Common use of Once the NASDAQ Global Subscriber Clause in Contracts

Once the NASDAQ Global Subscriber. Agreement is signed by both the Subscriber and the Distributor, and the Subscriber has been provided an executed copy of the full NASDAQ Global Subscriber Agreement, NASDAQ considers the Subscriber to be authorized to receive NASDAQ data sets as described in Appendix 1 of the NASDAQ Global Subscriber Agreement. Subscribers to the Information must sign NASDAQ, Inc. (“NASDAQ”) Subscriber Agreement (“Agreement”) or its equivalent in order to receive the Information (Refer to definition in Section 14). While all terms are important, NASDAQ asks that you pay particular attention to the following conditions. For additional information, refer to the sections referenced at the end of each condition. Restrictions on uses and transfers: The subscriber (“Subscriber”) may not provide access to information described herein (“Information”) or transfer this Agreement to others. The Information is only for use as described by the Non-Professional or Professional Subscriber (for U.S. Information) the Non-Professional or Professional Subscriber (for Canadian Information) and Business or Private (for European Information) definitions. [Section 14] Most types of damages are excluded and remaining damages are limited: NASDAQ is not liable for trading losses, lost profits or incidental, consequential or other indirect damages, even if the Information is untimely or incorrect. Other damages (if any) are strictly limited (in contract, tort or otherwise) to a capped amount. [Section 7 and Section 8] No implied or statutory warranties or duties: All warranties and duties (if any) are eliminated. There are no express warranties, except for a Limited Warranty regarding efforts only. Stock quotes might not be current and/or accurate. [Section 9] Subscriber provides an indemnity: Subscriber indemnifies NASDAQ and holds NASDAQ harmless for any Claims or Losses (as described in Section 11) resulting from Subscriber’s breach of the Agreement, from Subscriber’s infringement of a third-party’s intellectual property rights or from any third-party lawsuit related to Subscriber’s use or receipt of Information. [Section 11]