LICENSEE'S PERMITTED USE. 3.1 Subject to the FOTCBF Policy and any other provisions of this Agreement, the Licensee is permitted to:
(a) calculate, create, structure, develop, publish, manage, hedge, trade, market, list and/or promote the Derived Products;
(b) Calculate and publish Exchange Traded Product Values only insofar as it is strictly necessary for operating the Derived Product at the sole discretion of the LME.
(c) disclose and distribute the underlying Licensed Data relating to the Derived Products to third parties insofar as it directly relates to such Derived Products, provided that such distribution is on an ad hoc non-continuous basis for the purpose of supporting or administering the Derived Products. Distribution is permitted on a daily basis, provided it occurs not earlier than 00:00 Greenwich Mean Time (GMT) on the day the Licensed Data was first published by the LME. Any distribution earlier than earlier than 00:00 GMT will require express written consent from the LME;
(d) reference the LME as the source of the Licensed Data in relevant licensing contracts and / or other accompanying documents / materials;
(e) back up, store and process the Licensed Data only in so far as it is necessary for:
(i) use as permitted by Paragraphs 3.1(a) to 3.1(d) of this Schedule 2;
(ii) compliance with the Audit Policy;
(iii) reasonable internal financial record keeping in relation to use permitted
(iv) compliance with the laws and regulations applicable to the Licensee. (together the "Permitted Use").
3.2 Where, at the absolute discretion of the LME, the Licensed Data cannot be reverse engineered from the Derived Products, the LME has no Intellectual Property Rights in respect of the Derived Products, and the LME retains all Intellectual Property Rights in the underlying Licensed Data. For the avoidance of doubt, nothing herein or in the foregoing conveys any ownership of the Licensed Data to the Licensee.
3.3 Neither the Licensee nor the Authorised Affiliates shall use the Licensed Data or LME Trademark(s) other than for the Permitted Use.
3.4 The Permitted Use defined in this Agreement shall not grant the Licensee and its Authorised Affiliates any rights that can be provided under the permitted use of any other LME market data licence agreement. The LME has the sole discretion to decide to what extent any other LME market data licence agreement is capable of providing such rights.
LICENSEE'S PERMITTED USE. 2.1 Subject at all times to the FOTCBF Policy, and additional provisions of this Agreement (unless otherwise provided for under a separate agreement with the LME), the Licensee is only permitted to use Licensable Datasets:
(a) for valuation and/or pricing activities that do not constitute Non-Display Use; and/or
(b) as a reference price in transactions (together the "Permitted Use").
LICENSEE'S PERMITTED USE. 2.1 Subject at all times to the terms of this Agreement (including but not limited to the reporting obligations under paragraph 4 below, and payment of the Fees in accordance with Schedule 3), the Licensee is permitted to use the LME Data internally, to calculate, create, structure, develop, publish, manage, hedge, trade, market and/or promote Relevant Structured Products.
LICENSEE'S PERMITTED USE. 2.1 The Licensee, subject always to the Audit Policy, is permitted to:
(a) receive the Data, whether directly or indirectly, on a non-exclusive basis;
(b) distribute the Licensed Data to Private Investor Subscribers only for Private Investor Subscriber Use;
(c) use the Trade Marks in conjunction with the mark, name, logo, symbol or device of the Licensee for the sole purpose of distributing the Licensed Data or marketing the Service;
(d) process the Licensed Data in so far as is necessary to enable distribution of the Licensed Data in accordance with paragraphs 2, 3, 4 and 5 of this Schedule;
(e) use the Licensed Data for Internal Licensee Use;
(f) utilise limited extracts of the Licensed Data for marketing the Licensee's Service;
(g) enable Service Facilitators to access and use the Licensed Data insofar as necessary to carry out use as permitted by paragraphs 2.1(a) to 2.1(f) and in accordance with paragraph 4.10 below; and
(h) back up, store and process the Licensed Data only in so far as it is necessary for:
(i) use as permitted by paragraphs 2.1(a) to 2.1(g) of this Schedule; and
(ii) compliance with the Audit Policy; and
(iii) reasonable internal financial record keeping in relation to use permitted by paragraphs 2.1
(a) to 2.1(g) of this Schedule; and
(iv) compliance with the laws and regulations applicable to the Licensee. (together the "Permitted Use").
2.2 Unless otherwise licensed or approved in writing by the LME, Licensee shall not use the Data for any purpose other than the Permitted Use set out in this paragraph 2.
LICENSEE'S PERMITTED USE. 2.1 The Licensee, subject always to the LME Audit Policy, is permitted to:
(a) receive the Data, whether directly or indirectly, on a non-exclusive basis;
(b) use the Licensed Data for Non-Display Use;
(c) back up, store and process the Licensed Data only in so far as it is necessary for:
(i) use as permitted by paragraphs 2.1(a) to 2.1(b) of this Schedule; and
(ii) compliance with the Audit Policy; and
(iii) reasonable internal financial record keeping in relation to use permitted by paragraphs 2.1
(a) to 2.1(b) of this Schedule; and
(iv) compliance with the laws and regulations applicable to the Licensee, (together the "Permitted Use").
2.2 Unless otherwise licensed or approved in writing by the LME, Licensee shall not use the Data for any purpose other than the Permitted Use set out in this paragraph 2. For the avoidance of doubt, use of the Licensed Data that amounts to a separate profit making commercial initiative is not permitted unless the prior written consent of the LME is obtained.
LICENSEE'S PERMITTED USE. 2.1 The Licensee, subject always to the LME Audit Policy, is permitted to:
(a) receive the Data, whether directly or indirectly, on a non-exclusive basis;
(b) use the Licensed Data for Non-Display Use;
(c) back up, store and process the Licensed Data only in so far as it is necessary for:
(i) use as permitted by paragraphs 2.1(a) to 2.1(b) of this Schedule; and
(ii) compliance with the Audit Policy; and
(iii) reasonable internal financial record keeping in relation to use permitted by paragraphs 2.1
(a) to 2.1(b) of this Schedule; and
(iv) compliance with the laws and regulations applicable to the Licensee, (together the "Permitted Use").
2.2 Unless otherwise licensed or approved in writing by the LME, Licensee shall not use the Data for any purpose other than the Permitted Use set out in this paragraph 2.
LICENSEE'S PERMITTED USE.
2.1 The Licensee, subject always to the LME Policy and Audit Policy, is permitted to: (a) receive the Data, whether directly or indirectly, on a non-exclusive basis;
LICENSEE'S PERMITTED USE. 2.1 Subject always to the FOTCBF Policy and additional provisions of this Agreement, the Licensee is permitted to:
(a) calculate, create, structure, develop, publish, manage, hedge, trade, market, list and/or promote the Derived Calculations and/or Derived Products which utilise or are based upon the Licensed Data;
(b) license any or all of the Derived Calculations and Derived Products to Authorised Affiliates or third parties, to manage, publish, hedge, trade, market and/or promote any product, index, strategy or financial instrument (such as, but not limited to, a fund, note, swap or other security) that is, in whole or in part, based on, linked to, or seeks to match the performance of, all or any portion of the Derived Calculation or Derived Products;
(c) disclose and distribute the underlying Licensed Data relating to the Derived Calculations or Derived Products to third parties insofar as it relates to such Derived Calculations or Derived Products, provided that such distribution is on an ad hoc non-continuous basis for the purpose of supporting or administering the Derived Calculations or Derived Products. Distribution is permitted on a daily basis, provided it occurs not earlier than 00:00 Greenwich Mean Time (GMT) on the day the Licensed Data was first published by the LME;
(d) reference the LME as the source of the Licensed Data in relevant licensing contracts and / or other accompanying documents / materials;
(e) back up, store and process the Licensed Data only in so far as it is necessary for:
(i) use as permitted by Paragraphs 2.1
(a) to 2.1(c) of this Schedule;
(ii) compliance with the Audit Policy;
(iii) reasonable internal financial record keeping in relation to use permitted by Paragraphs 2.1
(a) to 2.1(c) of this Schedule; and
(iv) compliance with the laws and regulations applicable to the Licensee, (together the "Permitted Use").
LICENSEE'S PERMITTED USE. SCHEDUL E 2
LICENSEE'S PERMITTED USE. Schedule 2
