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B.

Section 2.

conditions of this Agreement shall govern NASDAQ’sNASDAQ OMX’s provision of the Service, and each portion thereof, received by Subscriber whether pursuant to an executed NASDAQ NTS Access Order Form, or otherwise. . . NASDAQ OMX Requirements” shall mean: (i) the rules, regulations, interpretations, decisions, opinions, orders and other requirements of the Securities and Exchange Commission (“SEC”); (ii) the applicable rules, regulations, disciplinary decisions, and rule interpretations of NASDAQself-

regulatory

organizations;

(iii)

NASDAQ’sNASDAQ

OMX’s

operating

procedures, specifications, requirements, and other documentation that is regulatory or technical in nature (including, but not limited to, user guides) published on the NASDAQ Trader website located at www.nasdaqtrader.com (“NASDAQ Trader”) or another NASDAQ OMX website accessible by and made known to Subscriber; (iv) all other applicable laws, statutes, rules, regulations, orders, decisions, interpretations, opinions, and other requirements, whether promulgated by the United States or any other applicable jurisdiction (including in the area of intellectual property); and (v) the successors, as they may exist at the time, of the components of the NASDAQ OMX Requirements. Subscriber warrants that it is, will continue to be during the term of this Agreement, and will only use the Service in compliance with this Agreement and the NASDAQ OMX Requirements. NASDAQ OMX warrants that it is, will continue to be during the term of this Agreement, and will only use Subscriber’s Data in compliance with this Agreement and the NASDAQ OMX Requirements.

NASDAQ OMX offers the Service through various pricing packages. Subscriber acknowledges that the cost for the Service is subject to change. NASDAQ OMX will provide Subscriber with pricing information and prior notice of any pricing change on NASDAQ Trader or any other successor or designated website. Any changes in pricing of any part of the Service shall be filed with the Securities and Exchange Commission pursuant to Section 19(b) of the Securities Exchange Act of 1934 (the “Act”). Subscriber agrees to monitor and comply with the current

pricing information contained on NASDAQ NASDAQ OMX web site. NASDAQ OMX

Trader. reserves

or other the right to

applicable perform a

discretionary audit of Subscriber’s transactions on an annual basis for purposes of establishing and verifying pricing eligibility. Notwithstanding foregoing, NASDAQ OMX may perform an audit for reasonable cause at

the the any

time. If, as

a result

eligible for

its then

of its audit, NASDAQ OMX determines that Subscriber is not current pricing package, NASDAQ OMX shall have the right

to retroactively bill Subscriber rate that was in effect at the

for the appropriate pricing package at the monthly time the service was accessed and/or provided.

NASDAQNASDAQ written notice of all

OMX must receive at least thirty requests that constitute a change

(30) business days’ prior in subscription packages

where Subscriber is a firm or corporation, and at least seven prior written notice where Subscriber is an individual user.

(7)

business

days’

License to Use; Prohibition on Diverting Service Data.

4

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