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Legal Notice

THIS WEBSITE IS PROVIDED BY DEUTSCHE BANK AG LONDON (AS FURTHER DESCRIBED IN CLAUSE 12) ON ITS OWN BEHALF AND ON BEHALF OF ANY MEMBERS OF THE DEUTSCHE BANK GROUP OF COMPANIES FROM TIME TO TIME (TOGETHER “DEUTSCHE BANK”) WHICH MAY BE RESPONSIBLE FOR THE WEBSITE’S CONTENT AND ANY OF THE GOODS AND SERVICES (INCLUDING FINANCIAL INSTRUMENTS) PROVIDED THROUGH IT (TOGETHER “THE WEBSITE”).

WHERE YOU (“USER”) USE THIS WEBSITE ON BEHALF OF YOUR EMPLOYER OR AN ORGANISATION (“CLIENT”), YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORISED BY SUCH EMPLOYER OR ORGANISATION TO ACCESS AND USE THE WEBSITE AND TO AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“WEBSITE TERMS”) ON THEIR BEHALF. IN SUCH CIRCUMSTANCES EXCEPT WHERE EXPRESSLY PROVIDED TO THE CONTRARY “CLIENT” SHALL REFER TO USER AND CLIENT JOINTLY AND SEVERALLY.

IF YOU HAVE NOT BEEN AUTHORISED TO USE THIS WEBSITE YOU MUST EXIT IMMEDIATELY.

Access and Use Obligations
1. The Website is password protected and User will be assigned user verification data which may include user names, passwords, smartcards, secure ID tokens, tokens, security slips and cryptographic keys (“User Verification Data”) to permit access to and use of the Website.
2. User agrees and will procure that User Verification Data will be kept strictly confidential
3. Client (excluding User) will develop and/or maintain adequate security procedures to
  1. ensure that User Verification Data will not be disclosed to any persons (including, without limitation, those involved in the provision of aggregation services) other than such of its authorised representatives who have been authorised by Deutsche Bank to use the Website and
  2. prevent access to the Website by all other persons.
4. Client will not interrupt or attempt to interrupt or impair the operation of the Website in any way.
5. Access to the Website from any location or jurisdiction other than the locations and jurisdictions (if any) designated at the time of assignment of the relevant User Verification Data or as otherwise agreed with Deutsche Bank from time to time is prohibited.
6. Client is responsible for all uses of User Verification Data and for any acts or omissions during such use (including, without limitation, the entry into any transactions) and Deutsche Bank shall be entitled to treat any access to or use of the Website (including without limitation the entry into any transactions) as having been duly authorised by Client regardless of whether or not it was effected on its behalf by an authorised representative.
7. Client will promptly notify Deutsche Bank:
  1. of any loss or theft of User Verification Data;
  2. if it believes the confidentiality of any User Verification Data has been compromised; and
  3. of any actual or threatened unauthorised use of User Verification Data or the Website.
8. Client will comply with any security procedures specified by Deutsche Bank and, if access to the Website is through a third party server, any security procedures specified by that third party.
9. Client shall be solely responsible for providing and maintaining any equipment and software and for making all appropriate arrangements with any telecommunications suppliers or, where access to the Website is provided through a third party server, any such third party, necessary in order to obtain access to the Website. Deutsche Bank makes no representation or warranty as to the suitability or otherwise of any such equipment, software or arrangements.
10. Client will not use, or allow the use of, the Website
  1. in contravention of any laws, regulations or rules of any regulatory authorities to which Client is subject;
  2. in any way (including without limitation posting information on the Website where this facility is available) which is defamatory, obscene, abusive, indecent or menacing or which infringes any intellectual property rights or breaches obligations of confidence or which is otherwise illegal or unlawful;
  3. to introduce a software virus or other disruptive program or do any act which would cause the Website to become unavailable for use by others;
  4. to solicit or encourage other Internet websites to frame or hypertext link direct to the Website without the prior written consent of Deutsche Bank; or
  5. in any way which is not authorised by Deutsche Bank or in breach of the Website Terms or other agreement with Deutsche Bank.
11. User acknowledges that the Website is provided for use only by User on terms that Client is a commercial/trade organisation and User warrants and represents that User is not acting as a consumer. Deutsche Bank and, by accepting the Website Terms, User each agrees to opt-out of the following sections of the UK Electronic Commerce Regulations 2002: Article 9 (1), 9 (2), 9 (3) and 11.
Grant of Rights and Access to Website
1. Deutsche Bank grants Client a revocable, non-exclusive, non-transferable, limited right to access, use and display the Website in accordance with these Website Terms.
2. Deutsche Bank may revoke or vary such licence and/or change, suspend, terminate, restrict or discontinue the Website (or any part) or any goods, services, information, features or functions accessible by means of the Website at any time without notice or liability.
3. Client acknowledges that the Website may contain audit software.
Intellectual Property Rights
1. The Website may incorporate third party data, text, images, software, multi-media materials and other content (“Third Party Content”) and references to the term “Website” shall be taken to include all materials, content and services made available from time to time on the Website whether viewed on screen or downloaded to another computer including without limitation Third Party Content.
2. The Website is protected by copyright, database rights and other intellectual property rights. Client acknowledges that Deutsche Bank and/or third parties retain all right, title and interest in and to the Website. Use of the Website does not confer any ownership rights in the Website. The permissions contained in these Website Terms do not necessarily apply to Third Party Content. For permitted use of Third Party Content apply to the relevant content owner.
3. All data, text, images, software, multi-media materials and other content provided by Client to Deutsche Bank via the Website (“Contributions”) shall become the property of Deutsche Bank. Client assigns with full title guarantee all rights, title and interest (including copyright, database and other intellectual property rights) in and to the Contributions to Deutsche Bank and agrees to do all acts necessary to perfect and maintain Deutsche Bank’s title in Contributions. Except where expressly provided to the contrary or as otherwise required by law Deutsche Bank shall not be subject to any obligations of confidentiality regarding Contributions.
4. Except as otherwise specifically agreed in writing or to the extent necessary for Client to view the Website in accordance with these Website Terms, Client shall not:
  1. copy the Website in whole or in part (except to make backup copies solely for disaster recovery purposes);
  2. display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, time-share, lend or transfer or in any way exploit the Website in whole or in part;
  3. embed the Website into other products;
  4. use the Website in any timesharing arrangement;
  5. create function calls or other embedded links from any software program to the Website;
  6. remove or obscure any copyright notice of Deutsche Bank or any of its suppliers;
  7. use any trademarks, service marks, domain names, logos, or other identifiers of Deutsche Bank or any of its third party suppliers; or
  8. save to the extent permitted under by law, reverse engineer, decompile, disassemble, or access the source code of the Website.
5. Use of the Website may require the distribution of cryptographic technology which is subject to export controls or restrictions. Client will not re-distribute or re-export such cryptographic technology without:
  1. the prior written consent of Deutsche Bank;
  2. Client’s compliance with all applicable export laws; and
  3. Client’s compliance with the laws of the country of destination or use.
No Advice or Recommendations

Except as otherwise specifically agreed in writing or as provided in any other terms and conditions applicable to transactions conducted between Client and Deutsche Bank through the Website (i) nothing on this Website is an offer which can be accepted by Client so as to create contractual obligations without further action by Deutsche Bank; (ii) Deutsche Bank provides no advice with respect to the use of the Website (including, without limitation, regarding the execution of transactions or any legal, tax or accounting advice or advice regarding the suitability or profitability of a security, investment or transaction by means of the Website); and (iii) the Website provides general information only; it is not intended as financial advice or as an offer, solicitation or recommendation of securities or other financial products and Client should obtain independent financial advice that addresses its particular investment objectives, financial situation and needs before making investment decisions.
Disclosure of positions

Deutsche Bank and its respective officers and employees may from time to time deal in, be represented on the board of, hold significant long or short positions, or act as market-makers, advisors, brokers, commercial and/or investment bankers in relation to any institutions, financial instruments or derivatives thereof which may be discussed in the Website.
Data Protection
1. In relation to the operation of this Website, the data controller for the purposes of data protection legislation is Deutsche Bank AG London. Any queries about the use of personal data by Deutsche Bank in connection with the Website should be referred to the Data Protection Officer, Deutsche Bank AG, Winchester House, 1 Great Winchester Street, London EC2N 2DB or alternatively Deutsche Bank AG London can be contacted by phone on +44 (207) 545-8000, or by e-mail to deutsche.bank@db.com.
2. Deutsche Bank may collect, use and disclose personal data about User, including personal data User may voluntarily disclose to Deutsche Bank in any manner, so that Deutsche Bank can
  1. carry out its obligations under these Website Terms;
  2. carry out its everyday business activities and dealings with Client or User;
  3. compile statistical analysis of the pages of the Website visited;
  4. monitor and analyse its business;
  5. participate in crime prevention, legal and regulatory compliance;
  6. market and develop other products and services;
  7. transfer any of Deutsche Bank�s rights or obligations under these Website Terms; and
  8. process User�s personal data for other related purposes.
3. Deutsche Bank will not obtain or require disclosure of sensitive personal data (such as ethnic origin, religion or medical records) but if User chooses to provide such sensitive personal data, Deutsche Bank may assume such sensitive data is provided with the consent of the User for processing for the purposes for which such personal data was provided, unless otherwise notified by User to Deutsche Bank in writing.
4. Deutsche Bank will not disclose any personal data it collects about User to third parties except:
  1. to the extent that it is required to do so by any applicable law or regulation;
  2. where there is a duty to the public to disclose;
  3. where Deutsche Bank�s legitimate business interests require disclosure; or
  4. at User�s request or with User�s consent; or
  5. to persons described in sub-clause (e) below.
5. Deutsche Bank may disclose personal data about User to those who provide services to Deutsche Bank or act as Deutsche Bank's agents, to any person to whom Deutsche Bank transfers or proposes to transfer any of its rights or obligations under these Website Terms and to licensed credit reference agencies or other organisations that help Deutsche Bank and others make credit decisions and reduce the incidence of fraud or in the course of carrying out identity, fraud prevention or credit control checks.
6. User has certain rights of access to some or all of the personal data Deutsche Bank collects and holds about User at the time of request, or to have inaccurate information corrected, under applicable data protection laws. If User wishes to exercise such rights he or she should contact Deutsche Bank in writing, and may be requested to provide further information to assist Deutsche Bank in complying with such request.
7. Deutsche Bank may also transfer personal data collected and held about User to any country, including countries outside the European Economic Area which may not have data protection laws, for any of the purposes described in this clause 6. By accepting these Website Terms, User consents to such transfer.
8. Deutsche Bank may record or monitor telephone conversations and email correspondence between User and Deutsche Bank for security, compliance with the law, regulations or internal Deutsche Bank requirements , or for training purposes and to maintain and improve the quality of Deutsche Bank services.
9. Deutsche Bank may use cookies or IP address tracking devices on the Website to administer the Website, store password and usernames, to monitor visits to pages on the Website on this and other occasions from the User's terminal, to personalise the Website service to the Client and to track and facilitate browsing through the Website. A cookie is a piece of data stored on User�s hard drive containing information about the User relating to the use of the Website. IP addresses may be linked to User�s personal data and by tracking these addresses, Deutsche Bank would be obtaining such personal data. Access to the Website is conditional on acceptance by User of any cookies and IP address tracking devices described in and for the purposes explained in this clause. By accepting the Website Terms, User acknowledges that User understands the broad nature of cookies and IP address tracking devices and the purposes for which they will be used by Deutsche Bank.
Disclaimer of Warranties
1. THE WEBSITE IS PROVIDED “AS IS” AND DEUTSCHE BANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING:
  1. THE CURRENCY, ACCURACY OR COMPLETENESS OF THE WEBSITE;
  2. THE RESULTS TO BE OBTAINED BY CLIENT OR ANYONE ELSE FROM THE USE OF THE WEBSITE; AND
  3. ANY THIRD PARTY CONTENT ACCESSIBLE ON OR THROUGH THE WEBSITE.
2. DEUTSCHE BANK IS NOT UNDER ANY OBLIGATION TO UPDATE ANY CONTENT OR OPINIONS CONTAINED IN ANY RESEARCH OR OTHER REPORT OR CONTINUE TO OFFER SUCH REPORTS REGARDING ANY COMPANY OR FINANCIAL INSTRUMENT. QUOTES, NEWS, CORPORATE ACTIONS AND OTHER MARKET INFORMATION DATA SHOWN ON THE WEBSITE IS PROVIDED AS SPECIFIED AND MAY BE CURRENT AS AT CLOSE OF BUSINESS THE PREVIOUS DAY, REAL TIME OR DELAYED. WHERE SUCH MATERIAL IS DELAYED IT SHALL BE DELAYED BY AT LEAST 15 MINUTES.
3. EXCEPT TO THE EXTENT REQUIRED BY LAW DEUTSCHE BANK, INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES OR SUB-CONTRACTORS: (1) DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS AS TO QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (2) DOES NOT WARRANT THAT THE WEBSITE, ANY CONTENT (INCLUDING ANY THIRD PARTY CONTENT), GOODS AND SERVICES OFFERED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE, THE SERVERS FROM WHICH IT IS MADE AVAILABLE OR ANY CONNECTED WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
1. USE OF THE WEBSITE IS AT CLIENT’S OWN RISK AND CLIENT ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF OR ACCESS TO THE WEBSITE.
2. EXCEPT IN THE CASE OF WILFUL MISCONDUCT, FRAUD OR NEGLIGENCE RESULTING IN DEATH OR PERSONAL INJURY DEUTSCHE BANK, INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES OR SUB-CONTRACTORS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OR CLAIM OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF
  1. CONTENT, ACCURACY, COMPLETENESS OR OTHERWISE OF MATERIALS, OPINIONS OR INFORMATION CONTAINED ON THE WEBSITE, INCLUDING LINKS AND THIRD PARTY CONTENT;
  2. ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE;
  3. USE OF OR ACCESS TO THE WEBSITE;
  4. CLIENT’S INABILITY TO ACCESS OR USE THE WEBSITE FOR ANY REASON;
  5. ANY FAILURE BY THE WEBSITE TO TRANSMIT, OR ANY DELAY IN THE TRANSMISSION OR THE RECEIPT BY DEUTSCHE BANK OF ANY INSTRUCTIONS, ANY REJECTION OR NON-EXECUTION OF ANY INSTRUCTIONS OR ANY FAILURE OF THE WEBSITE TO TRANSMIT, OR ANY DELAY IN THE TRANSMISSION OR THE RECEIPT BY THE CLIENT OF ANY NOTIFICATION THAT ANY INSTRUCTIONS HAVE OR HAVE NOT BEEN EXECUTED;
  6. ANY BREACH OF ITS CONTRACTUAL OBLIGATIONS ARISING UNDER OR IN CONNECTION WITH THESE WEBSITE TERMS; OR
  7. ANY REPRESENTATIONS, STATEMENT OR TORTIOUS ACT OR OMISSION INCLUDING NEGLIGENCE OR ANY BREACH OF STATUTORY DUTY ARISING UNDER OR IN CONNECTION WITH THE WEBSITE TERMS.
3. TO THE FULL EXTENT PERMITTED BY LAW, DEUTSCHE BANK SHALL NOT BE LIABLE FOR ANY
  1. LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS,
  2. LOSS OF BUSINESS OR GOODWILL,
  3. LOSS OF OR DAMAGE TO DATA,
  4. INCIDENTAL OR SPECIAL LOSS,
  5. WASTED OR LOST MANAGEMENT TIME, OR
  6. INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM CLIENT’S USE OF OR ACCESS TO THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
4. DEUTSCHE BANK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE UNDER THESE WEBSITE TERMS SHALL BE LIMITED TO THE SUM OF £10000 (TEN THOUSAND POUNDS STERLING).
5. NOTHING IN THESE WEBSITE TERMS EXCLUDES OR LIMITS DEUTSCHE BANK’S LIABILITY FOR FRAUD OR FOR PERSONAL INJURY OR DEATH CAUSED BY DEUTSCHE BANK’S NEGLIGENCE.
6. DEUTSCHE BANK WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATION UNDER THESE WEBSITE TERMS OR FROM ANY DELAY IN THE PERFORMANCE THEREOF, DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING INDUSTRIAL DISPUTES OF ANY NATURE, ACTS OF GOD, ACTS OF A PUBLIC ENEMY, ACTS OF GOVERNMENT, FAILURE OF TELECOMMUNICATIONS, SABOTAGE, PESTILENCE, TERRORISM, LIGHTNING OR ELECTRO-MAGNETIC DISTURBANCES, EARTHQUAKE, FLOOD, FIRE OR OTHER CASUALTY.
Indemnification

Client will indemnify and keep indemnified Deutsche Bank, and its respective directors, officers, employees and agents, fully and effectively (to the fullest extent permitted by law) from and against any and all claims, actions, demands, proceedings, losses, liabilities, damages, costs and expenses (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by Deutsche Bank arising out of or relating to (directly or indirectly):
Links

The Website may contain links to other websites which are not controlled by Deutsche Bank and contain material produced by independent third parties. The owners of any such linked websites do not necessarily have any relationship, commercial or otherwise, with Deutsche Bank. The existence of a link from the Website to any third party website does not constitute a recommendation or other approval by Deutsche Bank of such website its content or any provider thereof. Any opinions or recommendations expressed on third party websites are those of the relevant provider and are not the opinions or recommendations of Deutsche Bank. Deutsche Bank accepts no responsibility for content provided on any website that may be accessed through links on the Website.
Termination
1. These Website Terms may be terminated by Deutsche Bank or Client for any reason at any time.
2. Following termination of these Website Terms Client shall, on request, promptly return to Deutsche Bank or destroy any content (including Third Party Content) or other materials provided by Deutsche Bank or made available on the Website. At Deutsche Bank’s request Client will certify in writing the return or destruction of all such materials.
3. Unless otherwise expressly provided:
  1. on termination of these Website Terms Client’s permission to access the Website ceases immediately;
  2. termination of these Website Terms shall have no effect on any transactions previously executed through the Website which shall continue to be governed by these Website Terms and shall not negate any action required by any party to complete or implement any transaction which is entered into prior to such termination
4. Without prejudice to clause 11(c) above, any access of the Website by Client following the termination of these Website Terms shall again be deemed to be subject to these Website Terms.
5. Clauses 1(j), 3(b), 3(c), 6, 7, 8, 9, 11 and 13 to 20 (inclusive) of these Website Terms shall survive the termination of these Website Terms for any reason.
Corporate and Contact Details
1. The Website is provided by Deutsche Bank AG London, a branch of Deutsche Bank AG, whose branch registration number in England and Wales is BR000005 and whose branch address is Winchester House, 1 Great Winchester Street, London EC2N 2DB. Deutsche Bank AG London can be contacted by phone on +44 (207) 545-8000, or by e-mail to deutsche.bank@db.com.
2. Deutsche Bank AG is regulated by the Financial Services Authority for the conduct of designated investment business in the UK (FSA Number 150018) and a member of the London Stock Exchange and is a stock corporation domiciled in Frankfurt am Main HRB No. 30 000 District Court of Frankfurt am Main.
3. The VAT registration number for Deutsche Bank AG London is GB 243 6097 61.
Security

Client acknowledges and accepts that any services provided through this Website involve transmissions over the Internet and that such transmissions are therefore subject to the Internet’s inherent risks. Whilst Deutsche Bank acknowledges its responsibility to take reasonable security precautions, Client also acknowledges and accepts that, as with any network, Client may also be exposed to unauthorised invasions of privacy during, or as a result of, using the Website, system-threatening viruses and other unauthorised and invasive programs transmitted by third parties, eavesdropping and electronic trespassing, fraud and forgery and/or the failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information. Although Deutsche Bank and its suppliers’ privacy and security features are designed to reduce these risks, Deutsche Bank cannot guarantee their elimination. Client therefore acknowledges that no transmission via the Website shall be deemed confidential and that Deutsche Bank shall not be liable for any breach of confidence arising as a result of such event.
Assignment, Subcontracting and Delegation

These Website Terms are for the benefit of Deutsche Bank and the members of the Deutsche Bank AG Group of companies, their successors and assigns. Deutsche Bank may assign or transfer any of its rights under these Website Terms. Deutsche Bank may delegate or subcontract the performance of any obligation under these Website Terms.
Amendments

Deutsche Bank may vary or amend these Website Terms at any time. Any amendments to these Website Terms will be displayed on the Website or otherwise communicated to Client and Client will be deemed to have accepted such amendment if it continues to access or use the Website.
Other Agreements

In the event of any inconsistency between these Website Terms and any master or other specific agreement between Client and Deutsche Bank relating to the particular product or services traded or offered through the Website that other agreement shall prevail.
No Waiver

No failure or delay on the part of Deutsche Bank in exercising any right or remedy under these Website Terms shall operate as a waiver of, or impair, any such right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other rights or remedies. No waiver of any right or remedy shall be deemed a waiver or modification of any other right or remedy under these Website Terms.
Partial validity

If at any time any provision of these Website Terms is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of any other provision of the Website Terms.
Contracts Rights of Third Parties

Subject to the benefits of Deutsche Bank group companies and employees, directors, agents and sub-contractors of Deutsche Bank expressly reserved in these Website Terms, a person who is not a party to this agreement has no right (including under the Contracts (Rights of Third Parties) Act 1999) to enforce any term of the Website Terms, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Governing Law and Jurisdiction

These Website Terms are governed by and shall be construed in accordance with the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

Deutsche Bank AG London
Version: November 2002

Deutsche Bank Securities Inc., a subsidiary of Deutsche Bank A.G. conducts investment banking and securities activities in the United States.
Deutsche Bank Securities Inc. is a member of NYSE, NASD and SIPC.
U.S. offices are affiliated with Deutsche Banc Securities Inc., an indirect subsidiary of Deutsche Bank A.G. Non-US offices are subsidiaries or associates of Deutsche Bank AG.

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