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

D.

NASDAQ OMX SHALL INCLUDE A DISCLAIMER OF WARRANTY FOR SUBSCRIBER’S DATA TO THE SAME EXTENT AND IN THE SAME LOCATIONS AS IT DOES FOR NASDAQ OMX DATA.

Section 11.

Limitation of Liability.

A.

EXCEPT AS MAY: (i) OTHERWISE BE SET FORTH HEREIN; (ii) OTHERWISE BE SET FORTH IN: (a) THE NASDAQ RULE CURRENTLY NUMBERED 4705(j)4626 (AS SUCH RULE MAY BE AMENDED OR RE- NUMBERED FROM TIME TO TIME)) OR (b) ANY OTHER APPLICABLE EXCHANGE RULE OF A NASDAQ OMX U.S. EXCHANGE; (iii) ARISE FROM NASDAQ’SNASDAQ OMX’S INDEMNIFICATION OBLIGATIONS; OR (iv) ARISE AS A RESULT OF NASDAQ’SNASDAQ OMX’S WILLFUL TORTIOUS MISCONDUCT OR FROM PERSONAL INJURY OR WRONGFUL DEATH CLAIMS, NASDAQ OMX SHALL NOT BE LIABLE TO SUBSCRIBER OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR TRADING LOSSES, LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR FOR INCREASED EXPENSES OF OPERATION, OR FOR INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF NASDAQ OMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

C.

NASDAQNASDAQ OMX ACKNOWLEDGES THAT SUBSCRIBER’S DATA

LIMITATION,

TIMELINESS,

TRUTHFULNESS,

SEQUENCE,

IS PROVIDED “AS IS” WITH

EXPRESS,

IMPLIED

OR

NO OTHER WARRANTIES OF ANY KIND,

STATUTORY

(INCLUDING,

WITHOUT

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

TRADE USAGE, PERFORMANCE,

OF OF

OR COURSE WARRANTIES

COURSE OF

DEALING,

OR THE

IMPLIED

B.

EXCEPT AS MAY (i) OTHERWISE BE SET FORTH HEREIN; (ii) ARISE FROM SUBSCRIBER’S INDEMNIFICATION OBLIGATIONS; OR (iii)

ARISE AS A

RESULT

OF SUBSCRIBER’S

MISCONDUCT

OR FROM

PERSONAL INJURY

WILLFUL TORTIOUS OR WRONGFUL DEATH

CLAIMS,

SUBSCRIBER

SHALL

NOT

BE

LIABLE

TO

NASDAQ

OMX

OR

TO OF

ANY OTHER INDIVIDUAL ANTICIPATED PROFITS,

OR ENTITY FOR TRADING LOSSES, LOSS LOSS BY REASON OF SHUTDOWN IN

OPERATION

OR

FOR

INCREASED

EXPENSES

OF

OPERATION,

OR

FOR

INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR LOSS OR DAMAGE OF ANY NATURE ARISING FROM

INCIDENTAL ANY CAUSE

WHATSOEVER, EVEN IF NASDAQ POSSIBILITY OF SUCH DAMAGES.

OMX

HAS

BEEN

ADVISED

OF

THE

16

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