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A.

NASDAQ OMX grants to Subscriber a non-exclusive, non-assignable, non- transferable, worldwide license to receive and use the Service during the term of this Agreement. Further, NASDAQ OMX grants to Subscriber a non-exclusive, non-assignable, non-transferable, worldwide license to use the information and data received during the term of this Agreement through the Service (“Service Data”) even after termination or cancellation of this Agreement (unless this Agreement is terminated by NASDAQ OMX pursuant to Section 6 due to Subscriber’s breach of this Agreement). Subject to Section 2.E below, as between NASDAQ OMX and Subscriber, NASDAQ OMX retains all ownership and other rights associated with Service Data. Subscriber will attribute the appropriate source of the information and data received through the Service as set forth in applicable NASDAQ OMX Requirements. Subscriber acknowledges, based on NASDAQ’sNASDAQ OMX’s representation, that NASDAQ’sNASDAQ OMX’s third party information providers have proprietary rights in their respective information and data.

B.

Subscriber may not sell, lease, furnish or otherwise permit or provide access to the Service to any other entity or to any individual that is not Subscriber’s agent, employee or associated person under the Act, provided however, Subscriber may provide access to the Service to third-party customers of Subscriber subject and

pursuant to the NASDAQ OMX receipt or use of

NASDAQ OMX Requirements. Subscriber shall indemnify for all Claims and Losses resulting from a third-party customer’s

the

Service

through

Subscriber.

Except

as

provided

under

the

NASDAQ OMX Requirements, Authorized Devices (defined in

Subscriber acknowledges and represents that the Section 3.A) will be located in areas where they

may be persons take all

accessible only by Subscriber, its agents, employees and associated (for whom Subscriber agrees to be responsible), and Subscriber agrees to reasonable security precautions to prevent unauthorized individuals or

entities from Devices.

gaining

access

to

the

Service

through

Subscriber’s

Authorized

  • C.

    Subscriber may, on a non-continuous basis, furnish limited amounts of the information and data received through the Service to individuals or entities in written advertisements, correspondence, client reports, or other literature; or during voice telephonic conversations not entailing computerized voice, automated information inquiry systems or similar technologies. Subscriber may not present the information and data received through the Service in any unfair, misleading, or discriminatory manner.

  • D.

    NASDAQ OMX prohibits Subscriber from diverting data from the Service, or any NASDAQ OMX website associated with this Service, either internally or externally except as specifically authorized by a NASDAQ OMX Requirement. NASDAQ OMX is not liable to Subscriber for any diverted, repackaged or disseminated data from the Service. NASDAQ OMX reserves the right to audit Subscriber’s usage of data in adherence to the NASDAQ OMX Requirements and limitations specified within this Agreement on an annual basis for the purposes of establishing and verifying that Subscriber has not diverted, repackaged or

5

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