Merrill Lynch, Pierce, Fenner, & Smith
(1) Proprietary Notice
Merrill Lynch, Pierce, Fenner & Smith Incorporated and its affiliates (“BofAML”) indices and related information, the name “Bank of America Merrill Lynch”, and related trademarks, are intellectual property licensed from BofAML, and may not be copied, used, or distributed without BofAML’s prior written approval.
(2) Authorized Use
Licensee may create and distribute, transmit, license (offer to sell or sell), or display/perform, in reports and other materials that Licensee prepares for its customers, information comparing the Licensee’s performance to an Index; along with an immaterial amount of Index Data (such as general characteristics and performance of the Index or specific segments of the BofA Merrill Lynch Index), but not to include Bloomberg Data, unless otherwise permitted by Bloomberg, provided that Licensee includes materially the following language in such report or material:
Source BofA Merrill Lynch, used with permission. BOFA MERRILL LYNCH IS LICENSING THE BOFA MERRILL LYNCH INDICES AND RELATED DATA “AS IS,” MAKES NO WARRANTIES REGARDING SAME, DOES NOT GUARANTEE THE SUITABILITY, QUALITY, ACCURACY, TIMELINESS, AND/OR COMPLETENESS OF THE INDICES OR ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM, ASSUMES NO LIABILITY IN CONNECTION WITH THEIR USE, AND DOES NOT SPONSOR, ENDORSE, OR RECOMMEND [Licensee], OR ANY OF ITS PRODUCTS OR SERVICES.
(3) No Warranties
The Licensor’s products have not been passed on as to their legality or suitability, and are not regulated, issued, endorsed, sold, or promoted by BofAML. BOFAML MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO THE INDICES, INDEX DATA, ANY RELATED DATA, ITS TRADEMARKS, OR THE PRODUCT(S) (INCLUDING WITHOUT LIMITATION, THEIR QUALITY, ACCURACY, SUITABILITY AND/OR COMPLETENESS).
