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DOWJONES INDEXES
Please note that effective after the close of business on Friday, September 13, 2013, Platts,
the energy information business of McGraw Hill Financial and a premier source of price assessments
for the energy market, will begin offering price data in replacement of the Dow Jones U.S. Electricity
and Dow Jones European Indices. As a result, as of September 13, 2013, S&P Dow Jones Indices will no
longer be providing LCG Consulting any data and the associated Sales Agency Agreement dated April 8,
2002 will terminate.
Notwithstanding such termination, to help ensure a seamless transition, Platts will provide LCG
Consulting replacement price data for a transition period for redistribution to LCG downstream end
users. If a downstream end user wishes to receive ongoing access to Platts’ price data, any such
downstream end user receiving the data through LCG services must put in place a direct subscription
agreement with Platts.
Platts will follow-up in the near future to provide a direct contact at Platts to provide LCG
downstream users so you may further discuss the process of obtaining a direct subscription agreement.
USER AGREEMENTS
LCG Consulting has the permission to distribute the Dow Jones Electricity Price Indexes at EnergyOnline.com on an annual subscription basis. Subscribers agree to receive and use the indexes, the Dow Jones Content, in accordance with the following terms and conditions:
DOW JONES CONTENT. The following Dow Jones energy indexes shall constitute the Dow Jones Content:
- California-Oregon Border Price Index
- Four Corners Index
- Mead/Marketplace Index
- Mid-Columbia Energy Index
- Palo Verde Index
DISCLAIMER. The User acknowledges and agrees that the Dow Jones Content,
the contents therein, are provided on an "as is", "as available" basis and
Dow Jones or LCG Consulting does not make any and hereby specifically
disclaims any representations, endorsements, guarantees, or warranties,
express or implied, including, without limitation, any of merchantability,
fitness for a particular purpose, title, or non-infringement of intellectual
property rights.
LIMITATION OF LIABILITY. Dow Jones and LCG Consulting will not be liable (jointly or severally) to users, or any third party, for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the "Excluded Damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if Dow Jones or LCG Consulting has been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy.
PROPRIETARY RIGHTS. The User acknowledges and agrees that: Dow Jones is the sole owners of the Dow Jones Intellectual Property; and LCG Consulting is the sole owners of EnergyOnline.com (except for the Dow Jones Intellectual Property). The User is prohibited from any copyright infringement of the Dow Jones Content in its use of the EnergyOnline Service.
TERM. The term of this Agreement will become effective on the date the user logs on the Dow Jones Contents and will continue for the entire subscription period.
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