Common use of Warranties Disclaimers Clause in Contracts

Warranties Disclaimers. (a) J-NET represents and warrants that J-NET has the right to grant the rights granted to Licensee herein. (b) J-NET further warrants and represents to Licensee that the J-NET Marks and the J-NET Index(es) are the exclusive property of J-NET, that J-NET has and retains all proprietary rights therein (including, but not limited to trademarks, service marks, patents and copyrights), that the J-NET Index(es) and its compilation and composition and changes therein are in the control and discretion of J-NET, and that the J-NET Index(es) and J-NET Marks, and license thereof, do not infringe the rights of any third party. (c) Licensee agrees expressly to be bound itself by and furthermore to include all of the following disclaimers and limitations in each prospectus, offering memorandum or other such offering document relating to the Product(s): "The Product(s) is not sponsored, endorsed, sold or promoted by J-NET Global Indexes, LLC ("J-NET"). J-NET makes no representation or warranty, express or implied, to the owners of the Product(s) or any member of the public regarding the advisability of investing in securities generally or in the Product(s) particularly or the ability of the J-NET Index(es) to track the performance of the global water industry. J-NET's only relationship to the Licensee is the licensing of certain service marks and trade names of J-NET and of the J-NET Index(es) that is determined, composed and calculated by J-NET without regard to the Licensee or the Product(s). J-NET has no obligation to take the needs of the Licensee or the owners of the Product(s) into consideration in determining, composing or calculating the J-NET Index(es). J-NET is not responsible for and has not participated in the determination of the timing of, prices at, or quantities of the Product(s) to be issued or in the determination or calculation of the equation by which the Product(s) is to be converted into cash. J-NET has no obligation or liability in connection with the administration, marketing or trading of the Product(s). "J-NET DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN AND J-NET SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. J-NET MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE PRODUCT(S), OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. J-NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL J-NET HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES." The [Product] is not sponsored, endorsed, sold or promoted by Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. ("S&P") or its third party licensors. Neither S&P nor its third party licensors make any representation or warranty, express or implied, to the owners of the [Product] or any member of the public regarding the advisability of investing in securities generally or in the [Product] particularly or the ability of the [Index] to track general stock market performance. S&P's and its third party licensors' only relationship to J-NET Global Indexes, LLC is the licensing of certain trademarks, service marks and trade names of S&P and/or its third party licensors and for the providing of calculation and maintenance services related to the [Index]. Neither S&P nor its third party licensors are responsible for or have participated in the determination of the prices and amount of the [Product] or the timing of the issuance or sale of the [Product] or in the determination or calculation of the equation by which the [Product] is to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the [Product]. NEITHER S&P, ITS AFFILIATES NOR THEIR THIRD PARTY LICENSORS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE [INDEX] OR ANY DATA INCLUDED THEREIN OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO. S&P, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ITS TRADEMARKS, THE INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Standard & Poor's(R) and S&P(R) are registered trademarks of The XxXxxx-Xxxx Companies, Inc.; "Calculated by S&P Custom Indices" and its related stylized xxxx are service marks of The XxXxxx-Xxxx Companies, Inc. These marks have been licensed for use by J-NET Global Indexes, LLC." Any changes in the foregoing disclaimers and limitations must be approved in advance in writing by an authorized officer of J-NET. Licensee will also include such notices as are set forth in Exhibit A regarding the use of any marks that J-NET has been licensed to use. (d) Each party represents and warrants to the other that it has the authority to enter into this Agreement according to its terms and that its performance does not violate any laws, regulations or agreements applicable to it. (e) Each party hereto represents that this Agreement has been duly executed by an authorized signatory of such party and constitutes the valid and binding obligation of such party enforceable against such party in accordance with its terms; that at all times during the term of this Agreement, such party shall have the power and authority to perform all of its obligations under this Agreement; and that the execution, delivery and performance of this Agreement will not violate any agreement or instrument to which such party is a party. (f) Licensee represents and warrants to J-NET that the Product(s) shall at all times comply with the descriptions in Exhibit B and shall not violate any of the restrictions set forth therein. (g) Licensee represents and warrants to J-NET that the Product(s) shall not violate any applicable law, including but not limited to banking, commodities and securities laws. (h) Neither party shall have any liability for lost profits or indirect, punitive, special, or consequential damages arising out of this Agreement, even if notified of the possibility of such damages. Without diminishing the disclaimers and limitations set forth in Subsection 9(b), in no event shall the cumulative liability of J-NET to Licensee exceed the average annual License Fees actually paid to J-NET hereunder. (i) The provisions of this Section 9 shall survive any termination of this Agreement.

Warranties Disclaimers. (a) J-NET SNGI represents and warrants that J-NET SNGI has the right to grant the rights granted to Licensee herein. (b) J-NET SNGI further warrants and represents to Licensee that the J-NET SNGI Marks and the JS-NET Net Index(es) are the exclusive property of J-NETSNGI, that J-NET SNGI has and retains all proprietary rights therein (including, but not limited to trademarks, service marks, patents and copyrights), that the JS-NET Net Index(es) and its compilation and composition and changes therein are in the control and discretion of J-NETSNGI, and that the JS-NET Net Index(es) and J-NET SNGI Marks, and license thereof, do not infringe the rights of any third party. (c) Licensee agrees expressly to be bound itself by and furthermore to include all of the following disclaimers and limitations in each prospectus, offering memorandum or other such offering document relating to the Product(s): "The Product(s) is not sponsored, endorsed, sold or promoted by JS-NET Network Global Indexes, LLC LLC, ("J-NETSNGI"). J-NET SNGI makes no representation or warranty, express or implied, to the owners of the Product(s) or any member of the public regarding the advisability of investing in securities generally or in the Product(s) particularly or the ability of the JS-NET Net Index(es) to track the performance of the global water industryMacro trends targeted. J-NETSNGI's only relationship to the Licensee is the licensing of certain service marks and trade names of J-NET SNGI and of the JS-NET Net Index(es) that is determined, composed and calculated by J-NET SNGI without regard to the Licensee or the Product(s). J-NET SNGI has no obligation to take the needs of the Licensee or the owners of the Product(s) into consideration in determining, composing or calculating the JS-NET Net Index(es). J-NET SNGI is not responsible for and has not participated in the determination of the timing of, prices at, or quantities of the Product(s) to be issued or in the determination or calculation of the equation by which the Product(s) is to be converted into cash. J-NET SNGI has no obligation or liability in connection with the administration, marketing or trading of the Product(s). "J-NET DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN AND J-NET SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. J-NET MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE PRODUCT(S), OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. J-NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL J-NET HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES." The [Product] is not sponsored, endorsed, sold or promoted by Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. ("S&P") or its third party licensors. Neither S&P nor its third party licensors make any representation or warranty, express or implied, to the owners of the [Product] or any member of the public regarding the advisability of investing in securities generally or in the [Product] particularly or the ability of the [Index] to track general stock market performance. S&P's and its third party licensors' only relationship to J-NET Global Indexes, LLC is the licensing of certain trademarks, service marks and trade names of S&P and/or its third party licensors and for the providing of calculation and maintenance services related to the [Index]. Neither S&P nor its third party licensors are responsible for or have participated in the determination of the prices and amount of the [Product] or the timing of the issuance or sale of the [Product] or in the determination or calculation of the equation by which the [Product] is to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the [Product]. NEITHER S&P, ITS AFFILIATES NOR THEIR THIRD PARTY LICENSORS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE [INDEX] OR ANY DATA INCLUDED THEREIN OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO. S&P, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ITS TRADEMARKS, THE INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Standard & Poor's(R) and S&P(R) are registered trademarks of The XxXxxx-Xxxx Companies, Inc.; "Calculated by S&P Custom Indices" and its related stylized xxxx are service marks of The XxXxxx-Xxxx Companies, Inc. These marks have been licensed for use by J-NET Global Indexes, LLC." Any changes in the foregoing disclaimers and limitations must be approved in advance in writing by an authorized officer of J-NET. Licensee will also include such notices as are set forth in Exhibit A regarding the use of any marks that J-NET has been licensed to use. (d) Each party represents and warrants to the other that it has the authority to enter into this Agreement according to its terms and that its performance does not violate any laws, regulations or agreements applicable to it. (e) Each party hereto represents that this Agreement has been duly executed by an authorized signatory of such party and constitutes the valid and binding obligation of such party enforceable against such party in accordance with its terms; that at all times during the term of this Agreement, such party shall have the power and authority to perform all of its obligations under this Agreement; and that the execution, delivery and performance of this Agreement will not violate any agreement or instrument to which such party is a party. (f) Licensee represents and warrants to J-NET that the Product(s) shall at all times comply with the descriptions in Exhibit B and shall not violate any of the restrictions set forth therein. (g) Licensee represents and warrants to J-NET that the Product(s) shall not violate any applicable law, including but not limited to banking, commodities and securities laws. (h) Neither party shall have any liability for lost profits or indirect, punitive, special, or consequential damages arising out of this Agreement, even if notified of the possibility of such damages. Without diminishing the disclaimers and limitations set forth in Subsection 9(b), in no event shall the cumulative liability of J-NET to Licensee exceed the average annual License Fees actually paid to J-NET hereunder. (i) The provisions of this Section 9 shall survive any termination of this Agreement.

Warranties Disclaimers. (a) J-NET SNGI represents and warrants that J-NET SNGI has the right to grant the rights granted to Licensee Invesco herein. (b) J-NET SNGI further warrants and represents to Licensee Invesco that the J-NET SNGI Marks and the J-NET S- Net Index(es) are the exclusive property of J-NETSNGI, that J-NET SNGI has and retains all proprietary rights therein (including, but not limited to trademarks, service marks, patents and copyrights), that the JS-NET Net Index(es) and its compilation and composition and changes therein are in the control and discretion of J-NETSNGI, and that the JS-NET Net Index(es) and J-NET SNGI Marks, and license thereof, do not infringe the rights of any third party. (c) Licensee Invesco agrees expressly to be bound itself by and furthermore to include all of the following disclaimers and limitations in each prospectus, offering memorandum or other such offering document relating to the Product(s): "The Product(s) is not sponsored, endorsed, sold or promoted by J-NET S- Network Global Indexes, LLC LLC, ("J-NETSNGI"). J-NET SNGI makes no representation or warranty, express or implied, to the owners of the Product(s) or any member of the public regarding the advisability of investing in securities generally or in the Product(s) particularly or the ability of the JS-NET Net Index(es) to track the performance of the global water industry[ ] market. J-NETSNGI's only relationship to the Licensee Invesco is the licensing of certain service marks and trade names of J-NET SNGI and of the JS-NET Net Index(es) that is determined, composed and calculated by J-NET SNGI without regard to the Licensee Invesco or the Product(s). J-NET SNGI has no obligation to take the needs of the Licensee Invesco or the owners of the Product(s) into consideration in determining, composing or calculating the JS-NET Net Index(es). J-NET SNGI is not responsible for and has not participated in the determination of the timing of, prices at, or quantities of the Product(s) to be issued or in the determination or calculation of the equation by which the Product(s) is to be converted into cash. J-NET SNGI has no obligation or liability in connection with the administration, marketing or trading of the Product(s). "J-NET DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN AND J-NET SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. J-NET MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE PRODUCT(S), OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. J-NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL J-NET HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES." The [Product] is not sponsored, endorsed, sold or promoted by Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. ("S&P") or its third party licensors. Neither S&P nor its third party licensors make any representation or warranty, express or implied, to the owners of the [Product] or any member of the public regarding the advisability of investing in securities generally or in the [Product] particularly or the ability of the [Index] to track general stock market performance. S&P's and its third party licensors' only relationship to J-NET Global Indexes, LLC is the licensing of certain trademarks, service marks and trade names of S&P and/or its third party licensors and for the providing of calculation and maintenance services related to the [Index]. Neither S&P nor its third party licensors are responsible for or have participated in the determination of the prices and amount of the [Product] or the timing of the issuance or sale of the [Product] or in the determination or calculation of the equation by which the [Product] is to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the [Product]. NEITHER S&P, ITS AFFILIATES NOR THEIR THIRD PARTY LICENSORS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE [INDEX] OR ANY DATA INCLUDED THEREIN OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO. S&P, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ITS TRADEMARKS, THE INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Standard & Poor's(R) and S&P(R) are registered trademarks of The XxXxxx-Xxxx Companies, Inc.; "Calculated by S&P Custom Indices" and its related stylized xxxx are service marks of The XxXxxx-Xxxx Companies, Inc. These marks have been licensed for use by J-NET Global Indexes, LLC." Any changes in the foregoing disclaimers and limitations must be approved in advance in writing by an authorized officer of J-NET. Licensee will also include such notices as are set forth in Exhibit A regarding the use of any marks that J-NET has been licensed to use. (d) Each party represents and warrants to the other that it has the authority to enter into this Agreement according to its terms and that its performance does not violate any laws, regulations or agreements applicable to it. (e) Each party hereto represents that this Agreement has been duly executed by an authorized signatory of such party and constitutes the valid and binding obligation of such party enforceable against such party in accordance with its terms; that at all times during the term of this Agreement, such party shall have the power and authority to perform all of its obligations under this Agreement; and that the execution, delivery and performance of this Agreement will not violate any agreement or instrument to which such party is a party. (f) Licensee represents and warrants to J-NET that the Product(s) shall at all times comply with the descriptions in Exhibit B and shall not violate any of the restrictions set forth therein. (g) Licensee represents and warrants to J-NET that the Product(s) shall not violate any applicable law, including but not limited to banking, commodities and securities laws. (h) Neither party shall have any liability for lost profits or indirect, punitive, special, or consequential damages arising out of this Agreement, even if notified of the possibility of such damages. Without diminishing the disclaimers and limitations set forth in Subsection 9(b), in no event shall the cumulative liability of J-NET to Licensee exceed the average annual License Fees actually paid to J-NET hereunder. (i) The provisions of this Section 9 shall survive any termination of this Agreement.

Warranties Disclaimers. (a) J-NET represents and warrants that J-NET has the right to grant the rights granted to Licensee herein. (b) J-NET further warrants and represents to Licensee that the J-NET Net Marks and the J-NET Net Index(es) are the exclusive property of J-NET, that J-NET has and retains all proprietary rights therein (including, but not limited to trademarks, service marks, patents and copyrights), that the J-NET Net Index(es) and its compilation and composition and changes therein are in the control and discretion of J-NET, and that the J-NET Net Index(es) and J-NET Net Marks, and license thereof, do not infringe the rights of any third party. (c) Licensee agrees expressly to be bound itself by and furthermore to include all of the following disclaimers and limitations in each prospectus, offering memorandum or other such offering document relating to the Product(s): "The Product(s) is not sponsored, endorsed, sold or promoted by J-NET Net Global Indexes, LLC LLC, ("J-NET"). J-NET makes no representation or warranty, express or implied, to the owners of the Product(s) or any member of the public regarding the advisability of investing in securities generally or in the Product(s) particularly or the ability of the J-NET Net Index(es) to track the performance of the global water industry. J-NET's only relationship to the Licensee is the licensing of certain service marks and trade names of J-NET and of the J-NET Net Index(es) that is determined, composed and calculated by J-NET without regard to the Licensee or the Product(s). J-NET has no obligation to take the needs of the Licensee or the owners of the Product(s) into consideration in determining, composing or calculating the J-NET Net Index(es). J-NET is not responsible for and has not participated in the determination of the timing of, prices at, or quantities of the Product(s) to be issued or in the determination or calculation of the equation by which the Product(s) is to be converted into cash. J-NET has no obligation or liability in connection with the administration, marketing or trading of the Product(s). "J-NET DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN AND J-NET SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. J-NET MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE PRODUCT(S), OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. J-NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL J-NET HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES." The [Product] is not sponsored, endorsed, sold or promoted by Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. ("S&P") or its third party licensors. Neither S&P nor its third party licensors make any representation or warranty, express or implied, to the owners of the [Product] or any member of the public regarding the advisability of investing in securities generally or in the [Product] particularly or the ability of the [Index] to track general stock market performance. S&P's and its third party licensors' licensor's only relationship to J-NET Net Global Indexes, LLC is the licensing of certain trademarks, service marks and trade names of S&P and/or its third party licensors and for the providing of calculation and maintenance services related to the [Index]. Neither S&P nor its third party licensors are is responsible for or have and has not participated in the determination of the prices and amount of the [Product] or the timing of the issuance or sale of the [Product] or in the determination or calculation of the equation by which the [Product] is to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the [Product]. NEITHER S&P, ITS AFFILIATES NOR THEIR THIRD PARTY LICENSORS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE [INDEX] OR ANY DATA INCLUDED THEREIN OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO. S&P, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ITS TRADEMARKS, THE INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Standard & Poor's(R) and S&P(R) are registered trademarks of The XxXxxx-Xxxx Companies, Inc.; "Calculated by S&P Custom Indices" and its related stylized xxxx are service marks of The XxXxxx-Xxxx Companies, Inc. These marks have been licensed for use by J-NET Global Indexes, LLC." Any changes in the foregoing disclaimers and limitations must be approved in advance in writing by an authorized officer of J-NET. Licensee will also include such notices as are set forth in Exhibit A regarding the use of any marks that J-NET has been licensed to use. (d) Each party represents and warrants to the other that it has the authority to enter into this Agreement according to its terms and that its performance does not violate any laws, regulations or agreements applicable to it. (e) Each party hereto represents that this Agreement has been duly executed by an authorized signatory of such party and constitutes the valid and binding obligation of such party enforceable against such party in accordance with its terms; that at all times during the term of this Agreement, such party shall have the power and authority to perform all of its obligations under this Agreement; and that the execution, delivery and performance of this Agreement will not violate any agreement or instrument to which such party is a party. (f) Licensee represents and warrants to J-NET that the Product(s) shall at all times comply with the descriptions in Exhibit B and shall not violate any of the restrictions set forth therein. (g) Licensee represents and warrants to J-NET that the Product(s) shall not violate any applicable law, including but not limited to banking, commodities and securities laws. (h) Neither party shall have any liability for lost profits or indirect, punitive, special, or consequential damages arising out of this Agreement, even if notified of the possibility of such damages. Without diminishing the disclaimers and limitations set forth in Subsection 9(b), in no event shall the cumulative liability of J-NET to Licensee exceed the average annual License Fees actually paid to J-NET hereunder. (i) The provisions of this Section 9 shall survive any termination of this Agreement.

Warranties Disclaimers. (a) J-NET SNGI represents and warrants that J-NET SNGI has the right to grant the rights granted to Licensee herein. (b) J-NET SNGI further warrants and represents to Licensee that the J-NET SNGI Marks and the JS-NET Net Index(es) are the exclusive property of J-NETSNGI, that J-NET SNGI has and retains all proprietary rights therein (including, but not limited to trademarks, service marks, patents and copyrights), that the JS-NET Net Index(es) and its compilation and composition and changes therein are in the control and discretion of J-NETSNGI, and that the JS-NET Net Index(es) and J-NET SNGI Marks, and license thereof, do not infringe the rights of any third party. (c) Licensee agrees expressly to be bound itself by and furthermore to include all of the following disclaimers and limitations in each prospectus, offering memorandum or other such offering document relating to the Product(s): "The Product(s) is not sponsored, endorsed, sold or promoted by JS-NET Network Global Indexes, LLC LLC, ("J-NETSNGI"). J-NET SNGI makes no representation or warranty, express or implied, to the owners of the Product(s) or any member of the public regarding the advisability of investing in securities generally or in the Product(s) particularly or the ability of the JS-NET Net Index(es) to track the performance of the global water industry[___________] market. J-NETSNGI's only relationship to the Licensee is the licensing of certain service marks and trade names of J-NET SNGI and of the JS-NET Net Index(es) that is determined, composed and calculated by J-NET SNGI without regard to the Licensee or the Product(s). J-NET SNGI has no obligation to take the needs of the Licensee or the owners of the Product(s) into consideration in determining, composing or calculating the JS-NET Net Index(es). J-NET SNGI is not responsible for and has not participated in the determination of the timing of, prices at, or quantities of the Product(s) to be issued or in the determination or calculation of the equation by which the Product(s) is to be converted into cash. J-NET SNGI has no obligation or liability in connection with the administration, marketing or trading of the Product(s). "J-NET DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN AND J-NET SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. J-NET MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE PRODUCT(S), OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. J-NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE J-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL J-NET HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES." The [Product] is not sponsored, endorsed, sold or promoted by Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. ("S&P") or its third party licensors. Neither S&P nor its third party licensors make any representation or warranty, express or implied, to the owners of the [Product] or any member of the public regarding the advisability of investing in securities generally or in the [Product] particularly or the ability of the [Index] to track general stock market performance. S&P's and its third party licensors' only relationship to J-NET Global Indexes, LLC is the licensing of certain trademarks, service marks and trade names of S&P and/or its third party licensors and for the providing of calculation and maintenance services related to the [Index]. Neither S&P nor its third party licensors are responsible for or have participated in the determination of the prices and amount of the [Product] or the timing of the issuance or sale of the [Product] or in the determination or calculation of the equation by which the [Product] is to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the [Product]. NEITHER S&P, ITS AFFILIATES NOR THEIR THIRD PARTY LICENSORS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE [INDEX] OR ANY DATA INCLUDED THEREIN OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO. S&P, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ITS TRADEMARKS, THE INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Standard & Poor's(R) and S&P(R) are registered trademarks of The XxXxxx-Xxxx Companies, Inc.; "Calculated by S&P Custom Indices" and its related stylized xxxx are service marks of The XxXxxx-Xxxx Companies, Inc. These marks have been licensed for use by J-NET Global Indexes, LLC." Any changes in the foregoing disclaimers and limitations must be approved in advance in writing by an authorized officer of J-NET. Licensee will also include such notices as are set forth in Exhibit A regarding the use of any marks that J-NET has been licensed to use. (d) Each party represents and warrants to the other that it has the authority to enter into this Agreement according to its terms and that its performance does not violate any laws, regulations or agreements applicable to it. (e) Each party hereto represents that this Agreement has been duly executed by an authorized signatory of such party and constitutes the valid and binding obligation of such party enforceable against such party in accordance with its terms; that at all times during the term of this Agreement, such party shall have the power and authority to perform all of its obligations under this Agreement; and that the execution, delivery and performance of this Agreement will not violate any agreement or instrument to which such party is a party. (f) Licensee represents and warrants to J-NET that the Product(s) shall at all times comply with the descriptions in Exhibit B and shall not violate any of the restrictions set forth therein. (g) Licensee represents and warrants to J-NET that the Product(s) shall not violate any applicable law, including but not limited to banking, commodities and securities laws. (h) Neither party shall have any liability for lost profits or indirect, punitive, special, or consequential damages arising out of this Agreement, even if notified of the possibility of such damages. Without diminishing the disclaimers and limitations set forth in Subsection 9(b), in no event shall the cumulative liability of J-NET to Licensee exceed the average annual License Fees actually paid to J-NET hereunder. (i) The provisions of this Section 9 shall survive any termination of this Agreement.

Warranties Disclaimers. (a) JS-NET represents and warrants that JS-NET has the right to grant the rights granted to Licensee hereinherein and that, subject to the terms and conditions of this Agreement, the license granted herein shall not infringe any trademark, copyright or other proprietary right of any person not a party to this Agreement. (b) JS-NET further warrants and represents to Licensee that the JS-NET Marks and the JS-NET Index(es) are the exclusive property of JS-NET, that JS-NET has and retains all proprietary rights therein (including, but not limited to trademarks, service marks, patents and copyrights), that the JS-NET Index(es) and its compilation and composition and changes therein are in the control and discretion of JS-NET, and that the JS-NET Index(es) and JS-NET Marks, and license thereof, Marks do not infringe the rights of any third party. (c) Licensee agrees expressly to be bound itself by and furthermore to include all of the following disclaimers and limitations in each prospectus, offering memorandum or other such offering document each Statement of Additional Information ("SAI") relating to the Product(s): "), provided if the SAI is incorporated by reference into the prospectus and the prospectus contains disclosure regarding the S-NET Index(es) that conforms to the notice in Subsection 7(b), including a cross reference to the SAI disclosure, the disclaimers and limitations set forth below do not have to be restated in the prospectus. Licensee shall furnish a copy of the prospectus and, if applicable, the SAI to S-NET: “The Product(s) is not sponsored, endorsed, sold or promoted by JS-NET Network Global Indexes, LLC Inc., ("JS-NET"). JS-NET makes no representation or warranty, express or implied, to the owners of the Product(s) or any member of the public regarding the advisability of investing in securities generally or in the Product(s) particularly or the ability of the JS-NET Index(es) to track the performance of the global water industrysecurities market. JS-NET's only relationship to the Licensee is the licensing of certain service marks and trade names of JS-NET and of the JS-NET Index(es) that is determined, composed and calculated by JS-NET without regard to the Licensee or the Product(s). JS-NET has no obligation to take the needs of the Licensee or the owners of the Product(s) into consideration in determining, composing or calculating the JS-NET Index(es). JS-NET is not responsible for and has not participated in the determination of the timing of, prices at, or quantities of the Product(s) to be issued or in the determination or calculation of the equation by which the Product(s) is to be converted into cash. JS-NET has no obligation or liability in connection with the administration, marketing or trading of the Product(s). "J“S-NET DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OF THE JS-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN AND JS-NET SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN. JS-NET MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY LICENSEE, OWNERS OF THE PRODUCT(S), OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE JS-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. JS-NET MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE JS-NET INDEX(ES) OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL JS-NET HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES." The [Product] is not sponsored, endorsed, sold or promoted by Standard & Poor's, a division of The XxXxxx-Xxxx Companies, Inc. ("S&P") or its third party licensors. Neither S&P nor its third party licensors make any representation or warranty, express or implied, to the owners of the [Product] or any member of the public regarding the advisability of investing in securities generally or in the [Product] particularly or the ability of the [Index] to track general stock market performance. S&P's and its third party licensors' only relationship to J-NET Global Indexes, LLC is the licensing of certain trademarks, service marks and trade names of S&P and/or its third party licensors and for the providing of calculation and maintenance services related to the [Index]. Neither S&P nor its third party licensors are responsible for or have participated in the determination of the prices and amount of the [Product] or the timing of the issuance or sale of the [Product] or in the determination or calculation of the equation by which the [Product] is to be converted into cash. S&P has no obligation or liability in connection with the administration, marketing or trading of the [Product]. NEITHER S&P, ITS AFFILIATES NOR THEIR THIRD PARTY LICENSORS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE [INDEX] OR ANY DATA INCLUDED THEREIN OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO, ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) WITH RESPECT THERETO. S&P, ITS AFFILIATES AND THEIR THIRD PARTY LICENSORS SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS THEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ITS TRADEMARKS, THE INDEX OR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WHATSOEVER SHALL S&P, ITS AFFILIATES OR THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. Standard & Poor's(R) and S&P(R) are registered trademarks of The XxXxxx-Xxxx Companies, Inc.; "Calculated by S&P Custom Indices" and its related stylized xxxx are service marks of The XxXxxx-Xxxx Companies, Inc. These marks have been licensed for use by J-NET Global Indexes, LLC." ” Any changes in the foregoing disclaimers and limitations must be approved in advance in writing by an authorized officer of JS-NET. Licensee will also include such notices as are set forth in Exhibit A regarding the use of any marks that J-NET has been licensed to use. (d) Each party represents and warrants to the other that it has the authority to enter into this Agreement according to its terms and that its performance does not violate any laws, regulations or agreements applicable to it. (e) Each party hereto represents that this Agreement has been duly executed by an authorized signatory of such party and constitutes the its valid and binding obligation of such party enforceable against such party it in accordance with its terms; that at all times during the term of this Agreement, such party it shall have the power and authority to perform all of its obligations under this Agreement; and that the execution, delivery and performance of this Agreement will not violate any agreement or instrument to which such party it is a party. (f) Licensee represents and warrants to JS-NET that the Product(s) shall at all times comply with the descriptions in Exhibit B and shall not violate any of the restrictions set forth therein. (g) Licensee represents and warrants to JS-NET that the Product(s) shall not knowingly violate any applicable law, including but not limited to banking, commodities and securities laws. (h) Neither party shall have any liability for lost profits or indirect, punitive, special, or consequential damages arising out of this Agreement, even if notified of the possibility of such damages. Without diminishing the disclaimers and limitations set forth in Subsection 9(b), in no event shall the cumulative liability of JS-NET (except for claims other than infringement claims) to Licensee exceed the average annual License Fees actually paid to JS-NET hereunder. (i) The provisions of this Section 9 shall survive any termination of this Agreement.