Terms of Use

You are accessing a portion of Nomura's web site that is provided on a limited, by invitation-only basis in order to permit access to certain general information regarding the Nomura QES Modelled Private Equity Returns Index (the "PERI")(referred to as the "Site").

Your use and access to the Site is subject to the "Terms of Use." By accessing and/or using the the Site, you accept and agree:

1. to be bound by the Terms of Use;
2. that you are a "qualified institutional buyer," or QIB, as such term is defined under the U.S. securities laws, or an "institutional account" as defined by FINRA rules and regulations (meaning the account of: (a) a bank, savings and loan association, insurance company or registered investment company; (b) an investment adviser registered either with the SEC under Section 203 of the Investment Advisers Act or with a state securities commission (or any agency or office performing like functions); or (c) any other person (whether a natural person, corporation, partnership, trust or otherwise) with total assets of at least $50 million as of the date hereof (whether such assets are invested for such person's own account or under management for the account of others); and
3. that you will not share the information provided on the Site or any communication containing a link to the Site to any person or entity in any jurisdiction or country where such distribution or use may be contrary to law or regulation or which would subject Nomura (or its affiliates) to any registration, publication or notice requirement. Nomura reserves the right to require proof of residence from any user accessing the Site.

Neither accessing the Site nor retrieving information from the Site will cause you to become a client of Nomura or any of its affiliates.

If you do not agree to these Terms of Use, you must immediately cease using the Site. In addition to, and not in lieu of, any other right of Nomura, you agree that, without notice and for any or no reason, Nomura may terminate, suspend, or change the nature of the Site or your access to it. Certain sections or pages on the Site may contain separate terms and conditions or disclaimers, which are in addition to these Terms of Use. In the event of a conflict, those terms and conditions or additional disclaimers will govern for those sections or pages.

1. Use of the Site. 1.1 Nomura is providing access to the Site in order for you to access certain information about the PERI. The Site contains content and documentation owned by Nomura and/or licensed by Nomura for use on the Site (the "Content"). You acknowledge and agree that the Site is the intellectual property of Nomura or Nomura's licensors or service providers, and may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Nomura, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on any Content or materials on the Site. 1.2 Your use of the Site is conditioned on your continued compliance with these Terms of Use. You shall neither permit others to access the Site nor redistribute any information or material made available through the Site to others. You will be solely responsible for the provision of hardware (e.g., a computer system or mobile device), software, and data network connectivity (e.g., Internet, cellular data or WiFi connection) capable of accessing the Site. The Site is provided on an "as is" and "as available" basis at your sole risk, and may be restricted, interrupted, withdrawn, varied, terminated, discontinued, suspended or updated by us at any time without prior notice or liability. Nomura shall not be responsible for any loss of data or any loss, damage or impairment to your computing device and will in no event be responsible for any charges relating to or liabilities arising out of the use of your computing device. In the event of an error or failure of the Site, as your sole and exclusive remedy and in lieu of any other remedy hereunder at Nomura's option, Nomura may elect to provide an error correction, bug fix, or replacement of the Site, but any such error correction, bug fix, or replacement shall be provided pursuant to the same terms set forth in these Terms of Use including the warranty disclaimers and limitations of liability below. 1.3 During use of the Site, you agree not to: (a) upload, post, email, transmit or otherwise make available any content (i) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment related to the Site or any third party's computer, wireless device, or data stored thereon, or (ii) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity, including, but not limited to, a Nomura customer, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) access any Content that you do not have the right to receive under applicable law, rule or regulation or in a manner inconsistent with these Terms of Use; and/or (d) use automated or robotic means to access or scrape information available through the Site, or to interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including using any device, software or routine to bypass our robot exclusion techniques or access control procedures. 1.4 While reasonable care has been taken to ensure that the information and material made available through the Site is not untrue or misleading at the time of publication, no representation, warranty or undertaking, expressed or implied, is made and no responsibility or liability is accepted by any member of Nomura nor its directors, officers and employees as to the accuracy, timeliness, completeness, suitability, merchantability or fitness for a particular purpose of such information and material or their distribution or for the results obtained from the use of such information and material.
2. No advice. You expressly acknowledge and agree that the information and material made available through the Site do not constitute accounting, financial, investment, legal, tax or other professional advice, and should not be relied upon as such. The information and material made available through the Site are provided to you because you have requested access to them and they are not intended for investors who are unfamiliar with the type of information made available on the Site. The Site has been designed for informational purposes only. Nothing on the Site constitutes a solicitation or offer by Nomura or its affiliates to buy or sell any securities or financial instruments or provide investment advice or investment services. Neither Nomura nor any of its affiliates intend to provide investment advice through the Site and they make no representation regarding any securities or financial instruments. If you are in doubt as to any aspect of the information or material made available through the Site, you should consult a stockbroker or another licensed securities dealer, a financial adviser, a solicitor, an accountant or other professional advisers. Investors are responsible for making their own investment decisions. The information and material made available through the Site should not be considered as the only factor in making such investment decisions and, as such, such information and material should not be viewed as identifying or suggesting all risks, direct or indirect, that may be associated with any investment decision. Nomura and its directors, officers and employees do not act as adviser nor assume any fiduciary responsibility or liability for any consequences (financial or otherwise) arising from the execution of any transactions referenced as part of the Site.
3. Informational Purposes Only; No Offer or Solicitation. 3.1 The information on the Site is for informational purposes only and is not intended as an offer, advertisement, recommendation or solicitation for the purchase or sale of any particular financial instrument but rather constitutes generic, non-product specific information relating to certain proprietary indices. 3.2 the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law. Not all functionalities and services on the Site are available in all geographic areas. 3.3 the Site, parts thereof and the information contained herein do not constitute, or form part of, any offer or invitation to sell, allot or issue, or any solicitation of any offer to purchase or subscribe for any securities in any jurisdiction, nor shall the Site or any part of it, the information contained herein or the fact of provision of access to the Site, form the basis of, or be relied upon in connection with, or act as an inducement to enter into, any contract or commitment whatsoever with respect to any securities.
4. Promotion, Offering or Sale of Index Linked Products Subject to Restrictions 4.1 You acknowledge and understand that potential investors may not be able to gain exposure to all indices displayed on the Site. The promotion, offering or sale of financial instruments linked to particular indices may be: (a) prohibited in certain jurisdictions by applicable law; (b) only available to be promoted, offered or sold only through restricted means (e.g., offered by way of a private placement and/or by certain registered distributors); and/or (c) only available to a limited group of investors (e.g., institutional/ professional/ sophisticated investors (howsoever defined in any given jurisdiction)).
5. Indemnification. You agree to indemnify Nomura, its affiliates, and their respective officers, directors and employees, against any and all liability, claims, demands, proceedings, damages, costs, charges, and expenses which such indemnified party may incur or sustain, directly or indirectly, arising out of or relating to: (i) your breach of these Terms of Use or applicable laws, rules or regulations; or (ii) your use of the Site or any information or material made available through it.
6. Privacy Policy; Data Protection. You acknowledge and agree that as part of your use of the Site, you may be asked to provide information about yourself or your business. This section sets forth Nomura's Policy in relation to the collection, storage and use of your personal and business information that may be collected, tracked or monitored through the Site. We reserve the right to modify these policies at any time. Though we are not contractually obligated to provide notice to you of any changes, we will endeavor to provide you with updates to the policies of this section. You also agree that other services provided by Nomura that you may have access to through the Site may be subject to other privacy policies, which are available by accessing such services. Your use of such other services is subject to the terms and conditions and privacy policies related thereto. (a) In order for you to access and use the Site, we may collect certain information about you and may monitor your usage of the Site, including details of information accessed and frequency of access. We may store or cache certain resources or cookies on your computing device. You agree that we may use the information collected for the following purposes: (i) to facilitate your access to the Site, (ii) to analyse the frequency and use of the Site by users, (iii) for internal compliance reasons including legal and regulatory requirements, and industry or internal standard practices, (iv) for further development of the Site and other marketing, sales and relationship purposes, (v) the transfer of any of our rights and obligations under or in connection with these Terms of Use, and (vi) generally to carry out our obligations under these Terms of Use or any other agreements to which we are a party. (b) You expressly agree that in accepting these Terms of Use, we may transfer any information collected from you to the following parties (wherever they are located) in relation to any of the purposes set out in the paragraph above: (i) any agents, contractors or third party service providers who provide services to Nomura in relation to its operations and business; (ii) any proposed or actual transferee of our business or part thereof, and/or of our rights and obligations under these Terms of Use; (iii) any legal, regulatory or other entity of competent jurisdiction, and any person or entity to whom we are under an obligation to disclose information pursuant to a binding legal obligation; (iv) any entity or person who has undertaken to us to keep the information confidential; and/or (v) any affilaites of Nomura. (c) We will comply with all laws and regulations applicable to our collection, retention and use of information pertaining to you, and we shall take all practicable steps to ensure that any information collected from you is protected against unauthorized or accidental access, erasure or use.
7. Hyperlinks. The Site may contain links to third party websites which are not controlled by Nomura and contain material produced by independent third parties. Such links, if any, are provided for your convenience. The owners of such third party websites do not necessarily have any relationship, commercial or otherwise, with Nomura. The existence of a link in the Site to any such third party websites does not constitute a recommendation, endorsement or other approval by Nomura of such third party websites, or their respective content or provider. Any opinions or recommendations expressed on such third party websites are those of the relevant third parties and are not the opinions or recommendations of Nomura. Nomura assumes no responsibility for the accuracy, completeness, timeliness, suitability or legality of the content of any such third-party sites, or for any products or services that might be offered therein.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOMURA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE "NOMURA RELATED PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOMURA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. (b) THE NOMURA RELATED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (vi) THE SITE WILL NOT CAUSE ANY DAMAGE OR DEGRADATION IN OPERATION (INCLUDING, WITHOUT LIMITATION, THE DRAINING OF BATTERY LIFE) OR SERVICE OF YOUR COMPUTING DEVICE. ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE CAUSED THEREBY. 8.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NOMURA RELATED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY WAY FROM YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 6 MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF THE NOMURA RELATED PARTIES, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS SHALL BE LIMITED TO U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. Other Terms and Conditions and Amendments. We may revise these Terms of Use at any time, but will use reasonable efforts to provide you with notice of such changes. Any revision and/or addition to these Terms of Use shall become effective and binding on you when you continue to use the Site on or after the effective date of such revision and/or addition. Therefore, you should review these Terms of Use each time you access the Site. We are entitled to prescribe from time to time the form of notice and the mode of communication with respect to each type of notice to be given pursuant to these Terms of Use.
10. Term and Termination. We may terminate your access to the Site at any time. Upon such termination, you agree that you will no longer access the Site. Notwithstanding such termination, you will continue to be bound by these Terms of Use to the extent that they relate to any of your obligations or liabilities which remain to be performed or discharged.
11. Governing Law and Jurisdiction. Users of the Site shall be bound by all applicable laws of the United States and the internal laws of the State of New York, without giving effect to principles of conflicts of law. Users agree to submit to the jurisdiction of the State and Federal Courts located in New York City, Borough of Manhattan, for any action or proceeding relating to the Terms of Use, and expressly waives any objection it may have to such jurisdiction or the convenience of such forum.
12. Miscellaneous Terms. These Terms of Use constitute the entire agreement between you and Nomura and governs your use of the Site, superseding any prior version of this Terms of Use. You also may be subject to additional terms and conditions that may apply when you use other Nomura services, affiliate services, third-party content or third-party software. The failure of Nomura to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Each provision of this Agreement is independent and severable from the remaining provisions and enforceable accordingly. If the provisions contained in this Agreement shall be adjudged by any court of competent jurisdiction to be unreasonable, invalid or otherwise unenforceable, such provisions or parts thereof shall (for that relevant jurisdiction or particular case) be deleted or modified, as the court of competent jurisdiction may decide or require, and the remaining provisions of such restrictions shall continue to take effect. To the extent permissible under applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.