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S&P, ITS AFFILIATES, AND THEIR RESPECTIVE THIRD PARTY LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE INDEX VALUES,
INCLUDING ANY INFORMATION OR DATA CONTAINED THEREIN OR THE RESULTS OBTAINED BY THEIR USE OR THE PERFORMANCE THEREOF. NONE OF S&P,
ITS AFFILIATES, OR THEIR RESPECTIVE THIRD PARTY LICENSORS GUARANTEES THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDEX VALUES
OR ANY COMPONENT THEREOF OR OF ANY COMMUNICATIONS WITH RESPECT THERETO. NONE OF S&P, ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY
LICENSORS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS, OR DELAYS IN THE INDEX VALUES.
THE INDEX VALUES AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND LICENSEE’S USE AND LICENSEE’S CUSTOMERS’ USE OF THE INDEX
VALUES IS AT THEIR OWN RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL S&P,
ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSS, LOST TIME OR GOODWILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. NONE OF S&P, ITS AFFILIATES OR THEIR RESPECTIVE THIRD
PARTY LICENSORS SHALL BE LIABLE (EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8 BELOW) FOR ANY CLAIMS AGAINST LICENSEE OR LICENSEE’S CUSTOMER(S) BY THIRD PARTIES.
IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF S&P, ITS AFFILIATES, OR THEIR RESPECTIVE THIRD PARTY LICENSORS UNDER THIS AGREEMENT,
REGARDLESS OF THE FORM(S) OF ACTION, EXCEED THE FEES PAID BY LICENSEE TO S&P HEREUNDER FOR THE INDEX VALUES IN QUESTION IN THE YEAR SUCH LIABILITY
IS ALLEGED TO HAVE ARISEN. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS AGREEMENT,
MAY BE BROUGHT BY LICENSEE MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

・The Dow Jones Industrial Average and the Dow Jones U.S. Select Sector Indices are proprietary to and distributed by DJI Opco, LLC, a subsidiary of S&P Dow Jones Indices LLC, and have been licensed for use. Standard & Poor’s and S&P are registered trademarks of Standard & Poor’s Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones Industrial Average and the Dow Jones U.S. Select Sector Indices c S&P Dow Jones Indices LLC.

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