Conditions of Use for Unregistered Users
If you do not accept these conditions, you are not allowed to use this website and the data available on this website.
By entering the website or by using any of the data available on the website you will accept these Conditions of Use.
'Data' means all data available on the CONCERTO website (concerto-fs.com).
'Restricted Data' means the data which is available in a password-protected area on the CONCERTO website, but only to registered users who have been permitted access to such Restricted Data according to the terms of a license agreement, comprising, inter alia, composition lists, component level data, and any other data related to component level data (e.g., weightings, prices, market capitalization, free float), historical index values, index adjustments (e.g. corporate actions, reviews and changes) and other data and information, such as index updates and reports, related to the CONCERTO® Indices, as amended by CONCERTO from time to time.
'User' means any physical person who accesses and/or uses the CONCERTO website and/or Data.
2. Applicability of these Conditions of Use
2.1. The User accepts and is legally bound by all the terms of these Conditions of Use (i) upon accessing the CONCERTO website or (ii) upon using Data, whatever is the earlier. For the avoidance of doubt, even if the User is expressing his/her disagreement with any of the terms of these Conditions of Use, the User accepts to be bound by all the terms of these Conditions of Use upon accessing or using the CONCERTO website and/or any Data.
2.2. Subject to anything provided for herein, these Conditions of Use shall exclusively govern any kind of use of the CONCERTO website and of the Data by the User.
2.3. These Conditions of use are NOT applicable to persons who have the right to access and to use Restricted Data under a license agreement. For such persons, specific conditions of use are applicable.
For the time being the use of Data other than Restricted Data is free of charge. However, the User acknowledges and accepts that CONCERTO reserves the right at any time to convert any Data into Restricted Data for which respective fees apply.
4. Use of Data
4.1. Use Restrictions
(a) The User acknowledges and accepts that he/she will not access and/or use any Restricted Data.
(b) The User will receive, download, store and use Data solely for internal informational purposes. The right to use the Data is subject to any limits described herein and that may be established by CONCERTO in its sole discretion in the future and posted to these Conditions of Use.
(c) The User will not store any Data to create historical databases.
(d) The User will not create derived works such as data, works, indices, charts, reports or any kind of products which are in way derived from the Data.
(e) The User will not further transmit, distribute or make available to third parties any Data or any works derived from Data by any means (including but not limited to the internet, intranet or other type of network distribution).
(f) The User will not use any Data or any works derived from the Data in connection with the issuance, trading, marketing, or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the indices).
4.2. Sanctions and Remedies
(a) If the User is in breach of any provision of this clause 4, CONCERTO is entitled to block the User's access to the CONCERTO website with immediate effect without any notice and, additionally, to make the User's further use of Data contingent on the User, or its employer, entering into a license agreement with CONCERTO and paying a license fee pursuant to CONCERTO' then current pricing which applies retrospectively.
(b) CONCERTO is entitled to damages (incl. loss of revenue) resulting from the breach of this clause .
(c) Furthermore CONCERTO is entitled to request from the User to rectify such breach immediately. In particular, CONCERTO shall have the right to request, inter alia, the deletion and/or removal of any data, material, document, products, works etc. that have been used or produced in breach of this clause 4.
(d) Such measures or payments do not entail any waiver or limitation of any other right or remedy available to CONCERTO under the applicable laws.
5. No Warranties and Representations of CONCERTO / Disclaimers of CONCERTO
Neither CONCERTO nor any of its licensors makes any warranties or representations, express or implied, to the User with respect to the access to, and the use of, the CONCERTO website and the Data. In particular, the User acknowledges and accepts the following disclaimers of CONCERTO:
5.1. CONCERTO reserves the right to remove portions of the Data from the CONCERTO website at any time without notice. CONCERTO may discontinue or change the CONCERTO website, or its availability to any User, at any time.
5.2. CONCERTO is free, in its sole discretion, to implement at any time any technical, administrative, content related or other changes on the CONCERTO website (incl. changes to the Data), which changes may affect the Data. For example, CONCERTO may change the way the Data is organized and formatted on the CONCERTO website, how it can be accessed and downloaded and CONCERTO may also add or remove indices and change methodologies at any time and change the components and methodologies of the indices.
5.3. Neither CONCERTO nor its licensors are giving investment advice, tax advice, legal advice, or other professional advice via the CONCERTO website, and neither CONCERTO nor its licensors sponsor, recommend or endorse the purchase or sale of any security or investment product. Inclusion of a company or other component in an index does not in any way reflect an opinion of CONCERTO or its licensors of the investment merits of such company or other component.
5.4. Neither CONCERTO nor any of its licensors represents or warrants the accuracy, completeness, timeliness, sequence, currentness, merchantability, quality or fitness for any particular purpose of the Data, or any portion thereof. If the User wishes to rely on the Data in any way it is the User's responsibility to independently verify the accuracy, completeness or timeliness of that Data.
5.5. The CONCERTO website may include data, facts, views, opinions and recommendations of third parties which are used by CONCERTO without any review for accuracy or completeness. The User agrees that CONCERTO is not responsible for such content, and that CONCERTO shall have no liability to the User or any other person or entity for the use of such content.
5.6. The User may, through hypertext or other computer links, gain access to other websites. The User agrees that CONCERTO is not responsible for the content or operation of such websites, and that CONCERTO shall have no liability to the User or any other person or entity for the use of third party websites. The User is solely responsible for determining the extent to which it may use any content at any other websites to which it links from the CONCERTO website.
5.7. Neither CONCERTO nor any of its licensors makes any warranties or representations in respect of the absence of any third party rights related to the use of the Data.
5.8. The CONCERTO website may contain viruses (e.g., computer program files containing codes capable of (a) damaging or destroying software, hardware or data, (b) shutting down, prohibiting access or impairing normal operation, or (c) assisting in or enabling theft or alteration of data), and any of the events described above may negatively affect the use of the Data, the results obtained there from, or the software environment and data used by the User.
6. Limitation of Liability
6.1. To the extent permitted under applicable law and subject to clause 6.4, neither CONCERTO nor any of its affiliates, agents or licensors shall be liable to the User or anyone else for any loss or injury or damage whether such loss, injury or damage were foreseeable, known or otherwise, and for contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering Data.
6.2. To the extent permitted under applicable law and subject to clause 6.4, in no event will CONCERTO or any of its affiliates, agents or licensors be liable to the User or anyone else for any conclusions derived from, any decision made or any actions taken by the User or anyone else based on the use of the CONCERTO website and/or Data.
6.3. To the extent permitted under applicable law and subject to clause 6.4, neither CONCERTO nor any of its affiliates, agents and licensors shall be liable to the User or anyone else for any damages whatsoever (including, without limitation: any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort [including without limitation negligence], contract or otherwise) even if advised of the possibility of such damages.
6.4. Nothing herein excludes or limits the liability of CONCERTO or any of its affiliates, agents or licensors (i) for fraud, (ii) for death or personal injury caused by negligence, or (iii) which may not be excluded or limited under applicable law.
6.5. Neither CONCERTO nor any of its affiliates, agents and licensors shall be liable for damages resulting from 'force majeure', riot, acts of war, epidemics, natural disasters, or other events over which they have no control, (including, without limitation, strikes, lock-outs, traffic disruptions, orders by governmental authorities in Germany or abroad), or as a consequence of technical problems, such as IT disruptions, for which they are not at fault. The term 'force majeure' shall also include computer viruses or intentional attacks by 'hackers' on IT systems, provided that reasonable security systems were in place to avert damage from such attacks.
7. Intellectual Property
7.1. The User acknowledges and accepts that the entire content on the CONCERTO website, the Data and the files containing Data are, and shall remain, the property of CONCERTO and/or its licensors and that they are protected by copyright and/or other intellectual property laws and/or unfair competition or misappropriation laws. Such content may only be used in accordance with these Conditions of Use and. Any unauthorized use is strictly prohibited.
7.2. All trade names, trademarks, service marks and other product and service names and logos on the CONCERTO website used are proprietary to their respective owners and are protected by applicable trademark laws. Any of the trademarks, service marks or logos (collectively, the 'Marks') displayed on the CONCERTO website may be registered or unregistered marks of CONCERTO or others. Nothing contained in the CONCERTO website may be construed as granting any license or right to use any of the Marks displayed here without the express written permission of CONCERTO or the owner of such Marks. Any unauthorized use of the Marks is strictly prohibited.
7.3. The indices and the respective index values, constituents, methodologies and all other subsets or elements of these indices are proprietary to their respective owners and are protected by copyright, patents, trademark law, data base rights and/or other intellectual property rights, as the case may be. Nothing contained in the CONCERTO website may be construed as granting any license or right to use any index, in its entirety, or any element or subset of such index, without entering into a license agreement with CONCERTO.
8. Personal Data
9. Invalidity / No Waiver
9.1. If any provision in these Conditions of Use is invalid or unenforceable under the applicable law, the remaining provisions will continue in full force and effect.
9.2. The failure of CONCERTO 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.
10. Applicable Law
These Conditions of Use, the User's use of the CONCERTO website and of the Data, and all actions contemplated by these Conditions of Use shall be governed by the laws of Germany, without regard to the choice of or conflicts of law principles, as if these Conditions of Use were a contract wholly entered into and wholly performed within Germany.
11.1. Any dispute in connection with these Conditions of Use shall be submitted to the exclusive jurisdiction of the courts residing in Frankfurt, Germany. Provided, however, that nothing herein shall prevent CONCERTO from bringing any action against the User at the User's domicile.
11.2. Regardless of clause 11.1, CONCERTO shall be entitled to request injunctive relief (incl. preliminary measures) regarding the use of Data by the User at the national (or multinational) court(s) where the User uses Data or where CONCERTO' rights shall be enforced.