Scope of Sub-License. Sub-Licensee hereby acknowledges that it has received, reviewed, and understands the License Agreement entered into between Licensee and Nasdaq relating to use of the Index and Marks. Except as noted herein, Sub-Licensee hereby agrees to obligate itself to all the terms, conditions, and obligations of that License Agreement as if Sub-Licensee were the Licensee. Sub-Licensee agrees that Nasdaq may exercise any rights against Sub-Licensee (including, for example, limitation of liability, indemnification, or audit rights) Nasdaq has against the Licensee to the same extent as if Sub-Licensee were directly contracting with Nasdaq. Sub-Licensee agrees it will not assert against Nasdaq any defense, claim, or right Sub-Licensee may have against Licensee, including those of set-off, abatement, counter-claim, contribution, or indemnification.
Scope of Sub-License. Sub-Licensee hereby acknowledges that it has received, reviewed, and understands the License Agreement entered into between Licensee and NASDAQ OMX relating to use of the Index and Marks. Except as noted herein, Sub-Licensee hereby agrees to obligate itself to all the terms, conditions, and obligations of that License Agreement as if Sub-Licensee were the Licensee. Sub-Licensee agrees that NASDAQ OMX may exercise any rights against Sub-Licensee (including, for example, limitation of liability, indemnification, or audit rights) NASDAQ OMX has against the Licensee to the same extent as if Sub-Licensee were directly contracting with NASDAQ OMX. Sub-Licensee agrees it will not assert against NASDAQ OMX any defense, claim, or right Sub-Licensee may have against Licensee, including those of set-off, abatement, counter-claim, contribution, or indemnification.
Scope of Sub-License. Sub-Licensee hereby acknowledges that it has received, reviewed, and understands the License Agreement entered into between First Trust and S&P relating to use of the S&P Index and S&P Mark. Except as noted herein, Sub-Licensee hereby agrees to obligate itself to all the terms, conditions, and obligations of that License Agreement. Sub-Licensee agrees that each of S&P and the relevant Third Party Licensors is an intended third party beneficiary of the provisions of this Sub-license Agreement and that each of S&P and the Third Party Licensor is entitled to rely on such provisions, and enforce such Sub-license Agreement, to the same extent as First Trust.
Scope of Sub-License. Sub-Licensee hereby acknowledges that it has received, reviewed, and understands the License Agreement entered into between FTA and VLPI relating to use of the System and Marks. Except as noted herein, Sub-Licensee hereby agrees to obligate itself to all the terms, conditions, and obligations of that License Agreement as if Sub-Licensee were the licensee under the Agreement. Sub-Licensee agrees that VLPI may exercise any rights against Sub-Licensee (including, for example, limitation of liability or indemnification rights) VLPI has against FTA to the same extent as if Sub-Licensee were directly contracting VLPI. Sub-Licensee agrees it will not assert against VLPI any defense, claim, or right Sub-Licensee may have against FTA, including those of set-off, abatement, counterclaim, contribution, or indemnification.
Scope of Sub-License. FTA hereby grants to Sub-Licensee a non-exclusive and non-transferable sublicense to the Ranks and Marks in connection with the First Trust Value Line(R) Equity Allocation Index Fund, a series of the First Trust Exchange-Traded Fund. Sub-Licensee hereby acknowledges that it has received, reviewed and understands the License Agreement entered into between FTA and VLPI relating to use of the Ranks and Marks. Except as noted herein, Sub-Licensee hereby agrees to obligate itself to all the terms, conditions and obligations of that License Agreement as if Sub-Licensee were the Licensee under the Agreement. Sub-Licensee agrees that VLPI may exercise any rights against Sub-Licensee (including, for example, limitation of liability or indemnification rights) VLPI has against FTA to the same extent as if Sub-Licensee were directly contracting VLPI. Sub-Licensee agrees it will not assert against VLPI any defense, claim or right Sub-Licensee may have against FTA, including those of set-off, abatement, counterclaim, contribution or indemnification.
Scope of Sub-License. Sub-Licensee hereby acknowledges that it has received, reviewed, and understands the License Agreement entered into between Licensee and Nasdaq relating to use of the Index, the Index Related Data and Marks. Except as noted herein, Sub-Licensee hereby agrees to obligate itself to all the terms, conditions, and obligations of the License Agreement as if Sub-Licensee were a "Party" or the "Licensee". Sub-Licensee agrees that Nasdaq may exercise any rights against Sub-Licensee (including, for example, termination of this sub-license, limitation of liability, indemnification, or audit rights) Nasdaq has against the Licensee or a "Party" to the same extent as if Sub-License were directly contracting with Nasdaq. Sub-Licensee agrees it will not assert against Nasdaq any defense, claim, or right Sub-Licensee may have against Licensee, including those of set-off, abatement, counter-claim, contribution, or indemnification.
Scope of Sub-License. Sub-Licensee hereby acknowledges that it has received, reviewed, and understands the License Agreement entered into between Licensee, Nasdaq and Clean Edge relating to use of the Index and Marks. Except as noted herein, Sub-Licensee hereby agrees to obligate itself to all the terms, conditions, and obligations of that License Agreement as if Sub-Licensee were the Licensee. Sub-Licensee agrees that Nasdaq and/or Clean Edge may exercise any rights against Sub-Licensee (including, for example, limitation of liability, indemnification, or audit rights) that Nasdaq and Clean Edge have against the Licensee to the same extent as if Sub-Licensee were directly contracting with Nasdaq and Clean Edge. Sub-Licensee agrees it will not assert against Nasdaq and/or Clean Edge any defense, claim, or right Sub-Licensee may have against Licensee, including those of set-off, abatement, counter-claim, contribution, or indemnification.
Scope of Sub-License. The Companies hereby acknowledge that they each have received, reviewed, and understand the License Agreement entered into between BFA and NASDAQ relating to use of the Indexes and Marks. Except as noted herein, the Companies hereby agree to obligate themselves to all the terms, conditions, and obligations of that License Agreement as if the Companies were BFA. The Companies agree that NASDAQ may exercise any rights against the Companies (including, for example, limitations of liability, indemnification, or audit rights) NASDAQ has against BFA to the same extent as if the Companies were directly contracting with NASDAQ. The Companies agree they will not assert against NASDAQ any defense, claim, or right the Companies may have against BFA, including those of set-off, abatement, counter-claim, contribution, or indemnification.
Scope of Sub-License. In accordance with item 2.1.1 of the License Agreement, the Licensee hereby grants a sub-license to the Sub-Licensee so it can benefit from the license granted by CF Benchmarks to Licensee under the License Agreement. Sub-Licensee hereby acknowledges that it has received, reviewed, and understands the License Agreement entered into between Licensee and CF Benchmarks relating to use of the Index and Marks. Except as noted herein, Sub- Licensee hereby agrees to obligate itself to all the terms, conditions, and obligations of that License Agreement as if Sub-Licensee were the Licensee. Sub- Licensee agrees that CF Benchmarks may exercise any rights against Sub-Licensee (including, for example, limitation of liability, indemnification, or audit rights) CF Benchmarks has against the Licensee to the same extent as if Sub-Licensee were directly contracting with CF Benchmarks. In accordance with the License Agreement, Licensee shall assume all responsibility for and will hold harmless and indemnify CF Benchmarks against any action or inaction by the Sub-Licensee as if such action or inaction were that of the Licensee. 1.
Scope of Sub-License. Sub-Licensee hereby acknowledges that it has received, reviewed, and understands the License Agreement entered into between Licensee and Nasdaq relating to use of the Index and Marks. Except as noted herein, Sub-Licensee hereby agrees to obligate itself to all the terms, conditions, and obligations of that License Agreement as if Sub-Licensee were the Licensee (other than the payment of any compensation under the License Agreement and the provision of indemnifications to Nasdaq and/or its affiliates). Except as otherwise set forth herein, Sub-Licensee agrees that Nasdaq may exercise any rights against Sub-Licensee (including, for example, limitation of liability) Nasdaq has against the Licensee to the same extent as if Sub-Licensee were directly contracting with Nasdaq. Sub-Licensee agrees it will not assert against Nasdaq any defense, claim, or right Sub-Licensee may have against Licensee, including those of set-off, abatement, counter-claim, contribution, or indemnification. October 5, 2018
