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  • iv.

    Subject to the foregoing license, as between NASDAQ OMX and Subscriber, Subscriber retains all ownership and other rights associated with Subscriber’s Data.

  • v.

    No provision in this agreement shall impair any right, interest, or use of Subscriber’s Data granted by operation of SEC Rules or any other rule or law.

Section 3.

Authorized Devices.

A.

Subscriber may access the System only through one or more systems, which meet the specifications and requirements (including, but not limited to, interface and operational requirements), set forth by NASDAQ OMX (each an “Authorized Device”). Approved specifications and requirements are available from NASDAQ OMX upon request and may be modified from time to time by NASDAQ OMX in its sole discretion on at least thirty (30) days’ notice (ninety (90) days notice if other than a routine change) unless: (i) a malfunction in the System or Service necessitates modifications on an accelerated basis; (ii) an emergency situation precludes such advance notice; or (iii) a shorter time period is required pursuant to an order of a court, an arbitrator(s), or a regulatory agency.

B.

Subscriber shall report to NASDAQ OMX, as requested by NASDAQ OMX, the information required to be supplied by Subscriber in NASDAQ’sNASDAQ OMX’s specifications and requirements. At reasonable times and upon reasonable notice from NASDAQ OMX, Subscriber will grant to NASDAQ OMX or its representatives free access to the Authorized Devices and, at any time, Subscriber will grant to NASDAQ OMX or its representatives free access to

the areas where the Service is received and used. Such access shall purposes of: (i) inspection, audit, or testing; (ii) maintenance, replacement of any NASDAQ OMX-provided equipment or of any

be for the repair, or NASDAQ

OMX provided software; or (iii) maintenance of this Agreement and. NASDAQNASDAQ OMX reasonable security regulations.

Authorized Devices pursuant to shall comply with Subscriber’s

  • C.

    When necessary, NASDAQ OMX will grant to Subscriber a non-exclusive, non- assignable, non-transferable license to use certain NASDAQ OMX-specialized software (“Software”) with the Authorized Devices during the term of this Agreement.

  • D.

    Subscriber shall designate to NASDAQ OMX in writing, a security contact person (“Security Administrator”), or multiple or alternative Security Administrator(s). Each Security Administrator shall be an employee or authorized agent of Subscriber, who shall be responsible for sending requests to procure or remove Services on behalf of Subscriber. Each Security Administrator will also receive notification from NASDAQ OMX of changes made to web accounts. NASDAQNASDAQ OMX may request at any time an explanation of any Security Administrator’s scope of authority or a clarification of any information

7

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