Legal information

TERMS OF USE AGREEMENT

This legal information was last updated on March 25, 2010.

PLEASE READ THIS AGREEMENT CAREFULLY. This Terms of Use Agreement ("Agreement") sets forth the terms, conditions, and guidelines for use of this Web site ("Site"), which is provided by Henderson Global Investors ("Henderson", or "we" or "our"), as well as your access and use of the Content (defined below) and services available on or through the Site. It is a legally binding agreement between you, on the one hand, and Henderson on behalf of itself, its affiliates and its third-party suppliers on the other hand. Your use of this Site and the Content (defined below), and any related services, is subject to the terms and conditions provided in this Agreement. Your use of certain services on the Site may also be subject to additional terms posted elsewhere on the Site. If you do not agree with, or otherwise object to, this Agreement, you may not use the Site.

Changes to this Agreement

We reserve the right to modify these terms and conditions at any time, and from time to time, by posting the modified version on the Site, or by otherwise notifying you of such modification. Your use of the Site after such modifications are posted constitutes your acceptance of the new version, inclusive of all changes. If you do not consent to one or more of the modifications, your sole and exclusive recourse is to cease using the Site. You agree that it is your obligation to review this Agreement periodically. If you have questions regarding this Agreement, please contact us at 1.866.4HENDERSON (or 1.866.443.6337) or email through the Contact Us page on this website.

U.S. Users Only

This Site is directed to and intended for use by citizens or residents of the United States only. Users outside the United States access and use this Site at their own risk, and are responsible for compliance with applicable securities and other laws and regulations.

Content

This Site, and all text, images, marks, logos and other materials that appear on the Site (collectively, the "Content"), the arrangement and compilation of such Content, as well as the technology used to provide the Site, are the exclusive property of Henderson or its affiliates or third-party licensors, and we and our affiliates and licensors retain all right, title and interest in and to all of these materials. These materials are protected by U.S. and international copyright and other laws. No right, title or interest in or to the Site or any of the Content is transferred to you by your use of the Site or any Content. The marks, graphics, typefaces, tradenames, and logos appearing on the Site are trademarks or trade dress of Henderson and its affiliates, and all rights are reserved. You may not make any use of such trademarks or trade dress without our prior written permission. Other trademarks used on the Site are the property of their respective owners. We and our affiliates and third-party licensors retain all ownership in, and all goodwill associated with, such Content.

You may access and view the Content only for your own use, and you may copy, download and print limited portions of the Content, provided that you keep intact all copyright and other proprietary notices. This limited license to you is personal, non-transferable, non-exclusive, and conditioned on your continued compliance with this Agreement. All other uses of the Content are expressly prohibited. Except as set forth above, you may not modify, alter, create derivative works from, copy, perform, display, transmit, broadcast, publish, frame, license, distribute, sell or otherwise transfer, any Content, including graphics and html code, from this Site. You may not copy or post the Content for public display. Except as set forth above, neither we nor our affiliates or licensors grant you any rights under copyright, trademark or other laws.

Privacy

Henderson's use of personal information collected on this Site is governed by the terms of our Privacy Statement, which sets forth our sole obligations with respect to user data and privacy. YOU AGREE TO RECEIVE NOTICE OF HENDERSON'S PRIVACY PRACTICES VIA ELECTRONIC MEANS (IN LIEU OF RECEIVING INFORMATION VIA U.S. MAIL OR OTHER COURIER), AND YOU AGREE TO WAIVE ALL CLAIMS RESULTING FROM YOUR FAILURE TO RECEIVE COMMUNICATIONS DUE TO CHANGES IN YOUR E-MAIL ADDRESS OR OTHER COMPUTER FAILURE.

Conduct

Your access and use of the Site, the Content, and any related services are conditioned upon the following requirements:

(1) All information that you provide to us will be true, accurate, current and complete.
(2) You agree to use the Site, the Content, and any related services only for lawful purposes. If you have registered as a Financial Professional, you will not permit any others to use your account for any unlawful purpose.
(3) You may not use (or, if you have registered as a Financial Professional, permit others to use) the Site, any Content, or any related services:
(a) in violation of this Agreement; or
(b) in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority; or
(c) in violation of the rights of any third party; or
(d) in a manner that is tortuous, abusive, intrusive, harassing, libelous, defamatory, obscene, threatening or hateful.
(4) You may not impersonate any person or entity, or misrepresent any affiliation with another person or entity.
(5) If you have registered as a Financial Professional, you remain responsible for all statements made, material transmitted, or other acts or omissions that occur on or through the Site through the use of your password. It is your responsibility to keep your password and other registration information secure. You assume full liability for use of the Site by all persons under your password and registration information, and we DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR PASSWORD AND REGISTRATION INFORMATION SECURE.

Hyperlinks

This Site may contain links that lead to Web sites maintained by other individuals or organizations. Links are provided for your convenience only. We have no control over, do not review, and cannot be responsible for, these outside Web sites or any content on them. Accordingly, we make no representations or warranties regarding such sites or their content. The fact that a link appears to or from our Site does not constitute an endorsement, authorization, sponsorship or affiliation with respect to any such site, the products or services it offers, its owners, or its providers. You agree that you will not hold Henderson or its affiliates liable for any losses or damages you may incur caused by your use of, or reliance on, any content, products or services made available to you through any outside Web site.

Non-Solicitation; No Investment Advice or Recommendations

No Content or related services available on or through this Site shall be considered, and no such materials or services constitute, a solicitation to buy, an offer to sell or advice regarding a security or other financial instrument to any person in any jurisdiction. We make no representations that the Content is appropriate for use in all locations, or that transactions, products, instruments or services discussed are available or appropriate for sale or use in all jurisdictions, or by all parties. Content and any related services are provided for informational purposes only, and you should not construe any Content or related services as investment, tax, financial or legal recommendations or advice by Henderson, or affiliates or our third-party suppliers. You access this Site on your own initiative, and are responsible for compliance with applicable local laws and regulations. You are solely responsible for any actions you take based on or using the Content.

Disclaimer of Warranties

HENDERSON AND OUR AFFILIATES, LICENSORS AND PROVIDERS DO NOT WARRANT OR GUARANTEE THAT USE OF THE SITE OR ANY RELATED CONTENT OR SERVICES WILL BE SECURE, AVAILABLE AT ANY TIME, OR OPERATE WITHOUT INTERRUPTION OR ERROR. HENDERSON DOES NOT WARRANT OR GUARANTEE THAT THIS SITE AND ANY CONTENT DOWNLOADED FROM THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF HENDERSON OR OUR AFFILIATES, LICENSORS OR PROVIDERS WARRANT OR GUARANTEE THAT THE SITE, CONTENT, OR ANY RELATED SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. NONE OF HENDERSON OR OUR AFFILIATES, LICENSORS OR PROVIDERS IS OBLIGATED TO UPDATE ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.

TO THE EXTENT WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THE SCOPE AND DURATION OR SUCH WARRANTIES WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation on Liability

IN NO EVENT WILL HENDERSON OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, AGENTS, LICENSORS OR SUPPLIERS ("COVERED PARTIES") BE LIABLE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER DAMAGES, (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BUSINESS INTERRUPTION, OR LOSS OF PROFITS, REVENUE OR DATA), ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THIS SITE AND THE CONTENT OR ANY RELATED SERVICES, REGARDLESS OF WHETHER BASED ON CONTRACT, TORT ( INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER HENDERSON OR ANY COVERED PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR CONTENT, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The total cumulative liability of Henderson and the Covered Parties arising out of or related to this Agreement and the use of the Site, its Content, and any related services, whether based on contract, tort, warranty, statute or otherwise, will not exceed - five hundred U.S. dollars ($500.00). Applicable law may not allow the exclusion or limitation of certain types of damages, so some of the foregoing may not apply to you.

Indemnification

You agree to indemnify and hold us and the Covered Parties harmless from any claim, demand, loss, liability, cost or expense (including reasonable attorneys' fees) made by any person due to or arising out of use of the Site or any related services by you (or, if you are a Financial Professional, by any user of your password), or any of the following: your (1) violation of this Agreement, (2) violation of any securities laws or regulations, (3) violation of any third-party rights, including (without limitation) infringement of any copyright or violation of any proprietary or privacy right, or (4) if you are a Financial Professional, any of the actions in (1) through (3) that are taken by any user of your password.

Termination

You acknowledge that Henderson reserves the right to modify or cease making the Site or any Content or related services, or any part thereof, available to you, at any time, and from time to time, with or without notice, and without liability to you. We may, in our sole discretion and with or without notice to you, terminate or suspend your ability to access and use this Site if, at any time, we believe that any information provided by you is no longer accurate or current, or if you fail to otherwise comply with this Agreement. This is in additional to any criminal or civil liability that you may incur by such acts or omissions.

Governing Law

By using the Site, you agree that any claim, dispute, or controversy of whatever nature arising out of or relation to this Agreement or your use of the Site will be governed by and construed under the laws of the State of Illinois, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You also agree that any such disputes will be brought exclusively in a court of competent jurisdiction, federal or state, located within the State of Illinois, Cook County, and in no other jurisdiction. You hereby irrevocably consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court.

Miscellaneous

If any provision(s) of this Agreement is found to be contrary to law, then you and Henderson will construe such provision(s), as nearly as possible, to reflect the intentions of the parties, and the other provisions will remain in full force and effect. Our failure to enforce or exercise any right or provision of this Agreement will not constitute a waiver of such right or provision; all waivers by Henderson must be in writing. You and we agree that any cause of action arising out of or relating to the Site or this Agreement must commence within one (1) year after the cause of action arose, or be permanently barred. This Agreement constitutes the complete, final and exclusive agreement between you and us with respect to the subject matter herein, and it supersedes any and all prior or contemporaneous oral or written agreements or understandings. You may not assign this Agreement, or any rights hereunder, or delegate your duties hereunder, to any other party.

Policy for Claims of Infringement of Copyrighted Material

If you believe that material is posted on the Site in a manner that infringes your copyright, please notify us by providing the following information to our Copyright Agent:

(1) A physical or electronic signature of the owner of the allegedly infringed copyright, or such owner's authorized representative;
(2) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are at issue, a list of such works;
(3) A description of the material on the Site that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
(4) The address, telephone number, and, if available, an e-mail address at which you may be contacted;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or permitted by law; and
(6) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Henderson Global Investors is the name under which various subsidiaries of Henderson Global Investors (Holdings) PLC, including Henderson Global Investors (North America) Inc., provide investment products and services.

Henderson's Copyright Agent for notice of claims of copyright infringement is:

Secretary of Henderson Global Investors
737 N. Michigan Ave., Suite 1700
Chicago, IL 60611
tel: 1.866.4HENDERSON (or 1.866.443.6337)
fax: 1.312.915.9134
email us through the Contact Us page on this website

For more information regarding this Agreement, please contact us via e-mail using the Contact Us page on this website or as follows:

Henderson Global Investors
737 N. Michigan Ave., Suite 1700
Chicago, IL 60611
Telephone: 1.866.4HENDERSON (or 1.866.443.6337)
fax: 1.312.915.9134