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Advanced Series Trust AST Academic Strategies Asset ... - Prudential

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EXEMPLARY DAMAGES IN CONNECTION WITH THE <strong>AST</strong> FIRST TRUST PORTFOLIOS AND/OR THE FUND.<br />

“NYSE ® “ and “NYSE International 100 Index ® “ are registered trademarks of the NYSE Group, Inc. and both have been licensed for<br />

use for certain purposes by First <strong>Trust</strong> Advisors, L.P. The <strong>AST</strong> First <strong>Trust</strong> Portfolios, which use a strategy based in part on the NYSE<br />

International 100 Index ® , are not sponsored, endorsed, sold or promoted by NYSE Group, Inc. and its affiliates, and NYSE Group,<br />

Inc. and its affiliates make no representation regarding the advisability of investing in such products.<br />

NYSE Group, Inc. has no relationship to the <strong>AST</strong> First <strong>Trust</strong> Portfolios or First <strong>Trust</strong> other than the licensing of NYSE International 100<br />

Index ® (the “Index”) and its registered trademarks for use in connection with the <strong>AST</strong> First <strong>Trust</strong> Portfolios.<br />

NYSE Group, Inc. and its affiliates do not:<br />

■ Sponsor, endorse, sell or promote the <strong>AST</strong> First <strong>Trust</strong> Portfolios.<br />

■ Recommend that any person invest in the <strong>AST</strong> First <strong>Trust</strong> Portfolios or any other securities.<br />

■ Have any responsibility or liability for or make any decisions about the timing, amount or pricing of <strong>AST</strong> First <strong>Trust</strong> Portfolios.<br />

■ Have any responsibility or liability for the administration, management or marketing of the <strong>AST</strong> First <strong>Trust</strong> Portfolios.<br />

■ Consider the needs of the <strong>AST</strong> First <strong>Trust</strong> Portfolios or the Contract owners of the <strong>AST</strong> First <strong>Trust</strong> Portfolios in determining,<br />

composing or calculating the NYSE International 100 Index ® or have any obligation to do so.<br />

Neither NYSE Group, Inc. nor any of its affiliates will have any liability in connection with the <strong>AST</strong> First <strong>Trust</strong> Portfolios or the Fund.<br />

Specifically, NYSE Group, Inc. and its affiliates do not make any warranty, express or implied, and disclaim any warranty about:<br />

■ The results to be obtained by the <strong>AST</strong> First <strong>Trust</strong> Portfolios, the Contract owner of the <strong>AST</strong> First <strong>Trust</strong> Portfolios or any other<br />

person in connection with the use of the Index and the data included in the Index;<br />

■ The accuracy or completeness of the Index and its data;<br />

■ The merchantability and the fitness for a particular purpose or use of the Index and its data;<br />

NYSE Group, Inc. and its affiliates will have no liability for any errors, omissions or interruptions in the Index or its data.<br />

Under no circumstances will NYSE Group, Inc. or any of its affiliates be liable for any lost profits or indirect, punitive, special or<br />

consequential damages or losses, even if NYSE Group, Inc. knows that they might occur.<br />

The licensing agreement between First <strong>Trust</strong> Advisors L.P. and NYSE Group, Inc. is solely for their benefit and not for the benefit of the<br />

Contract owners of the <strong>AST</strong> First <strong>Trust</strong> Portfolios or any other third parties.<br />

The <strong>AST</strong> First <strong>Trust</strong> Portfolios are not sponsored, endorsed, sold or promoted by The NASDAQ OMX Group, Inc. (including its<br />

affiliates) (NASDAQ OMX, with its affiliates, are referred to as the “Corporations”). The Corporations have not passed on the legality<br />

or suitability of, or the accuracy or adequacy of descriptions and disclosures relating to the <strong>AST</strong> First <strong>Trust</strong> Portfolios. The Corporations<br />

make no representation or warranty, express or implied, to the owners of shares of the <strong>AST</strong> First <strong>Trust</strong> Portfolios or any member of the<br />

public regarding the advisability of investing in securities generally or in the <strong>AST</strong> First <strong>Trust</strong> Portfolios particularly, or the ability of the<br />

Nasdaq-100 Index ® to track general stock market performance. The Corporations’ only relationship to the First <strong>Trust</strong> Advisors L.P.<br />

(“Licensee”) is in the licensing of the Nasdaq ® , Nasdaq-100 ® and Nasdaq-100 Index ® registered trademarks and certain trade names<br />

of the Corporations and the use of the Nasdaq-100 Index ® , which is determined, composed and calculated by Nasdaq without regard<br />

to Licensee or the <strong>AST</strong> First <strong>Trust</strong> Portfolios. <strong>Prudential</strong> Investments LLC (Sub-Licensee) has sublicensed certain Nasdaq trademarks<br />

and tradenames of the Corporations. Nasdaq has no obligation to take the needs of the Licensee, the Sub-Licensee, or the owners of<br />

shares of the <strong>AST</strong> First <strong>Trust</strong> Portfolios into consideration in determining, composing or calculating the Nasdaq-100 Index ® . The<br />

Corporations are not responsible for and have not participated in the determination of the timing of, prices at or quantities of the <strong>AST</strong><br />

First <strong>Trust</strong> Portfolios to be issued or in the determination or calculation of the equation by which the <strong>AST</strong> First <strong>Trust</strong> Portfolios are to be<br />

converted into cash. The Corporations have no liability in connection with the administration, marketing or trading of the <strong>AST</strong> First<br />

<strong>Trust</strong> Portfolios.<br />

THE CORPORATIONS DO NOT GUARANTEE THE ACCURACY AND/OR UNINTERRUPTED CALCUATION OF THE NASDAQ-100<br />

INDEX ® OR ANY DATA INCLUDED THEREIN. THE CORPORATIONS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO<br />

RESULTS TO BE OBTAINED BY FIRST TRUST, RECORD OR BENEFICIAL SHAREHOLDERS OF THE <strong>AST</strong> FIRST TRUST<br />

PORTFOLIOS, OR ANY OTHER PERSON OR ENTITY FROM THE USE OF THE NASDAQ-100 INDEX ® OR ANY DATA INCLUDED<br />

THEREIN. THE CORPORATIONS MAKE NO EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIM ALL WARRANTIES<br />

OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE NASDAQ-100 INDEX ® OR<br />

ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL THE CORPORATIONS<br />

HAVE ANY LIABILITY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL<br />

DAMAGES, EVEN IF NOTIFIED OF THE POSSIBIITY OF SUCH DAMAGES.<br />

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