Common use of USE AND RESTRICTIONS ON USE Clause in Contracts

USE AND RESTRICTIONS ON USE. a) Only those entities that are expressly identified in the applicable Product Activation Form(s) as Subscriber shall be authorized hereunder to have access to or to use the Services. Except as expressly permitted in a Product Activation Form or in a different Annex, the Services shall be used exclusively for Subscriber’s own internal business. Access to and use of the Services shall be limited to Authorized Users at the Authorized Site(s). b) Except as expressly permitted in an Annex, Subscriber shall not (i) copy, modify, reverse engineer, reverse assemble or reverse compile or store the Services or any part thereof; (ii) license, sublicense, transfer, sell, resell, publish, reproduce, and/or otherwise redistribute the Services or any components thereof in any manner (including, but not limited to, via or as part of any Internet site); (iii) use the Services or any portion thereof for constructing, creating or calculating the value of any index or indexed products; (iv) use the Services as part of Subscriber’s intranet or other internal network; or (v) create archival or derivative works based on the Services or any portion thereof. Subscriber shall take all precautions that are reasonably necessary to prevent any unauthorized distribution or redistribution of the Services. c) Subscriber agrees that it will not provide access to the Services or any portion thereof to any person, firm or entity other than an Affiliate listed in an applicable Product Activation Form or Authorized User, including, without limitation, any entity that is affiliated with Subscriber and not expressly authorized by ICE. Subscriber shall ensure the Authorized Users’ and Affiliates’ compliance with the terms and conditions of this Agreement, and Subscriber shall remain responsible for such compliance. Subscriber, and each Affiliate who becomes a Subscriber by virtue of access to or use of the Services, shall be jointly and severally liable to ICE, its Affiliates and their Third-party Providers for any breaches of this Agreement and for the indemnity obligations set forth below in Section 11(c). d) Subscriber shall not use the Services, in whole or in part in any manner that competes with ICE or any of its Affiliates, including without limitation, any distribution of the Services or derivative works based thereon. Without limiting the foregoing, unless Subscriber enters into a separate license agreement with ICE, Subscriber agrees that it will not, without limitation (other than for its own internal use in accordance with this Agreement), communicate, redistribute, or otherwise furnish, or permit to be communicated, redistributed or otherwise furnished, all or any portion of the Services, in any format, to any third party.

USE AND RESTRICTIONS ON USE. a) Only those entities that are expressly identified in the applicable a Product Activation Form(s) Form or Annex as Subscriber shall be or its Authorized Users are authorized hereunder to have access to or to and use the ServicesServices identified in such Product Activation Form or Annex. Except as expressly permitted in a Product Activation Form or in a different an Annex, the Services shall be used exclusively for Subscriber’s own internal business. Access to and use of the Services shall be limited to Authorized Users at the Authorized Site(s)) if set forth in a Product Activation Form. b) Except as expressly permitted in an a Product Activation Form or Annex, Subscriber shall not not (i) copy, modify, reverse engineer, reverse assemble or reverse compile or store the Services or any part thereof; (ii) license, sublicense, transfer, sell, resell, publish, reproduce, and/or otherwise distribute or redistribute the Services or any portion or components thereof in any manner (including, but not limited to, via or as part of any Internet site); (iii) use the Services or any portion thereof for constructing, creating or calculating the value of any index or indexed products; (iv) use the Services as part of Subscriber’s intranet or other internal networknetwork (it being understood that this clause (iv) shall not prohibit any use of Data Services that is explicitly permitted pursuant to any agreement for ICE Exchange Services to which Subscriber is a party); or (v) create archival or derivative works based on the Services or any portion thereof. Subscriber shall take all precautions that are reasonably necessary to prevent any unauthorized distribution or redistribution of the Services. c) Subscriber agrees that it will not disclose or provide access to the Services or any portion thereof to any person, firm or entity other than an Affiliate of Subscriber that is listed in an the applicable Product Activation Form (or otherwise expressly authorized by the applicable Provider in writing) (collectively, the “Subscribed Affiliates”) and Authorized Users. Affiliates of Subscriber that are not listed on the applicable Product Activation Form or Authorized User, including, without limitation, any entity that is affiliated with Subscriber and not otherwise expressly authorized by ICEthe applicable Provider in writing are not permitted to access or use the Services or any portion thereof. Subscriber shall ensure the Authorized Users’ and Subscribed Affiliates’ compliance with the terms and conditions of this each Agreement, and Subscriber shall remain responsible for such compliance. Subscriber, Subscriber and each Subscribed Affiliate who becomes a Subscriber by virtue of access to or use of the Services, shall be jointly and severally liable to ICEthe applicable Provider, its Affiliates and their Third-party Providers for any breaches of this the applicable Agreement and for the indemnity obligations set forth below in Section 11(c). For purposes of defining Subscriber’s obligations under each Agreement, any time the term “Subscriber” is used in such Agreement it includes all Subscribed Affiliates and Authorized Users under such Agreement, as appropriate. d) Subscriber shall not use the Services, in whole or in part part, in any manner that competes with ICE the applicable Provider or any of its Affiliates, including without limitation, any distribution of the Services or derivative works based thereon. Without limiting the foregoing, unless Subscriber enters into a separate license agreement with ICEthe applicable Provider, and then only to the extent set forth in such license agreement, Subscriber agrees that it will not, without limitation not (other than for its own internal use in accordance with this the applicable Agreement), communicate, redistribute, or otherwise furnish, or permit to be communicated, redistributed or otherwise furnished, all or any portion of the Services, in any format, to any third party.

USE AND RESTRICTIONS ON USE. a) Only those entities that are expressly identified in the applicable a Product Activation Form(s) Form or Annex as Subscriber shall be or its Authorized Users are authorized hereunder to have access to or to and use the ServicesServices identified in such Product Activation Form or Annex. Except as expressly permitted in a Product Activation Form or in a different an Annex, the Services shall be used exclusively for Subscriber’s own internal business. Access to and use of the Services shall be limited to Authorized Users at the Authorized Site(s). b) Except as expressly permitted in an a Product Activation Form or Annex, Subscriber shall not not (i) copy, modify, reverse engineer, reverse assemble or reverse compile or store the Services or any part thereof; (ii) license, sublicense, transfer, sell, resell, publish, reproduce, and/or otherwise distribute or redistribute the Services or any portion or components thereof in any manner (including, but not limited to, via or as part of any Internet site); (iii) use the Services or any portion thereof for constructing, creating or calculating the value of any index or indexed products; (iv) use the Services as part of Subscriber’s intranet or other internal networknetwork (it being understood that this clause (iv) shall not prohibit any use of Data Services that is explicitly permitted pursuant to any agreement for ICE Exchange Services to which Subscriber is a party); or (v) create archival or derivative works based on the Services or any portion thereof. Subscriber shall take all precautions that are reasonably necessary to prevent any unauthorized distribution or redistribution of the Services. c) Subscriber agrees that it will not disclose or provide access to the Services or any portion thereof to any person, firm or entity other than an Affiliate of Subscriber that is listed in an the applicable Product Activation Form (or otherwise expressly authorized by the applicable Provider in writing) (collectively, the “Subscribed Affiliates”) and Authorized Users. Affiliates of Subscriber that are not listed on the applicable Product Activation Form or Authorized User, including, without limitation, any entity that is affiliated with Subscriber and not otherwise expressly authorized by ICEthe applicable Provider in writing are not permitted to access or use the Services or any portion thereof. Subscriber shall ensure the Authorized Users’ and Subscribed Affiliates’ compliance with the terms and conditions of this each Agreement, and Subscriber shall remain responsible for such compliance. Subscriber, Subscriber and each Subscribed Affiliate who becomes a Subscriber by virtue of access to or use of the Services, shall be jointly and severally liable to ICEthe applicable Provider, its Affiliates and their Third-party Providers for any breaches of this the applicable Agreement and for the indemnity obligations set forth below in Section 11(c). For purposes of defining Subscriber’s obligations under each Agreement, any time the term “Subscriber” is used in such Agreement it includes all Subscribed Affiliates and Authorized Users under such Agreement, as appropriate. d) Subscriber shall not use the Services, in whole or in part part, in any manner that competes with ICE the applicable Provider or any of its Affiliates, including without limitation, any distribution of the Services or derivative works based thereon. Without limiting the foregoing, unless Subscriber enters into a separate license agreement with ICEthe applicable Provider, and then only to the extent set forth in such license agreement, Subscriber agrees that it will not, without limitation not (other than for its own internal use in accordance with this the applicable Agreement), communicate, redistribute, or otherwise furnish, or permit to be communicated, redistributed or otherwise furnished, all or any portion of the Services, in any format, to any third party.