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Pass-through Terms

S&P Third Party Source/Licensor Pass-Through Terms.

1. If the Services and/or license include any of the S&P UBS Leveraged Loan Indices:

Notwithstanding anything to the contrary in the agreement, UBS Securities LLC shall be a third-party beneficiary to the terms and conditions of the agreement.

2. If the Services and/or license include any indices that include CME Crypto Futures as index constituents:

a) Subscriber/Licensee understands and acknowledges that any index that is calculated based, in whole or in part, on the CME crypto futures data (the “CME Information”) provided by CME Group, Inc. (“CME”).

b) Subscriber/Licensee agrees that it shall not modify, adapt, reverse engineer, deconstruct, or decompose the Index, into a format that is, resembles or otherwise acts as substitute for, the CME Information provided by CME in the construction of the Index.

c) Subscriber/Licensee acknowledges all intellectual property rights in the CME Information used to construct the Index shall reside with CME and or its licensors.

d) Subscriber/Licensee acknowledges that it has no rights to the CME Information, including with respect to the intellectual property rights.

e) Subscriber/Licensee must maintain all records and provide all information to meet S&P DJI’s record keeping, reporting and payment obligations to CME.

f) Unless otherwise required by applicable law or regulation, Subscriber/Licensee agrees that in addition to any other remedy, S&P DJI may immediately suspend or terminate distribution of the Index to Subscriber/Licensee upon 90 days’ notice (or sooner if the Agreement between CME and S&P DJI is itself terminated) if S&P DJI is required by CME to do so for any reason, or as otherwise agreed between the parties in writing on a case by case basis to minimize potential market disruption and/or ensure orderly wind down of any financial products based on the Index.

g) Subscriber/Licensee shall not use the “CME” trademark in connection with the rights granted under the agreement, including, without limitation, in the name of any financial product based on the Index.

h) Without limiting the terms and conditions of the agreement, for the avoidance of doubt, Subscriber/Licensee shall not use the Index as the basis of futures, options on futures or a similar derived financial product to a futures contract or options on futures contract.