Index
Provider and License
ICE Data Indices,
LLC (“ICE” or “Index Provider”) is the index provider for the fund’s Underling
Index. ICE is not affiliated with the Trust, the Advisor, The Bank of New York
Mellon, the Distributor or any of their respective affiliates.
The Advisor has
entered into a license agreement with ICE Data Indices, LLC to use the
Underlying Index. All license fees are paid by the Advisor out of its own
resources and not the assets of the fund.
Disclaimers
ICE Data Indices, LLC (“ICE Data”),
is used with permission. “ICE®” is a trademark of ICE Data
Indices, LLC or its affiliates and BofA® is a registered trademark of Bank
of America Corporation licensed by Bank of America Corporation and its
affiliates (“BofA”) and may not be used without BofA’s prior written approval.
These trademarks have been licensed, along with the ICE BofA BB-B Non-FNCL
Non-Distressed US HY Constrained Index (“Index”), for use by the Advisor in
connection with Xtrackers USD High Yield BB-B ex Financials ETF (the “Product”).
Neither the Advisor, Trust nor the Product, as applicable, is sponsored,
endorsed, sold or promoted by ICE Data Indices, LLC, its affiliates or its Third
Party Suppliers (“ICE Data and its Suppliers”). ICE Data and its Suppliers make
no representations or warranties regarding the advisability of investing in
securities generally, in the Product particularly, the Trust or the ability of
the Index to track general stock market performance. ICE Data’s only
relationship to the Advisor is the licensing of certain trademarks and trade
names and the Index or components thereof. The Index is determined, composed and
calculated by ICE Data without regard to the Advisor or the Product or its
holders. ICE Data has no obligation to take the needs of the Advisor or the
holders of the Product into consideration in determining, composing or
calculating the Index. ICE Data is not responsible for and has not participated
in the determination of the timing of, prices of, or quantities of the Product
to be issued or in the determination or calculation of the equation by which the
Product is to be priced, sold, purchased, or redeemed. Except for certain custom
index calculation services, all information provided by ICE Data is general in
nature and not tailored to the needs of the Advisor or any other person, entity
or group of persons. ICE Data has no obligation or liability in connection with
the administration, marketing, or trading of the Product. ICE Data is not an
investment advisor. Inclusion of a security within an index is not a
recommendation by ICE Data to buy, sell, or hold such security, nor is it
considered to be investment advice.
ICE DATA AND ITS
SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR
IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE, INCLUDING THE INDEX, INDEX DATA AND ANY INFORMATION INCLUDED IN,
RELATED TO, OR DERIVED THEREFROM (“INDEX DATA”). ICE DATA AND ITS SUPPLIERS
SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITY WITH RESPECT TO THE ADEQUACY,
ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDEX AND THE INDEX DATA, WHICH ARE
PROVIDED ON AN “AS IS” BASIS AND YOUR USE IS AT YOUR OWN RISK.
Shares of the fund are not
sponsored, endorsed or promoted by Cboe BZX Exchange, Inc. (“Cboe”). Cboe makes no representation or
warranty, express or implied, to the owners of the shares of the fund or any
member of the public regarding the ability of the fund to track the total return
performance of the Underlying Index (the “Underlying Index”), or the ability of
the Underlying Index to track stock market performance. Cboe is not responsible
for, nor has it participated in, the determination of the compilation or the
calculation of the Underlying Index, nor in the determination of the timing of,
prices of, or quantities of shares of the fund to be issued, nor in the
determination or calculation of the equation by which the shares are redeemable.
Cboe has no obligation or liability to owners of the shares of the fund in
connection with the administration, marketing or trading of the shares of the
fund.
Cboe does not guarantee the accuracy
and/ or the completeness of the Underlying Index or any data included
therein. Cboe makes no warranty, express or
implied, as to results to be obtained by the Trust on behalf of the fund as
licensee, licensee’s customers and counterparties, owners of the shares of the
fund, or any other person or entity from the use of the Underlying Index or any
data included therein in connection with the rights licensed as described herein
or for any