Terms and Conditions

Acceptance

Thomas Murray Network Management Limited, a company registered in England and Wales (Registration number 3313014) whose registered office is at Baker Haines Watts, Holbrook Court, Cumberland Business Centre, Northumberland Road, Portsmouth PO5 1DS ("Thomas Murray®") permits you to access and use its web site located at the URL "www.marketsselect.com" in accordance with these terms and conditions ("Terms and Conditions").

By using the Web Site, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access or use the Web Site. If you are uncertain, contact us at +44 (0)20 7830 8300.

Changes to the Terms and Conditions

Any changes which Thomas Murray® makes to these Terms and Conditions will be effective immediately upon notice being posted on the Web Site.

Intellectual Property

Thomas Murray® owns the intellectual property rights comprised within the Web Site and its contents, including Thomas Murray's® "Market Infrastructure Risk Ratings", "Securities Market Service", "Depository Service", methodologies, questionnaires, templates, documents and proprietary scoring systems ("Thomas Murray® Material").

You may download to screen and use the Thomas Murray® Material for your personal non-commercial use only. Save for this, you may not re-publish, sell, license, transfer, copy, reproduce, distribute or post any of the Thomas Murray® Material without Thomas Murray's ® prior written consent.

Prohibited Use

In accessing and using the Web Site you may not:

• remove any copyright or trade mark notices in the Thomas Murray® Material;

• modify, translate, decipher, decompile, disassemble or reverse engineer any of the software comprised in the Web Site;

• reproduce, store and/or copy the Thomas Murray® Material except that you may store transient copies on your system for the purpose of using the Web Site.

Links to our Site

You will not link to any part of the Web Site other than the Home Page without our prior written consent. Any link to any part of our Web Site (including to our Home Page) shall refer to the Web Site as being the Thomas Murray® Web Site.

Third Party Sites

Thomas Murray® may offer links to third party web sites ("Third Party Site(s)") from the Web Site. You acknowledge and agree that Thomas Murray® is not responsible for the availability of such Third Party Sites and is not responsible or liable for any content or services available from such Third Party Sites.

You should check the privacy policy and terms and conditions of use of Third Party Sites accessible from our Web Site.

Our Obligation

Thomas Murray® will use commercially reasonable endeavours to maintain the functionality of the Web Site and prevent breaches of security.

No Warranty

The Web Site and the Thomas Murray® Material is provided to you "AS IS". Whilst reasonable care has been taken in the preparation of the Web Site Thomas Murray® does not warrant that the information contained on it is accurate.

Right to Modify

Thomas Murray® may at any time for legal or technical reasons without notice to you to:

• remove any Thomas Murray® Material; and/or

• suspend, restrict or alter the operation of the Web Site or the Web Site services.

Your Obligations

You agree that you:

• will use this Web Site in accordance with these Terms and Conditions and will comply with all applicable laws and regulations;

• will not use the Web Site or the Web Site services:

  • to distribute any material that is offensive or unlawful;

  • to send or distribute multiple e-mails or messages ("Spam");

  • except where used in connection with the typical indexing activities of a search engine or directory, to use any robot, spider or other device to monitor or copy the web pages or content of the Web Site without Thomas Murray's® prior written consent;

  • to transmit software viruses ;

  • to do anything which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure;

  • to use or attempt to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site and/or Web Site services or servers or networks connected to the Web Site;

Privacy

If you use the services available on this Web Site Thomas Murray® will collect personal information about you. Please read the Privacy Policy for full details.

Exclusion and Limitation of Liability

To the extent permitted by law Thomas Murray® excludes all liability to you for:-

• any failure to maintain the functionality of the Web Site or supply the Web Site Services or otherwise in connection with the Web Site and/or the Web Site Services [which is for a reason beyond its reasonable control.]; and

• indirect loss, including economic loss, loss of goodwill or reputation and loss of data.

  Except for liability for death or personal injury arising as a result of the negligence of Thomas Murray® its employees, suppliers, agents or subcontractors, Thomas Murray's® liability to you or otherwise in any 12 month period will be limited to a sum equal to the charges paid by you in that 12 month period in connection with accessing the Web Site and/or using the Web Site Services.

General

These Terms and Conditions form the entire agreement between you and Thomas Murray® with respect to your use of this Web Site.

If any part of these Terms and Conditions are held by a court of competent jurisdiction to be unenforceable, the remaining Terms and Conditions will not be affected.

A person who is not a party to these Terms and Conditions shall have no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 ("Act") to enforce any term of these Terms and Conditions or the equivalent in any other jurisdiction. This clause does not affect any remedy of any person which exists or is available otherwise than pursuant to the Act.

These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the High Court of England and Wales except that, if urgent interim injunctive or declaratory relief is sought, Thomas Murray® may commence court proceedings against you in any appropriate jurisdiction.