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Viewfinder® Terms of Use

Your role in maintaining the security and privacy of information in Viewfinder

We are committed to maintaining the security and privacy of information in Viewfinder, and you play an important role in helping us meet this obligation. Never reveal your username or password to anyone. Change your password regularly and use a different password than you use for other applications. Make it difficult for others to guess your password by using a combination of letters and numbers in your password. If you think someone knows your password, change it right away.

Terms and Conditions
Last updated on September 25, 2006.
By accessing any area of Viewfinder you acknowledge this notice, you accept and agree to be bound by and comply with these Terms. If you do not accept these Terms, do not use the Viewfinder Site.

Please read the following Terms and Conditions carefully. These Terms and Conditions, as amended from time to time by RBC Dexia Investor Services, governs your access to, and use of , the Viewfinder® web channel.

VIEWFINDER® TERMS AND CONDITIONS

The following are the terms and conditions (these "Terms and Conditions"), which govern the use of the Viewfinder® web channel by clients and their respective authorised representatives and agents (each hereinafter referred to as the "Client") of RBC Dexia Investor Services Trust and its affiliates (collectively "RBC Dexia"). These Terms and Conditions constitute an agreement between the Client and RBC Dexia.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Binding agreement
The Client is a client of RBC Dexia who is making available to the Client the services offered through Viewfinder®. The Client wishes to access and make use of the services offered through Viewfinder®, which access and use may only be granted if the Client accepts and agrees to these Terms and Conditions. You represent that you are authorised to access Viewfinder® on behalf the Client for the specific purposes and services for which you are accessing it and that you are authorised to accept these Terms and Conditions on behalf of the Client. After reviewing these Terms and Conditions carefully, you should indicate acceptance by the Client by clicking the button labelled "OK" or by pressing "Enter" to complete the login process. You will not be allowed to access Viewfinder®, or make use of any services through Viewfinder®, until you have manifested assent to these Terms and Conditions on behalf of the Client by clicking on the "OK" button or by pressing "Enter" to complete the login process. If the Client does not wish to accept these Terms and Conditions, you should not click on the "OK" button nor press "Enter" to complete the login process. Instead, click on the button labelled "Cancel" and exit this site.

These Terms and Conditions and the services accessible through Viewfinder® may be changed from time to time by RBC Dexia by posting such changes to Viewfinder®, without further notice to the Client. You should check the Revision Date to ensure you have reviewed the most recent version of these Terms and Conditions. Your acceptance, on behalf of the Client (by clicking on the "OK" button or pressing "Enter" to complete the login process), will constitute an on-going acceptance of and agreement to these Terms and Conditions, as they may be amended from time to time by RBC Dexia. If at any time the Client does not wish to continue to accept these Terms and Conditions, the Client should notify RBC Dexia and cease using Viewfinder®, otherwise the Client will be deemed to have accepted these Terms and Conditions at all times.

Your responsibility for confidentiality, privacy, and security

In order to access the services offered through Viewfinder®, you must login by entering your Corporate ID, User ID and password. The Client agrees that the foregoing access procedure is reasonable and accepts such access procedure. The Client will be fully responsible to protect against the unauthorised use of any Corporate IDs, User IDs, passwords, and similar security information as well as any unauthorised access to any personally identifiable information available on Viewfinder®. RBC Dexia specifically disclaims any liability for such unauthorised use or access. The Client will establish and maintain such procedures as it deems necessary and appropriate to protect the confidentiality of all Corporate IDs, User IDs and passwords against any unauthorised use. RBC Dexia may rely on the fact that any person using the foregoing access procedure is authorised by the Client to do so, and is authorised to access the specific services being accessed through Viewfinder® on behalf of the Client. Notwithstanding the preceding paragraph, RBC Dexia has established security and privacy procedures for the general protection of Client information and transactions available through Viewfinder®. The Client acknowledges that it has reviewed RBC Dexia's Security policy and agrees that the security procedures described therein are acceptable and reasonable.

For further information about RBC Dexia’s policy regarding the use of personally identifiable information, see RBC Dexia’s Privacy policy.

Copyright and service mark/trademark

Viewfinder® is a registered trademark of Royal Bank of Canada.

RBC Dexia Investor Services Limited is a holding company that provides strategic direction and management oversight to its affiliates, including RBC Dexia Investor Services Trust, which operates in the UK through a branch authorised and regulated by the Financial Services Authority. All are licensed users of the RBC trademark (a registered trademark of Royal Bank of Canada) and Dexia trademark and conduct their global custody and investment administration business under the RBC Dexia Investor Services brand name.

Disclaimers

RBC DEXIA MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT OF VIEWFINDER® FOR ANY PURPOSE. ALL CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. RBC DEXIA DISCLAIMS ANY WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

RBC DEXIA EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT ANY AUTOMATED SYSTEM (AS DEFINED BELOW) WILL OPERATE UNINTERRUPTED OR BE ERROR FREE.

Although RBC Dexia attempts to keep the information on Viewfinder® accurate, RBC Dexia does not warrant that such information is accurate, complete, or current at any time. Furthermore, certain information available through Viewfinder® is provided from third-party sources reasonably believed to be reliable. However, RBC Dexia also cannot guarantee that such third-party information is accurate, complete or current. RBC Dexia accepts no responsibility or liability of any kind for the accuracy, reliability, currency, or completeness of any such information or third-party information, or for any action taken, or results obtained, from the use of any such information or third-party information by the Client or any other party. It is the Client’s responsibility to independently verify any information accessed, viewed, transmitted or extracted through Viewfinder® before relying on it.

RBC Dexia has made reasonable efforts to ensure that the Viewfinder® application is virus free but cannot guarantee or warrant that it is virus free. RBC Dexia expressly disclaims any representation that the Viewfinder® application is virus free. RBC Dexia encourages you to routinely scan your computer using a reliable virus protection product to detect and remove any viruses found.

Limitation of liability; indemnity

The Client understands that the use of the internet and other automated systems that provide the Client with internet access to the services available through Viewfinder® (collectively, the "Automated Systems") entails risks, including, but not limited to, interruptions of service, system or communications failures, delays in service, errors or omissions in information provided, errors in the design or functioning of such Automated Systems and corruption of the Client's data or systems (collectively, a "System Failure"), that could cause substantial damage, expense or liability to the Client.

RBC DEXIA WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE. IN NO EVENT WILL RBC DEXIA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR RELATING TO THE SERVICES AVAILABLE THROUGH VIEWFINDER®OR THE USE, COPYING, OR DISPLAY OF INFORMATION ACCESSED THROUGH VIEWFINDER®, WHETHER OR NOT RBC DEXIA WAS ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY.

Without limiting the foregoing, RBC Dexia will not be liable for any losses or damages incurred as a result of any information or confidential information submitted to it through Viewfinder® or for its transmission of information or confidential information to any person(s) or entity(ies) as a result of a request for such transmission reasonably believed by RBC Dexia to have been appropriately made by such person or entity in accordance with these Terms and Conditions.

RBC Dexia will not be liable for any losses or damages incurred by the Client or any other party as a result of any alteration or modification by the Client of any information, in any format or media, transmitted to the client or extracted by the Client via Viewfinder®.

Without limiting the foregoing, RBC Dexia will not have liability for the actual or alleged insufficient exercise of care in selecting, monitoring or operating any Automated System, for any failure or delay in informing the Client of any System Failure or in taking action to prevent or correct any such System Failure. RBC Dexia has no responsibility to inform the Client of (i) any decision to use, not to use or cease using any Automated System, (ii) the characteristics, function, design or purpose of any Automated System, or (iii) any specific risks inherent in any Automated System.

You are authorised to provide such indemnity and hereby agree, on behalf of the Client, to indemnify and save harmless RBC Dexia Investor Services Trust, its affiliates and their respective, directors, officers and employees from and against all costs, expenses, (including reasonable costs of litigation and reasonable legal fees and expenses), damages, claims, actions, demands, and liabilities, which arise or may arise out of the Client's use of Viewfinder®.

On behalf of the Client, you agree that the foregoing disclaimers, limitations of liability and indemnity are part of the agreement between the parties, and acknowledge that without such protections RBC Dexia would not have offered the services accessible through Viewfinder®, or would have done so only on significantly different terms.

Location of Viewfinder services

The services available through Viewfinder® are offered only in jurisdictions where they may be lawfully offered and are subject to the terms of and governed by the applicable agreement(s) between the Client and RBC Dexia. ALL SERVICES MENTIONED IN VIEWFINDER® MAY NOT BE AVAILABLE IN ALL JURISDICTIONS.

Jurisdiction

These Terms and Conditions will be governed by and interpreted pursuant to the laws of the Province of Ontario, Canada, notwithstanding any principles of conflicts of law. On behalf of the Client, you agree to be bound by all applicable laws and regulations that may pertain to Viewfinder®. The parties irrevocably submit and attorn to the jurisdiction of the courts of the Province of Ontario, Canada for all matters arising out of or relating to these Terms and Conditions.

Entire agreement

These Terms and Conditions, together with any applicable agreement(s) between the Client and RBC Dexia, set forth the entire agreement between RBC Dexia and the Client relating to the use of Viewfinder®. The Client may not alter these Terms and Conditions without the express written consent of RBC Dexia. If any part of these Terms and Conditions is held unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Agreement to Terms and Conditions

You acknowledge that you have read and understand these Terms and Conditions. If you, on behalf of the Client, wish to accept and agree to these Terms and Conditions, please indicate your acceptance by clicking the button labelled "OK" or press "Enter." If the Client does not wish to accept and agree to these Terms and Conditions, please DO NOT click on the button labelled "OK" or press "Enter." Instead, click on the button labelled "Cancel" and exit this site.