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B.

AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT THE SERVICE IS NOT AVAILABLE, IS DELAYED, IS INTERRUPTED, IS INCOMPLETE, IS NOT ACCURATE OR IS OTHERWISE MATERIALLY AFFECTED FOR A CONTINUOUS PERIOD OF FOUR (4) HOURS OR MORE DURING THE TIME THAT NASDAQ OMX REGULARLY TRANSMITS THE SERVICE DUE TO THE FAULT OF NASDAQ OMX (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL’S OR

ENTITY’S ADDITION

EXCLUSIVE TO (1) ANY

REMEDY AGAINST NASDAQ OMX, IN REMEDIES THAT MAY BE AVAILABLE

PURSUANT TO THE NASDAQ 4705(j)4626 (AS SUCH RULE MAY

RULE CURRENTLY NUMBERED BE AMENDED OR RE-NUMBERED

FROM

TIME

TO

TIME))

OR

(2)

ANY

OTHER

APPLICABLE

EXCHANGE

RULE OF A NASDAQ OMX U.S. PRORATED MONTH’S CREDIT OR

EXCHANGE, A PRORATED

SHALL BE EITHER A MONTH’S REFUND OF

ANY MONIES SERVICE FOR

DUE THE

TO NASDAQ OMX FROM SUBSCRIBER FOR THE

PERIOD

AT

ISSUE.

SUCH

CREDIT

OR

REFUND

SHALL

BE

REQUESTED

BY

WRITTEN

NOTICE

TO

NASDAQ

OMX

WITH

ALL PERTINENT SERVICE IS NOT INCOMPLETE, IS

DETAILS INCLUDED. IN THE EVENT THAT THE AVAILABLE, IS DELAYED, IS INTERRUPTED, IS NOT ACURATE OR IS OTHERWISE MATERIALLY

AFFECTED FOR A CONTINUOUS PERIOD OF HOURS, THE LIMTATIONS OF LIABILITY SET

LESS THAN FOUR

(4)

FORTH IN SECTION

11

HEREIN SHALL APPLY. THERE KIND, EXPRESS, IMPLIED OR

ARE NO OTHER WARRANTIES OF ANY STATUTORY (INCLUDING, WITHOUT

LIMITATION,

TIMELINESS,

TRUTHFULNESS,

SEQUENCE,

COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, NONINFRINGEMENT, ANY IMPLIED WARRANTIES ARISING FROM

TRADE USAGE, PERFORMANCE,

COURSE OF

DEALING,

OR THE

IMPLIED

OR COURSE WARRANTIES

OF OF

MERCHANTABILITY OR FITNESS FOR A PURPOSE), BEYOND THE WARRANTIES STATED IN THIS SECTION.

SUBSCRIBER ACKNOWLEDGES THAT NASDAQ OMX MAY PROVIDE SUBSCRIBER ACCESS TO CERTAIN THIRD PARTY SOFTWARE TO ASSIST SUBSCRIBER IN RECEIVING THE SERVICE OR ANY DATA. SUCH THIRD PARTY SOFTWARE IS PROVIDED “AS IS” WITHOUT

WARRANTY OF ANY KIND. OMX SHALL NOT BE LIABLE THIRD PARTY SOFTWARE

SUBSCRIBER AGREES THAT NASDAQ FOR ANY ERRORS OR DEFECTS IN ANY (INCLUDING INFRINGEMENT BY THE

SOFTWARE OF ANY THIRD RIGHTS). SUBSCRIBER’S SOLE

PARTY’S REMEDY

INTELLECTUAL PROPERTY AGAINST NASDAQ OMX FOR

ANY ERRORS

OR

DEFECTS IN ANY

(INCLUDING

ANY

INFRINGEMENT

THIRD OF A

PARTY SOFTWARE

THIRD

PARTY’S

INTELLECTUAL PROPERTY SUCH SOFTWARE AND/OR OMX.

RIGHTS) RETURN

SHALL BE TO CEASE USING THE SOFTWARE TO NASDAQ

15

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