Common use of License of Data; Warranty; Termination of Rights Clause in Contracts

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Tocqueville Funds by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Tocqueville Funds. The Tocqueville Funds have a limited license to use the Data only for purposes necessary to valuing the Tocqueville Fund’s assets and reporting to regulatory bodies (the “License”). The Tocqueville 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 Tocqueville Fund’s right to use the Data cannot be passed to or shared with any other entity. The Tocqueville Funds acknowledge the proprietary rights that USBFS and its suppliers have in the Data. B. THE TOCQUEVILLE FUNDS HEREBY 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 Tocqueville Funds if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Tocqueville Funds if USBFS reasonably believes that the Tocqueville 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 Tocqueville Funds. USBFS will provide notice to the Tocqueville Funds of any termination of provision of Data as soon as reasonably possible.

License of Data; Warranty; Termination of Rights. A. The Any valuation information and evaluations valuations received by Fund Services from independent pricing services being provided to the Tocqueville Funds Fund by USBFS Fund Services pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the Tocqueville FundsFund. The Tocqueville Funds have Fund has a limited license to use the Data only for purposes necessary to valuing the Tocqueville Fund’s assets and reporting to regulatory bodies and the Fund’s stockholders (the “License”). The Tocqueville Funds do 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 Tocqueville Fund’s right to use the Data cannot be passed to or shared with any other entity. The Tocqueville Funds acknowledge Fund acknowledges the proprietary rights that USBFS Fund Services and its suppliers have in the Data. B. THE TOCQUEVILLE FUNDS FUND HEREBY ACCEPT 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; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT RELIEVE Fund Services FROM ANY OBLIGATION UNDER SECTION 9 BELOW. C. USBFS Fund Services may stop supplying some or all Data to the Tocqueville Funds Fund if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFSFund Services. Also, USBFS Fund Services may stop supplying some or all Data to the Tocqueville Funds Fund if USBFS Fund Services reasonably believes that the Tocqueville Funds are 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 Tocqueville FundsFund. USBFS Fund Services will provide notice to the Tocqueville Funds Fund of any termination of provision of Data as soon as reasonably possible.

License of Data; Warranty; Termination of Rights. A. The valuation information and security pricing evaluations being provided to the Tocqueville Funds by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Tocqueville Funds. The Tocqueville Funds have a limited license to use the Data only for purposes necessary to valuing the Tocqueville each Fund’s assets and making any required reporting to regulatory bodies relating thereto (the “License”). The Tocqueville 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. 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 Tocqueville Fund’s Funds’ right to use the Data cannot be passed to or shared with any other entity. The Tocqueville Funds acknowledge Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data. B. THE TOCQUEVILLE FUNDS TRUST HEREBY ACCEPT 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 Tocqueville 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 Tocqueville Funds if USBFS USBGFS reasonably believes that the Tocqueville 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 USBGFS’ suppliers demand that the Data be withheld from the Tocqueville Funds. USBFS USBGFS will provide notice to the Tocqueville Funds of any termination of provision of Data as soon as reasonably possible.

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Tocqueville Funds Fund and MVCFS by USBFS pursuant hereto (collectively, the “Data”) are is being licensed, not sold, to the Tocqueville FundsFund and MVCFS. The Tocqueville Funds Fund and MVCFS have a limited license to use the Data only for purposes necessary to valuing the Tocqueville Fund’s assets Fund and MVCFS’ assets, reporting to regulatory bodies and the Board of Directors (the “License”). The Tocqueville Funds Fund and MVCFS 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 Tocqueville Fund’s Fund and MVCFS’ right to use the Data cannot be passed to or shared with any other entity. The Tocqueville Funds Fund and MVCFS acknowledge the proprietary rights that USBFS and its suppliers have in the Data. B. THE TOCQUEVILLE FUNDS FUND AND MVCFS HEREBY 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 Tocqueville Funds Fund or MVCFS if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Tocqueville Funds Fund and MVCFS if USBFS reasonably believes that the Tocqueville Funds Fund or MVCFS 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 Tocqueville FundsFund and MVCFS. USBFS will provide notice to the Tocqueville Funds Fund and MVCFS of any termination of provision of Data as soon as reasonably possible, but no later than the next calculated net asset value. D. Notwithstanding the language provided in Section (3) herein, USBFS is in no way absolved from any duties and responsibilities set forth in Section two (2) of this Agreement, including performing tolerance checks, reviewing the current day’s activities on a per-share basis and reviewing changes in market value.

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Tocqueville Funds Fund by USBFS USBGFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Tocqueville FundsFund. 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 Tocqueville Funds have Fund has a limited license to use the Data only for purposes necessary to valuing the Tocqueville Fund’s assets and reporting to regulatory bodies (the “License”). The Tocqueville Funds do 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 Tocqueville Fund’s right to use the Data cannot be passed to or shared with any other entity. The Tocqueville Funds acknowledge Trust acknowledges the proprietary rights that USBFS USBGFS and its suppliers have in the Data. B. THE TOCQUEVILLE FUNDS TRUST HEREBY ACCEPT 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 Tocqueville Funds 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 Tocqueville Funds Fund if USBFS USBGFS reasonably believes that the Tocqueville Funds are 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 Tocqueville FundsFund. USBFS USBGFS will provide notice to the Tocqueville Funds Fund of any termination of provision of Data as soon as reasonably possiblepossible and will take all reasonable and appropriate action to mitigate any potential harm related to any termination of provision of Data.

License of Data; Warranty; Termination of Rights. A. The valuation information and evaluations being provided to the Tocqueville Funds Fund by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Tocqueville FundsFund. The Tocqueville Funds have Fund has a limited license to use the Data only for purposes necessary to valuing the Tocqueville Fund’s assets and reporting to regulatory bodies (the “License”). The Tocqueville Funds do 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 Tocqueville Fund’s right to use the Data cannot be passed to or shared with any other entity. The Tocqueville Funds acknowledge Fund acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE TOCQUEVILLE FUNDS FUND HEREBY ACCEPT 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 Tocqueville Funds Fund if USBFS’s ’ suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Tocqueville Funds Fund if USBFS reasonably believes that the Tocqueville Funds are 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 Tocqueville FundsFund. USBFS will provide notice to the Tocqueville Funds Fund of any termination of provision of Data as soon as reasonably possible. D. The Fund agrees to indemnify and hold harmless USBFS and its suppliers from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs, as incurred, arising in and any manner out of the Fund’s use of, or inability to use, the Data or any breach by the Fund of any provision contained in this Agreement, except for any and all claims, losses, damages, liabilities, costs and expenses arising out of or relating to USBFS or its suppliers’ refusal or failure to comply with the terms of this Agreement or from its bad faith, negligence or willful misconduct in the performance of its duties under this Agreement. E. The Fund acknowledges that the Data are intended for use as an aid to institutional investors, registered brokers or professionals of similar sophistication in making informed judgments concerning securities. The Fund accepts responsibility for, and acknowledges it exercises its own independent judgment in, its selection of the Data, its selection of the use or intended use of such, and any results obtained. Nothing contained herein shall be deemed to be a waiver of any rights existing under applicable law for the protection of investors.