TERMS OF USE APPLICABLE TO INDIVIDUALS AND ENTITIES ACCESSING VISTA MDX DATA
YOU REPRESENT THAT:
YOU ARE ACCESSING VISTA MDX DATA (AS DEFINED HEREIN) ON BEHALF OF PERSON(S) (WHICH MAY INCLUDE INDIVIDUALS, ENTITIES AND YOURSELF, ALL OF WHOM ARE JOINTLY AND SEVERALLY REFERRED TO AS THE “USER”) WHO INTEND TO USE THE INFORMATION SOLELY IN THE MANNER AND FOR THE PURPOSES PERMITTED UNDER THESE TERMS OF USE; AND
YOU HAVE THE AUTHORITY TO ACCEPT THESE TERMS OF USE ON BEHALF OF THE USER AND TO BIND THE USER TO THESE TERMS OF USE.
The User acknowledges that third parties (the “Disclosing Parties”) are making certain data (the “Disclosing Parties' Data”), including loan level borrower data (“Loan Level Data”), available to Vista Index Services® (“Vista”) for the purpose of facilitating the computation of indices (the “Index Data”) that may be used for a range of investment purposes. The User acknowledges that it has no ownership or other proprietary interest in the Disclosing Parties' Data or the Index Data (collectively the “Vista MDX Data”).
The User is permitted to retrieve, copy and use (collectively, “Use”) the Vista MDX Data solely for its internal purposes related to: (i) User's potential investment in or marketing of financial products; and (ii) research and analytics based (in whole or in part) on Vista MDX Data (collectively, the “Internal Purpose”). As part of the Internal Purpose, the User is permitted to Use the Vista MDX Data to: (i) derive data from Vista MDX Data; (ii) create products that incorporate Vista MDX Data or data derived therefrom (such derived data and products, “Derived Products”); and (iii) disseminate Derived Products to third parties.
The User is prohibited from using Vista MDX Data for any purpose not expressly permitted in these Terms of Use. Without limiting the preceding sentence, the User is prohibited from: (i) modifying or altering Vista MDX Data in any manner; (ii) using Vista MDX Data, any Derived Product, or any data distributed by the Disclosing Parties to identify any individual or any sensitive information related to that individual; (iii) using Vista MDX Data to link to other loan level data or borrower information (whether publicly available or not) for the purpose of discerning an individual's identity.
The User is prohibited from using any Vista MDX Data (in whole or in part) or any Derived Products in conjunction with artificial intelligence applications from any other source, artificial intelligence chatbots, auto-generative systems or similar language processing tools such as ChatGPT, Google Gemini or similar tools (collectively, “Third-Party AI Platforms”): (i) to train any artificial intelligence or machine learning algorithms, engine or system, neural network or similar system (collectively, “AI Models”); or (ii) in the development of any such External AI Models, except as expressly permitted by Vista. Notwithstanding the foregoing, the User may use the Vista MDX Data (and the Loan Level Data included therein) and/or Derived Products: (i) within reactive machines developed by the User for internal business purposes only; and (ii) within Third-Party AI Platforms solely in connection with data retrieval-based AI Models (i.e. retrieval augmented generation).
The Disclosing Parties and Vista have endeavored to make Vista MDX Data reasonably accurate but do not guarantee Vista MDX Data is complete, error free or suitable for any particular purpose, including the Internal Purpose. Use of Vista MDX Data is entirely at User's own risk. Disclosing Parties and Vista will have no liability to the User or any third party for, or arising out of, or related to Vista MDX Data or any Derived Products. VISTA MDX DATA IS PROVIDED ON AN “AS IS”, AS AVAILABLE BASIS, AND THE DISCLOSING PARTIES AND VISTA EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT THERETO, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE DISCLOSING PARTIES OR VISTA OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS WILL CREATE A WARRANTY.
All Vista products are provided for your information purposes only, without regard to your specific investment objectives, financial situation or particular needs, and shall not be construed as a solicitation, offer or recommendation to buy or sell any securities, investment or other financial instruments, to affect any transactions or to conclude any legal act of any kind whatsoever.
Any non-licensed use of Vista MDX Data for the purpose of issuing financial instruments referencing any Vista MDX Data, entering into financial contracts or financial instruments referencing any Vista MDX Data, determining the amount payable of a financial instrument or a financial contract by referencing any Vista MDX Data or measuring the performance of an investment fund using any Vista MDX Data for the purpose of tracking the returns is expressly prohibited except as provided for under a separate license agreement from Vista.
These Terms of Use will be governed by the laws of the State of New York, without regard to conflicts of law rules that might cause the substantive laws of another jurisdiction to govern.
