(Please review the terms and conditions of the Vision agreement.)
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BY USING DST VISION®, OR ANY PART OR FEATURE THEREOF, INCLUDING BUT NOT LIMITED TO VISION PROFESSIONAL ("VISION"), YOU AGREE TO THE LEGAL TERMS AND CONDITIONS AS FOLLOWS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE VISION. The computer systems, procedures, databases, and programs created and maintained by SS&C Technologies contain proprietary confidential information and trade secrets of substantial economic value to SS&C Technologies. Any unauthorized use, misuse, or disclosure of such items or information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law. DST Vision® and Vision® are marks of SS&C Technologies, and no license, assignment, or permission is granted herein, expressly, implied, by estoppel or otherwise to use them, or to use any other mark affixed to the databases accessed via Vision. NEITHER SS&C Technologies NOR THE APPLICABLE MUTUAL FUND OR OTHER PROVIDER OF FINANCIAL PRODUCTS ("FINANCIAL PRODUCTS PROVIDER") MAKES ANY REPRESENTATIONS AND HEREBY EXCLUDES ANY WARRANTY, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR SUITABILITY FOR ANY PURPOSE OF THE INFORMATION ACCESSIBLE VIA VISION, OR ABOUT THE PERFORMANCE OR AVAILABILITY OF VISION, OR ANY DATABASES ACCESSIBLE THROUGH VISION. ALL SUCH INFORMATION, VISION AND ACCESSIBLE DATABASES ARE PROVIDED OR MADE AVAILABLE "AS IS." TO THE EXTENT ALLOWED BY APPLICABLE LAW, SS&C Technologies AND THE APPLICABLE FINANCIAL PRODUCT PROVIDER(S) HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO SUCH INFORMATION, VISION, AND ACCESSIBLE DATABASES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. In no event shall SS&C Technologies, the applicable financial products provider or their affiliates be liable for any actual, special, incidental, direct, indirect, punitive, exemplary or consequential damages or any damages whatsoever arising out of or in connection with the use of Vision, effecting transactions via Vision, the information accessible via Vision, or the reliance thereon, including without limitation, damages arising from the loss of profits, misinformation or the risks of investing in such entities. Neither you nor any user of Vision is a third-party beneficiary to any agreement to which SS&C Technologies or its affiliates are a party, including without limitation, any agreement between SS&C Technologies or its affiliates and a financial product provider. Neither SS&C Technologies nor the applicable financial product providers shall be responsible for, and you shall hold SS&C Technologies and the applicable financial product providers and their affiliates harmless from and against and indemnify SS&C Technologies and the applicable financial product providers for any and all expenses, losses, damages, charges, counsel fees, payments and liability which may be asserted against SS&C Technologies or the applicable financial product providers, or its or their affiliates or for which SS&C Technologies or the applicable financial product providers or its or their affiliates may be liable arising out of or attributable to your failure to comply with the terms and conditions for use of Vision or to your use of Vision. The accuracy, completeness and timeliness of all financial product information provided via Vision are the sole responsibility of the financial product provider(s). The information is not intended to satisfy any compliance or regulatory conditions set forth by any governing body of the securities industry. You are responsible for verifying the accuracy of transactions entered and information as received. During the registration process for Vision, we will provide you with a unique Vision Operator ID ("ID") and provide a path to obtain a password ("Password"). Upon establishing access to Vision, you will be required to choose your own unique ID. Each ID and corresponding Password can only be used by one user with respect to his or her activities on behalf of a particular mutual fund or other financial product (each, a "Financial Product") and must be kept secret. You are solely responsible for the confidentiality and use of your ID and Password and for the confidentiality and use of data, information and communications entered through or obtained from Vision using your ID and Password. You agree to comply with security procedures designed to protect the confidentiality and use of your ID and Password and data, information and communications entered through or obtained from Vision. You agree to notify SS&C Technologies immediately if you become aware of any loss, theft or unauthorized use of your ID or Password and SS&C Technologies reserves the right to delete or change one or both of them at any time and for any reason. SS&C Technologies will permit access to account information and process transactions based upon electronic receipt of your ID and Password. SS&C Technologies shall at all times be authorized to release any data and process transactions upon receipt of such identification, without further inquiry. In no event shall SS&C Technologies be responsible for verifying that the person requesting data is in fact the person to whom such ID and Password has been assigned. If you establish an affiliate ID, you are responsible for ensuring the user is, at all times such ID is in use, an active employee of your organization and authorized to act on your behalf. You agree that quoted rates and yields for the Financial Products about which information is accessible via Vision reflect past performance and do not necessarily indicate future results and that shares of the Financial Products described or referred to are not deposits or obligations of, or guaranteed or insured by, any bank, the Federal Deposit Insurance Corporation, the Federal Reserve Board, or any other agency, are subject to risk, including possible loss of principal, and will fluctuate in value. All financial determinations, including without limitation suitability determinations, are your responsibility, and not that of SS&C Technologies or the Financial Product Providers or their affiliates. In using the accessed information, you agree to abide by all applicable laws and regulations, including without limitation the requirement that you not distribute the accessed information to prospective investors unless it is preceded or accompanied by current prospectuses of the investments being offered. You agree not to alter or modify in any way the accessed information or prints or copies of it. Actual or attempted unauthorized use of Vision may result in criminal and/or civil prosecution. SS&C Technologies reserves the right, but has no duty, to view, monitor, and record activity on Vision without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement or regulatory organizations in connection with investigation or prosecution of possible illegal activity on Vision. SS&C Technologies will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information. You are prohibited from using any links to Vision from any other websites unless establishment of such a link is approved in advance by SS&C Technologies in writing. You may not frame any element of Vision with any other website or access Vision through any device or service designed to provide high-speed, automated and/or repeated access to Vision, unless such device or service is provided or approved in writing by SS&C Technologies. All on-line transactions are subject to all rules, requirements, restrictions and fees as set forth in the prospectus and statement of additional information of the Financial Product Provider. You represent and warrant to SS&C Technologies, the applicable Financial Product Provider and their affiliates that each on-line transaction requested by you, or any information obtained by you, via Vision, is rightful and authorized by the shareholder/Unit Holder or participant whose Financial Product account is affected by a particular transaction or information request. You further acknowledge that this agreement is intended to be, and is, permissive on the part of SS&C Technologies and the applicable Financial Product Provider and not mandatory. SS&C Technologies and the applicable Financial Product Provider may require partial or full documentation before effecting any transaction whenever SS&C Technologies or the Financial Product Provider, in its sole discretion, deem obtaining such documentation to be appropriate or desirable and shall not be liable for any loss due to a delay resulting from such request. Transaction requests electronically transmitted by Users to Vision are routed through Vision and the Internet to the Financial Product Provider�s transfer agency or record-keeping system for processing. You acknowledge and agree that Vision does not process Transactions and a confirmation by Vision that a Transaction has been processed does not mean that the Transaction has been successfully completed by the Financial Product Provider or its transfer agency or other processing agent, but that the Transaction request has been successfully received by Vision and will be routed for input into the Financial Product�s transfer agency or record-keeping system or the NSCC, as applicable. Your use of Vision will involve the transmission of information, including in some instances, personally-identifiable information, about you, your firm and your clients, including without limitation, transaction history, account balances and holdings. You consent to the transmission of such information by electronic means through the Internet and represent that you have obtained all necessary authorizations for such transmissions. You further represent that such consent shall be effective at all times you use Vision. Through Vision, you may obtain access to various documents or analytical tools that contain or generate business, financial and performance information relating to Financial Product Providers and the securities offered by them. Such information is provided by and at the request of such Financial Product Providers and independent third party application providers. SS&C Technologies makes no representations or warranties with respect to the performance or results of such analytical tools or the accuracy or completeness of such information, and the availability of such applications or information through Vision does not constitute any offer to sell, solicitation, recommendation, or other comment, favorable or unfavorable, as to such information or any investment company, issuer or security to which it may relate. SS&C Technologies authorizes you to access only information about a Financial Product, or certain accounts in the Financial Products, if you have the authorization of the Financial Product Provider allowing such access. You will make no deliberate attempt to access any information that you do not have permission to access. If you discover that you have access to information you do not have authority to access, you agree to immediately terminate such access and inform SS&C Technologies at 800-435-4112. Although each Financial Product Provider controls access to information about its Financial Products, SS&C Technologies, as provider of Vision, or the applicable Financial Product Provider, may deny any user access without prior notice whenever either SS&C Technologies or the applicable mutual fund or other financial products in their sole discretion deem it necessary. Users of Vision Professional. By using DST Vision Professionaltm or any part or feature thereof ("Vision Professional"), in addition to the terms and conditions of the Vision site, you agree to the following additional legal terms and conditions: Reports (a)You are solely responsible for any and all content displayed in the User-Controlled Content Areas of reports. (b)You are solely responsible for the legal sufficiency of any disclaimers provided by you and for compliance with all legal and regulatory requirements which may apply to such content within the User-Controlled Content Areas of reports, including, but not limited to copyright, trade secret and intellectual property laws and federal and state securities laws which may apply to the promotion of mutual fund products and securities or other Financial Products, as applicable, electronically and over the Internet. (c)You acknowledge that SS&C Technologies cannot ensure editing or removal of any inappropriate, questionable or illegal content posted to the User-Controlled Content Areas of reports. Accordingly, you agree that SS&C Technologies has no liability for any action or inaction with respect to content posted to or deleted from the User-Controlled Content Areas of reports and you hereby indemnify and hold SS&C Technologies harmless from and against any and all costs, damages and expenses (including attorney�s fees) arising out of the posting of content in the User-Controlled Content Areas of reports. You acknowledge that the source of all account information for statements and report is from one or more third party vendor providers of such information. All statements and reports have been prepared for informational purposes only and do not replace the statement(s) or other record(s) prepared by the party offering the applicable investment product. ALL STATEMENTS AND REPORTS HAVE BEEN PREPARED FROM DATA BELIEVED TO BE RELIABLE BUT SS&C Technologies MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THEIR ACCURACY OR COMPLETENESS AND IS HEREBY DISCLAIMED. In no event shall SS&C Technologies or its affiliates be liable for any actual, special, incidental, direct, indirect, punitive, exemplary or consequential damages or any damages whatsoever arising out of or in connection with the use of Vision Professional, the reports generated via Vision Professional, the information accessible via Vision Professional, or the reliance thereon, including without limitation, damages arising from the loss of profits, misinformation or claims of investors. Governing Law and Jurisdiction Entire Agreement Severability If you are authorized to access myPLANnetwork, and choose to enter the myPLANnetwork site through Vision, by agreeing to the terms and conditions of this Vision agreement, you are also agreeing to the terms and conditions of the SS&C Technologies myPLANnetwork agreement. |
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