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construed to limit the Subscriber’s regulatory obligations with respect to supervision of Users.

G.

Subscriber shall not reverse engineer, decode, decompile, attempt to tamper with or evade, or discover the method of operations or defeat any Authorized Device. If applicable law authorizes Subscriber to perform certain types of reverse engineering or the like and declares unenforceable contractual restrictions that conflict with that law, then Subscriber may perform only such reverse engineering or the like as is expressly allowed by, and in strict compliance with, such law.

Section 4.

Changes to Service. Subscriber acknowledges and agrees that nothing in this Agreement constitutes an undertaking by NASDAQ OMX to continue: (a) the Service, the System, or any aspect of either, in the present form or configuration or under the current specifications or requirements or with the current Authorized Devices; or (b) use of the existing communications facilities. NASDAQ OMX, in its sole discretion, may from time to time make additions to, deletions from or modifications to the: (a) Service, the System, or any aspect of either; (b) specifications and requirements; and (c) communications facilities. NASDAQ OMX shall provide sufficient notice to Subscriber of any change to the Service (other than for a non-material change), unless a malfunction in the System or Service necessitates modifications on an accelerated basis or an emergency situation precludes such advance notice or a shorter time period is required pursuant to an order of a court, arbitrator or a regulatory agency, in the following manner: such modification was posted on NASDAQ Trader (or other applicable NASDAQ OMX website) and Subscriber’s receipt or use of the Service after any change shall constitute Subscriber’s acceptance of the Service, as changed.

Section 5.

Payment; Taxes.

A.

Subscriber agrees to pay to NASDAQ OMX or NASDAQ’sNASDAQ OMX’s designee the then effective charges as set forth in the NASDAQ OMX Requirements or as provided to Subscriber by NASDAQ OMX, including all applicable deposits, and charges for installation, de-installation, equipment, communications, facilities, interest and late fees and/or penalties (including, but not limited to, charges incurred after termination, cancellation, or rescission). In addition, if Subscriber is required by applicable law to deduct or withhold any such tax, charge or assessment from the amounts due NASDAQ OMX, then such amounts due shall be increased so that the net amount actually received by NASDAQ OMX after the deduction or withholding of any such tax, charge or assessment, will equal one hundred percent (100%) of the charges that are owed. Further, Subscriber shall pay any taxes, charges or assessments (other than taxes imposed on the net income of NASDAQ OMX) by any foreign or domestic national, state, provincial or local government bodies, or subdivisions thereof, and any penalties or interest relating to the provision of the Service to Subscriber.

B.

Notwithstanding the foregoing, Subscriber shall not be responsible for the penalty

of

or

interest

that

is

imposed

9

on

NASDAQ

OMX

as

a

result

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