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Index to track general stock market performance.S&P’s only relationship to the Licensee is the licensing of certain trademarks and tradenames of S&P and of the S&P 500 Index which is determined, composed and calculated byS&P without regard to the Licensee or the Notes. S&P has no obligation to take the needs ofthe Licensee or the owners of the Notes into consideration in determining, composing orcalculating the S&P 500 Index. S&P is not responsible for and has not participated in thedetermination of the timing of, prices at, or quantities of the Notes to be issued or in thedetermination or calculation of the equation by which the Notes are to be converted into cash.S&P has no obligation or liability in connection with the administration, marketing or tradingof the Notes.S&P DOES NOT GUARANTEE THE ACCURACY AND/OR THE COMPLETENESS OFTHE S&P 500 INDEX OR ANY DATA INCLUDED THEREIN AND S&P SHALL HAVENO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INTERRUPTIONS THEREIN.S&P MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BEOBTAINED BY LICENSEE, OWNERS OF THE NOTES, OR ANY OTHER PERSON ORENTITY FROM THE USE OF THE S&P 500 INDEX OR ANY DATA INCLUDEDTHEREIN. S&P MAKES NO EXPRESS OR IMPLIED WARRANTIES, ANDEXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTIBILITY OR FITNESSFOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE S&P 500 INDEXOR ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THEFOREGOING, IN NO EVENT SHALL S&P HAVE ANY LIABILITY FOR ANYSPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, (INCLUDINGLOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.3. Nikkei 225 IndexThe Nikkei 225 Index (“Index”) is an intellectual property of Nikkei, Inc. (the “IndexSponsor”). “Nikkei”, “Nikkei Stock Average”, and “Nikkei 225” are the service marks of theIndex Sponsor. The Index Sponsor reserves all the right, including copyright, to the Index.The Notes are not in any way sponsored, endorsed or promoted by the Index Sponsor. TheIndex Sponsor does not make any warranty or representation whatsoever, express or implied,either as to the results to be obtained as to the use of the Index or the figure at which theIndex stands at any particular day or otherwise. The Index is compiled and calculated solelyby the Index Sponsor. However, the Index Sponsor shall not be liable to any person for anyerror in the Index and the Index Sponsor shall not be under any obligation to advise anyperson, including a purchaser or vendor of the Notes, of any error therein.8. PERFORMANCE OF UNDERLYING EQUITY / BASKET OF UNDERLYINGEQUITIES/ REFERENCE FUND / BASKET OF REFERENCE FUNDS,EXPLANATION OF EFFECT ON VALUE OF INVESTMENT AND ASSOCIATEDRISKS AND OTHER INFORMATION CONCERNING THE UNDERLYINGEQUITY / BASKET OF UNDERLYING EQUITIES / REFERENCE FUND / BASKETOF REFERENCE FUNDS15