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TERMS AND CONDITIONS OF USE OF ICB WEB SITE

BY ACCESSING AND USING THE ICB WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL AMENDMENTS MADE TO DATE AND AFTER SEPTEMBER 2, 2004. IF ANY OF THESE TERMS AND CONDITIONS IS UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS OR USE THE ICB WEB SITE.

GENERAL TERMS AND CONDITIONS OF USE

The ICB Web Site ("icbenchmark.com"), is an electronic information site which includes economic sector and industry group-related information and is proprietary to Dow Jones & Company, Inc.'s ("Dow Jones") and FTSE International, Inc. (“FTSE”). By accessing and using icbenchmark.com, you are indicating that you are at least 18 years old, and you agree to be bound by these Terms and Conditions of Use. You may print and keep a copy of these Terms and Conditions of Use, but Dow Jones and FTSE may change any of these terms at any time. When the terms are changed, the changes will appear in this document, which you can access at any time by selecting "Terms of Use". Your use of icbenchmark.com after any changes have been posted will constitute your agreement to the modified Terms and Conditions of Use. Therefore, you should read these Terms and Conditions of Use from time to time. If you do not agree to be bound by these Terms and Conditions of Use or any changes thereto, you should not use icbenchmark.com again.

PROPRIETARY RIGHTS AND LIMITATIONS ON USE

The content available through icbenchmark.com (the "Content") is the property of Dow Jones, FTSE and/or its licensors and is protected by copyright and other intellectual property laws. The Content received through icbenchmark.com may be used only for your personal, non-commercial purposes. You agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from or store the Content (or any portion thereof), without the express prior consent of Dow Jones and FTSE. In addition, you may not post any Content from icbenchmark.com to newsgroups, mail lists or electronic bulletin boards. You may not use icbenchmark.com or any Content for any unlawful purpose.

All trade names, trademarks, service marks and other product and service names and logos on icbenchmark.com and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on icbenchmark.com may be registered or unregistered marks of Dow Jones, FTSE or others. In particular, “FTSE” is a registered trade mark of London Stock Exchange PLC and The Financial Times Limited and licensed for use by FTSE. Nothing contained in icbenchmark.com should be construed as granting any license or right to use any of the Marks displayed here without the express written permission of Dow Jones, FTSE or the owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

Neither Dow Jones, FTSE nor any of their respective affiliates or licensors is giving investment or other professional advice via icbenchmark.com, and neither Dow Jones, FTSE nor its licensors sponsor, recommend or endorses the purchase or sale of any security or investment included in icbenchmark.com.

If you violate any of these terms and conditions, Dow Jones and FTSE have the right to terminate your access to all or any portion of icbenchmark.com and/or the Content immediately without notice. Your right to use icbenchmark.com is subject to any limits established by Dow Jones and FTSE in their sole discretion.

DISCLAIMER OF WARRANTIES AND LIABILITY

icbenchmark.com may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. None of Dow Jones, FTSE and their licensors guarantees the accuracy, completeness or timeliness of, or in any way endorse, these facts, views, opinions or recommendations.

Due to the number of sources from which Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and in icbenchmark.com. THE CONTENT IS PROVIDED TO YOU "AS IS". NEITHER DOW JONES, FTSE NOR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS (THE "LICENSOR PARTIES") WARRANTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR ICBENCHMARK.COM ITSELF. NONE OF THE LICENSOR PARTIES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR (I) ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF ICBENCHMARK.COM, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING ICBENCHMARK.COM OR ANY CONTENT; (II) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR ICBENCHMARK.COM; (III) ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FEES

Dow Jones and FTSE reserve the right at any time to charge fees for access to icbenchmark.com (or portions thereof). If at any time Dow Jones and FTSE require a fee for portions of icbenchmark.com that are now free (e.g., a subscription fee), Dow Jones and FTSE will give users advance notice of such fees and the opportunity to cancel access to icbenchmark.com before such charges are imposed.

LINKS TO OTHER WEB SITES

You may, through hypertext or other computer links, gain access to others' web sites. You agree that none of the Licensor Parties is responsible for the content or operation of such web sites, and that none of the Licensor Parties will have any liability to you or any other person or entity for the use of third party web sites. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from icbenchmark.com.

ADDITIONAL TERMS

Dow Jones and FTSE may discontinue or change icbenchmark.com, or its availability to you, at any time. If any provision in these Terms and Conditions of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms and Conditions of Use, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the State of New York, United States as if these Terms are a contract wholly entered into and wholly performed within the State of New York, United States. These Terms and Conditions of Use constitute the entire agreement between you, Dow Jones and FTSE relating to icbenchmark.com and the Content included herein, and they supersede any and all other agreements, oral or in writing, with respect to icbenchmark.com. The failure of Dow Jones or FTSE to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.

 
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