MercerInsight MPA™ – Manager Performance Analytics
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1. IMPORTANT DISCLAIMERS
1.1. Country-Specific Disclaimers and Representations
1.1.1. If you are located in the United Kingdom, the following language applies: The Content is intended for corporate and trustee clients only and not for individuals. The Content is provided by Mercer, Chicago, Illinois, USA, which does not view the Content as a Financial Promotion or a Regulated Activity as defined in the UK Financial Services and Markets Act 2000.
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1.2. Performance and Risk Disclaimers
1.2.1. The Content provides information about investment managers and their products together with analytical functionality and is not intended to constitute advice, a recommendation, or an offer to buy or sell a specific fund or investment. By offering the Content to you, Mercer is not acting and has no intention of acting as a broker, dealer or other intermediary in connection with the purchase or sale of any fund, investment or other financial instrument. The information is not intended as a specific recommendation of any particular investment manager. If you are an investment manager or if you are affiliated with an investment manager or become affiliated with an investment manager, your decision to license the Content will not be considered by Mercer in its review, rating, and recommendations of investment managers' products to its clients.
1.2.2. Nothing contained within the Content is intended to convey any guarantees as to the future investment performance of managers or products. In addition, past performance cannot be relied upon as a guide to future performance. The value of your investments can go down as well as up, and you may not get back the amount you have invested. Investments denominated in a foreign currency will fluctuate with the value of the currency. Certain investments, such as securities issued by small capitalization, foreign and emerging market issuers, real property, and illiquid, leveraged or high-yield funds, carry additional risks that should be considered before choosing an investment manager or making an investment decision.
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2.3. Access and Use
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2.3.2 Provided that you have paid the license fee, you may: (i) export data from the Content for internal business purposes only; (ii) supply the results of any analysis or any conclusions drawn from this data, but not the data itself, to third parties; and (iii) provide output or exhibits from the Content to third parties in the form of updates to portfolio and client statements or as reports, presentations or other application. You must include the Mercer logo on the output or identify Mercer as the source of the data, and where applicable and provided that you have obtained redistribution rights from the relevant Service Providers, you must identify Mercer's Service Providers as the source of the data. You may not delete or otherwise alter any references to Mercer or any of its Service Providers from any output or subsequent analysis and presentation.
2.3.3 Unless agreed to in writing by Mercer, you are not permitted to distribute any analysis, conclusions or data from the Content externally in cases where doing so would compete with Mercer's consulting activities, which include, but are not limited to, investment manager selection and investment monitoring. Mercer will determine, at its own discretion, whether your usage competes with Mercer's consulting activities. You may not distribute any data provided by Mercer's Service Providers externally without obtaining a license to do so from the relevant Service Provider.
2.3.4 You must include the following or a substantially similar statement within all presentations to third parties that include or are based upon output from the Content: "Past performance is not a reliable indicator of future performance. You should not rely on past performance to make investment decisions."
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3. WARRANTY DISCLAIMER
3.1. THE CONTENT HAS BEEN PREPARED BASED UPON SOURCES, INFORMATION AND SYSTEMS BELIEVED TO BE RELIABLE AND ACCURATE. THE CONTENT IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. MERCER, ITS AFFILIATES, AND ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS, AND DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND IMPLIED WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS, OR ABILITY TO ACHIEVE A PARTICULAR RESULT. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT. MERCER DOES NOT WARRANT THE USE OF THE CONTENT IN ANY SPECIFIC SITUATION OR FOR ANY SPECIFIC APPLICATION OR THAT THE CONTENT WILL BE ERROR FREE AND ACCESSIBLE AT ALL TIMES. MERCER, ITS AFFILIATES AND ITS SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.
3.2. THE PRESENTATIONS AND OUTPUT DERIVED FROM THE CONTENT MAY BE BASED ON PAST INVESTMENT PERFORMANCE OF INVESTMENT MANAGERS AND PRODUCTS. PAST PERFORMANCE IS NOT A RELIABLE INDICATOR OF FUTURE PERFORMANCE. MERCER AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY RELIANCE ON THIS DATA OR FOR ANY DEVIATION OF AN INVESTOR'S ACTUAL RESULTS FROM THOSE MODELED USING THE CONTENT. MERCER AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES OF ANY KIND AS TO THE ACCURACY OF THE DATA OR ASSUMPTIONS CONTAINED IN OR ENTERED INTO THE CONTENT.
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4. LIMITATION OF LIABILITY
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4.3. If you are located in Australia or have Users located in Australia, the following language applies:
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5. OWNERSHIP OF CONTENT
5.1. This Agreement is not a sale of the Content. You agree and acknowledge that the Content, including, without limitation, data relating to market index levels and returns (the "Index Data"), the algorithms, subroutines, routines, textual and graphical materials, and modules, their arrangement, organization, and methods of interaction, and all related documentation, databases, data formats, output formats, and other aspects thereof and their modifications and enhancements, are confidential and trade secret information that is proprietary to and solely owned by Mercer or its Service Providers (the "Confidential Information"), together with all related copyrights and trademarks, and are also protected under applicable database protection laws. Mercer or its Service Providers (as the case may be) shall retain the exclusive and sole ownership of the Content and Index Data and all related intellectual property rights. Where applicable, the Service Provider is identified within the Content. Other Confidential Information may be revealed to you in the future. You agree to hold all such Confidential Information in strictest confidence. You shall not modify, sell, transfer, or otherwise provide any of Mercer's Confidential Information, in whole or part, in any form to any entity or person who is not a User or an employee of Mercer who needs access to the information to facilitate your licensed use of the Content without Mercer's prior written permission. You shall not create derivative works of, or decompile, disassemble, translate, or otherwise reverse engineer, the Content or Index Data except as expressly permitted by this Agreement and applicable law. Except as required herein with respect to appropriate attributions, you agree not to use Mercer's intellectual property in the press and not to refer to Mercer or attribute any information to Mercer in the press, for advertising or promotional purposes, or for the purpose of informing or influencing any other party, including the investment community, without Mercer's prior written consent. You shall not create or store in electronic form any shared library, data warehouse, archive, cache or frame of the data from the Content. The "Mercer" name and the names of Mercer's products referred to in the Content are Mercer's trademarks. All other product and company names belong to their respective owners. You agree that you shall take no action inconsistent with the foregoing acknowledgement and agreement.
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7. EXPORT/IMPORT RESTRICTIONS AND TARIFFS
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8. TECHNICAL SUPPORT
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9. U.S. GOVERNMENT RESTRICTED RIGHTS
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11.1 Disclosure of conflict of interest. For a copy of the latest conflict of interest statement for Mercer's Investment Consulting business, please visit: www.mercer.com/conflictsofinterest
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11.4 Severability. Headings and captions hereunder are for convenience only and shall not affect the interpretation or construction of this Agreement. If any provision of this Agreement is held to be void, voidable, invalid or otherwise unenforceable, all other provisions shall nevertheless continue in full force and effect to the maximum extent permissible under applicable law.
11.5 Third Party Beneficiaries. You acknowledge that Mercer's Service Providers are intended to be third-party beneficiaries of the provisions of this Agreement, and shall be entitled to enforce its provisions as fully as if parties hereto.
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11.9 Survival. The provisions of the following Sections of this Agreement shall survive any expiration, termination, or rescission of this Agreement: Warranty Disclaimer, Limitation of Liability, Ownership of Content, and Other.
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