about a Security Administrator or object to a Security Administrator for any reason, including administrative burden on NASDAQ OMX, or lack of clarity of the information provided about the authority of a Security Administrator.
Subscriber shall cause each Security Administrator to comply with the NASDAQ OMX Requirements. Each Security Administrator’s responsibilities shall include, without limitation: (i) providing all notices to NASDAQ OMX by faxing NASDAQ OMX Subscriber Services at the fax number set forth in Section 20 herein, or by sending an e-mail from a verifiable Subscriber e-mail account to email@example.com and obtaining a NASDAQ OMX generated receipt for the e-mail (all e-mail receipts to be retained for a period of not less than six months); (ii) notifying NASDAQ OMX within a reasonable period of time but not longer than fifteen (15) days, when an authorized employee, agent or associated person of Subscriber (a “User”) is assigned an Authorized Device that allows User to access the Service, has the Authorized Device revoked, or is no longer eligible to receive the Service; and (iii) notify NASDAQ OMX within a reasonable period of time, but not longer than five (5) business days, of any unauthorized access to the Service. Subscriber shall be responsible, under regulation, contract, tort or otherwise, for all actions or omissions of a Security Administrator (including those that were to have been performed by a Security Administrator, had one been named or available at the time).
Subscriber shall use commercially reasonable efforts to cause each User to comply with the responsibilities set forth in detail in the NASDAQ OMX Requirements, which include, without limitation, the following requirements: (i) Authorized Devices are personal to the User and may not be shared, lent, sold, transferred, or used by others; (ii) User will change passwords, where applicable, and perform other actions that are necessary to prevent compromise of the Authorized Device and to keep the Authorized Device operating correctly (the actions, such as criteria for choosing and changing passwords, will be specified in the NASDAQ OMX Requirements and User agrees to abide by such requirements); (iii) User is liable, under regulation, contract, tort or otherwise, for all actions taken or omitted and all information submitted by User or on User’s behalf from or to the Service or submitted by authorized or unauthorized persons who obtain access to the Service through User, including any actions performed, or information submitted or retrieved, using the designated Authorized Device; and (iv) User will not access any portion of the Service or any portion of the Service that utilizes Authorized Devices after User is no longer eligible for access because of a change in the User’s role or responsibility, the User’s employer, or otherwise does not meet the then current requirements of the Service, or any portion of the Service. The Subscriber shall be responsible, under regulation, contract, tort or otherwise, for all actions or omissions of a User or any other person, authorized or not, who gains access to the Service or a portion of the Service that uses a Authorized Device assigned to a User of Subscriber (including those that were to have been performed by the User, had one been named or available at the time). For avoidance of doubt, nothing in this Section 3.F shall be