Terms and Conditions

The Data may be used solely by You for internal purposes only. You
shall keep Your password (if any is provided to You) confidential.
You may not share Your password with any other person. You may not
resell or otherwise transfer or allow the use of the Data, or any
part thereof, directly or indirectly, by or for the benefit of,
any other person or organization. You agree to treat the Data as
proprietary to WVB and that You will keep the information
contained in the Data strictly confidential. You agree to take all
steps reasonably necessary (or requested by WVB) to protect the
rights of WVB. Notwithstanding the foregoing, You may provide
Resultant Information Services to Your clients. For purposes of
this provision, “Resultant Information Service” shall mean a
service or product provided by You which (i) contains information
derived from the Data (e.g., by application of formulas,
algorithms, or the exercise of human judgment), but which does not
provide a mechanism for computing or reproducing the Data, or (ii)
contains reasonable excerpts of the Data that constitute a
nonmaterial portion of the Data. In this connection, portions of
the Data comprising 25% or more of the Data items for one point in
time or portions of the Data cumulatively comprising 25% or more
of a complete time series for a single Data item will not be
regarded as “nonmaterial,” whether such portions have been
provided to single or multiple clients and prospective clients and
whether or not such portions have been so provided on one or
multiple occasions. WVB reserves the right to determine, in its
sole discretion, the materiality of portions of the Data
comprising less than 25% of the Data items.

2 Notwithstanding the foregoing, You will not use or permit use of
the Data to verify or correct data in any other compilation of
data or index. Also, unless WVB has, in writing, authorized You to
do so, You shall not use or permit anyone else to use the Data or
any portion thereof in connection with the writing, creating,
marketing or promotion of any financial instruments or products,
including, but not limited to, funds, synthetic or derivative
securities (e.g., options, warrants, swaps, and futures), whether
listed on an exchange or traded over the counter or on a private
placement basis or otherwise (except as expressly provided herein)
or to create any indices (custom or otherwise).

You may download Data for Your personal use, subject to the terms
and conditions of this Agreement. You may not, however, without
the written permission of WVB, (i) copy any component of the Data
(including, without limitation, to a mainframe central processing
unit), (ii) alter, modify or adapt any component of the Data,
including but not limited to translating, decompiling,
disassembling or creating derivative works, or (iii) make any
component of the Data available to any other person or
organization directly or indirectly, for any of the foregoing or
for any other use, including, without limitation, by loan, rental,
service bureau, external time sharing or similar arrangement.

You further agree to reproduce on all copies of the Data
authorized by WVB (all of which shall be the property of WVB) all
copyright, proprietary rights and restrictive legends appearing on
the original copy of the Data.

You acknowledge that in the event of a breach by You of the
provisions of this Section II, WVB will suffer irreparable injury
not compensable by money damages for which WVB will not have an
adequate remedy at law and therefore WVB shall be entitled (in
addition to money damages) to injunctive or other equitable relief
to prevent or curtail any breach thereof, threatened or actual.

WVB may monitor Your use of the WVB Web Site. You acknowledge that
any transmission by You through the WVB Web Site (a
“Communication”) (i) is voluntary and not confidential, (ii) may
be read or intercepted by others, and (iii) may be shared with
WVB, its affiliates, subsidiaries and controlling entities of WVB
throughout the world. You acknowledge that by submitting
Communications to WVB, no confidential, fiduciary, contractually
implied or other relationship is created between You and WVB other
than pursuant to and in accordance with this Agreement. By
transmitting Communications through the WVB Web Site, You hereby
grant to WVB, its affiliates, subsidiaries and controlling
entities a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such
Communications, in all media now known or hereafter developed. You
hereby waive all rights to any claim against WVB, its affiliates,
subsidiaries and controlling entities for any alleged or actual
infringements of any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution in connection
with such Communications.

You hereby agree to comply with all applicable laws, rules and
regulations (including, but not limited to, all data protection
regulations and legislation) in Your use of the WVB Web Site.
Without limiting the generality of the foregoing, You hereby agree
to procure all necessary consents, licenses, permits and
authorizations as may be required by any applicable law, rule or
regulation for Your use of the WVB Web Site, including any such
consents, licenses, permits and authorizations for the transfer
and use of personal data to WVB, it affiliates, subsidiaries and
controlling entities, and to provide WVB with evidence that such
consents, licenses, permits and authorizations have been obtained.

You acknowledge that in the event You are using a link to a web
site external to the WVB Web Site or external to any other service
provided by WVB, You understand that You are visiting a site that
is unconnected to any WVB Web Site and is not operated or
controlled by WVB. The availability of the link does not mean that
WVB, or its directors, members, officers or employees endorses the
information provided therein, makes any recommendation,
representation or warranty with respect thereto or accepts any
liability whatsoever, in respect of the linked web site that You
visit or any information provided therein.

Access to the WVB Web Site is provided at no charge. Certain
sections are provides at a charge and can either be accessed by
subscription or pay as you go.

You will pay all federal, state, and local sales, personal
property, ad valorem, and other taxes of a similar nature (but not
including WVB’s income taxes) arising as a result of this
Agreement.

Either You or WVB may terminate this Agreement upon notice.

Upon termination of this Agreement for any reason, You shall
destroy or return to WVB all copies of the Data in the Your
possession.

WVB reserves the right, at its sole discretion, to change, modify,
add, terminate or remove any portion of this Agreement, in whole
or in part, at any time. Notification of changes in this Agreement
will be posted on the WVB Web Site from time to time at which time
You will be given an opportunity on behalf of Yourself to accept
the Agreement as revised or discontinue access to, and use of, the
WVB Web Site. Company also reserves the right, at its sole
discretion, to change, suspend or discontinue parts or all of the
WVB Web Site at any time without prior notice or liability, or to
impose limits or restrict Your access to parts or all of the
Service at any time without prior notice or liability or to impose
charges for use of the WVB Web Site.

The Data is for information only, and is not an offer or
recommendation to buy or sell or a solicitation of an offer to buy
or sell any security or instrument or to participate in any
particular trading strategy. ALTHOUGH WVB SHALL OBTAIN INFORMATION
FOR INCLUSION IN OR FOR USE IN THE CALCULATION OF THE DATA AND
INDEXES FROM SOURCES WHICH WVB CONSIDERS RELIABLE, NEITHER WVB,
ITS AFFILIATES NOR ANY OTHER PARTY INVOLVED IN THE COMPILATION OF
THE INFORMATION GUARANTEES THE ACCURACY AND/OR THE COMPLETENESS OF
THE INDEXES OR ANY DATA INCLUDED THEREIN. THE DATA IS PROVIDED TO
YOU ON AN “AS IS” BASIS. NEITHER WVB, ITS AFFILIATES NOR ANY OTHER
PARTY INVOLVED IN THE COMPILATION OF THE DATA MAKES ANY
REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE DATA (OR THE RESULTS TO BE OBTAINED BY THE USE
THEREOF), AND WVB EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED
WARRANTIES OF ORIGINALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY
AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK
OF ANY USE YOU MAY MAKE OF THE DATA AND ACKNOWLEDGE THAT DATA
FIELDS MAY NOT BE CONSISTENT THROUGHOUT THE DATA. IN NO EVENT
SHALL WVB, ITS AFFILIATES OR ANY OTHER PARTY INVOLVED IN THE
COMPILATION OF THE DATA, BE LIABLE TO YOU OR ANY OTHER PARTY FOR
ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR INABILITY TO USE THE
DATA, REGARDLESS OF THE FORM OF ACTION, EVEN IF WVB HAS BEEN
ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF
SUCH DAMAGES.

Except as set forth in Paragraph 6.2, You agree to indemnify and
hold harmless WVB, its affiliates and subsidiaries and their
respective directors, officers, employees and agents from and
against any claims, losses, damages, liabilities, costs and
expenses, including reasonable attorneys’ fees and costs, as
incurred, arising in any manner out of Your or any third party’s
use of, or inability to use, the Data or any breach by You of any
provision contained in this Agreement.

WVB agrees to indemnify and hold You harmless from and against
losses, damages, liabilities, costs and expenses, including
reasonable attorneys’ fees and costs, as incurred, arising out of
any claim that WVB does not possess all rights necessary to make
the Data available to You as set forth in this Agreement.