds. The Trust Each Fund has a limited license to use the Data only for purposes necessary to valuing the TrustFund’s assets and reporting to regulatory bodies (the “License”). The Trust does Funds do not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The TrustEach Fund’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS USBGFS may stop supplying some or all Data to the Trust Funds if USBFS’s USBGFS’ suppliers terminate any agreement to provide Data to USBFSUSBGFS. Also, USBFS USBGFS may stop supplying some or all Data to the Trust Funds if USBFS USBGFS reasonably believes that the Trust is Funds are using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s USBGFS’ suppliers demand that the Data be withheld from the TrustFunds. USBFS USBGFS will provide notice to the Trust Funds of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (PFM Multi-Manager Series Trust)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all use different suppliers to provide Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Managed Portfolio Series)
License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data.
B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER.
C. USBFS may stop supplying some or all Data to the Trust if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s ’ suppliers demand that the Data be withheld from the Trust. USBFS will provide written notice to the Trust of prior to any termination of provision of Data as soon as reasonably possible.
Appears in 1 contract
Samples: Fund Accounting Servicing Agreement (Equinox Funds Trust)
