Kinetick.com

Purchase Kinetick

Exchange Agreements

We require that all of the exchange agreements be electronically signed so that we have them on record should you wish to change/amend your selected exchange subscriptions in the future.

*Electronic Signatures must match the name on your Credit Card and your First and Last Name when completing purchase.

Agreement for Market Data Display Services - NYSE/AMEX Exchange

(Usage-Based Services/Nonprofessional Subscriber Status)(Electronic Version)

DTN, LLC, LLC. ("Vendor") agrees to make "Market Data" available to you pursuant to the terms and conditions set forth in this agreement. By executing this Agreement in the space indicated below, you ("Subscriber") agree to comply with those terms and conditions. Section 1 sets forth terms and conditions of general applicability. Section 2 applies insofar as Subscriber receives and uses Market Data made available pursuant to this Agreement as a Nonprofessional Subscriber.

SECTION 1: TERMS AND CONDITIONS OF GENERAL APPLICABILITY

MARKET DATA DEFINITION – For all purposes of this Agreement, "Market Data" means (a) last sale information and quotation information relating to securities that are admitted to dealings on the New York Stock Exchange ("NYSE"), (b) such bond and other equity last sale and quotation information, and such index and other market information, as United States-registered national securities exchanges and national securities associations (each, an "Authorizing SRO") may make available and as the NYSE may from time to time designate as "Market Data"; and (c) all information that derives from any such information
PROPRIETARY NATURE OF DATA – Subscriber understands and acknowledges that each Authorizing SRO and Other Data Disseminator has a proprietary interest in the Market Data that originates on or derives from it or its market(s).
ENFORCEMENT – Subscriber understands and acknowledges that (a) the Authorizing SROs are 3rd party beneficiaries under this Agreement and (b) the Authorizing SROs or their authorized representative(s) may enforce this Agreement, by legal proceedings or otherwise, against Subscriber or any person that obtains Market Data that is made available pursuant to this Agreement other than as this Agreement contemplates. Subscriber shall pay the reasonable attorney's fees that any Authorizing SRO incurs in enforcing this Agreement against Subscriber.
DATA NOT GUARANTEED – Subscriber understands that no Authorizing SRO, no other entity whose information is made available over the Authorizing SROs' facilities (an "Other Data Disseminator") and no information processor that assists any Authorizing SRO or Other Data Disseminator in making Market Data available (collectively, the "Disseminating Parties") guarantees the timeliness, sequence, accuracy or completeness of Market Data or of other market information or messages disseminated by any Disseminating Party. Neither Subscriber nor any other person shall hold any Disseminating Party liable in any way for (a) any inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) the transmission or delivery of any such data, information or message, or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non-performance or (iii) interruption in any such data, information or message, due either to any negligent act or omission by any Disseminating Party, to any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or to any other cause beyond the reasonable control of any Disseminating Party.
PERMITTED USE – Subscriber shall not furnish Market Data to any other person or entity and, subject to Paragraph 10, shall use Market Data only for its individual use in its business.
DISSEMINATION DISCONTINUANCE OR MODIFICATION – Subscriber understands and acknowledges that, at any time, the Authorizing SROs may discontinue disseminating any category of Market Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. The Authorizing SROs shall not be liable for any resulting liability, loss or damages that may arise therefrom.
DURATION; SURVIVAL – This Agreement remains in effect for so long as Subscriber has the ability to receive Market Data as contemplated by this Agreement. In addition, Vendor may terminate this Agreement at any time, whether at the direction of the Authorizing SROs or otherwise. Paragraphs 2, 3 and 4, and the first two sentences of Paragraph 8, survive any termination of this Agreement.
MISCELLANEOUS – The laws of the State of New York shall govern this Agreement and it shall be interpreted in accordance with those laws. This Agreement is subject to the Securities Exchange Act of 1934, the rules promulgated under that act, and the joint-industry plans entered into pursuant to that act. This writing contains the entire agreement between the parties in respect of its subject matter. Subscriber may not assign all or any part of this Agreement to any other person. The person manifesting assent to this agreement below represents and warrants that it has legal capacity to contract and, if that person is manifesting assent on behalf of a proprietorship or a business, partnership or other organization, represents and warrants that he or she has actual authority to bind the organization.

ACCEPTED AND AGREED: I, the "Subscriber" to which the preceding terms and conditions refer, acknowledge that I have read the preceding terms and conditions of this Section 1, that I understand them and that I hereby manifest my assent to, and my agreement to comply with, those terms and conditions by "clicking" on the following box:

SECTION 2: NONPROFESSIONAL SUBSCRIBER

NONPROFESSIONAL SUBSCRIBER DEFINITION - "Nonprofessional Subscriber" means any natural person whom Vendor has determined to qualify as a "Nonprofessional Subscriber" and who is not: (a) registered or qualified with the Securities and Exchange Commission (the "SEC"), the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association. (b) engaged as an "investment advisor" as that term is defined in Section 201(11) of the Investment Advisor's Act of 1940 (whether or not registered or qualified under that Act), nor (c) employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt. A person who works outside of the United States will be considered a “Securities Professional” if he or she performs the same functions as someone who would be considered a “Securities Professional” in the United States. Subscriber may not receive Market Data as a “Nonprofessional Subscriber” unless the vendor providing that data to Subscriber first determines that the individual falls within Paragraph 9’s definition of “Nonprofessional Subscriber.”
PERMITTED RECEIPT - Subscriber may not receive Market Data from Vendor, and Vendor may not provide Market Data to Subscriber, on a “Nonprofessional Subscriber” basis unless Vendor first properly determines that Subscriber qualifies as a “Nonprofessional Subscriber” as defined in Paragraph 9 and Subscriber in fact qualifies as a “Nonprofessional Subscriber.”
PERMITTED USE – If Subscriber is a Nonprofessional Subscriber, he or she shall receive Market Data solely for his or her personal, non-business use.
PERSONAL AND EMPLOYMENT DATA – As a prerequisite to qualifying as a "Nonprofessional Subscriber", Subscriber shall provide the following information:

I AGREE
Subscriber’s name and address
Subscriber’s occupations
Name(s) and address(es) of employer(s)
Subscriber’s title(s) and/or position(s)
Subscriber’s employment functions (description)

Subscriber shall notify Vendor promptly in writing of any change in his or her circumstances that may cause him or her to cease to qualify as a Nonprofessional Subscriber.
CERTIFICATION – By clicking on the following box, Subscriber hereby certifies that he or she falls within Paragraph 9's definition of "Nonprofessional Subscriber" and that the personal and employment information that he or she has included in Paragraph 11 is truthful and accurate.

I AGREE

ACCEPTED AND AGREED: I, the "Subscriber" to which the preceding terms and conditions refer, acknowledge that I have read the preceding terms and conditions of this Section 2, that I understand them and that I hereby manifest my assent to, and my agreement to comply with, those terms and conditions by "clicking" on the following box:

I AGREE

Standard Market Data Vendor Agreement

Schedule DUNIFORM SUBSCRIBER ADDENDUM (USA)VENDOR: DTN, LLC.

Electronic Signature
Exchanges: CBOE Futures Exchange | CBOE Indexes | CBOT | CME | CME S&P Cash Indexes | DME | ICE Futures U.S. | ICE Futures Europe – Commodities | ICE Futures Europe - Financials | ICE Futures Canada | ICE Endex | NYMEX | COMEX | CME EUROPE

DEFINITIONS
- "Device" means any unit of equipment, fixed or portable, that receives, accesses or displays Market Data in visible, audible or other comprehensible form.
- "Force Majeure Event" means any flood, extraordinary weather conditions, earthquake or other act of God, fire, war, terrorism, insurrection, riot, labor dispute, accident, action of government, communications or power failures, or equipment or software malfunctions.
- "Person" means any natural person, proprietorship, corporation, partnership, limited liability company or other organization.
- "Market Data" means information and data pertaining to futures contracts and options contracts or similar derivative instruments traded on the Exchanges as well as associated index data, that includes, without limitation, opening and closing range prices, high-low prices, settlement prices, current bid and ask prices, last sale prices, price limits, requests for quotations, estimated and actual contract volume data, text messages pertaining to market activity, contract specifications, fast or late messages and, as determined by each of the Exchanges, may include information respecting exchange-for-physical (EFP) or against actuals (AA) transactions. With respect to Subscriber’s obligations under this Addendum, Market Data includes information, data and materials that are derived from the foregoing and that convey information to Subscriber that is substantially equivalent to Market Data.
PROPRIETARY RIGHTS IN THE MARKET DATA.
- Subscriber acknowledges and agrees that each of the Exchanges has exclusive and valuable property rights in and to its own Market Data, that such Market Data constitute valuable confidential information, trade secrets and/or proprietary rights of each of the Exchanges, not within the public domain, that such Market Data shall remain valuable confidential information, trade secrets and/or proprietary rights of each of the Exchanges at least until the Exchanges place their respective Market Data in the public domain or authorize placement of their respective Market Data in the public domain, and that, but for this Addendum, Subscriber would have no rights or access to such Market Data. Whether or not a particular Exchange has placed its Market Data in the public domain or has authorized the placement of its Market Data in the public domain shall be determined according to the terms of such Exchange’s agreement with Vendor, which agreement is described in Section 3(a).
- Subscriber acknowledges and agrees that disclosure of any Market Data, or any breach or threatened breach of any other covenants or agreements contained herein, would cause irreparable injury to each of the Exchanges for which money damages would be an inadequate remedy. Accordingly, Subscriber further acknowledges and agrees that each of the Exchanges shall be entitled to specific performance and injunctive and other equitable relief from the breach or threatened breach of any provision, requirement or covenant of this Addendum (including, without limitation, any disclosure or threatened disclosure of Market Data) in addition to and not in limitation of any other legal or equitable remedies which may be available.
RECEIPT OF MARKET DATA BY SUBSCRIBER.
- Vendor and Subscriber have entered into an agreement by which Vendor will, among other things, provide Subscriber with Market Data. Vendor has entered into agreements with each of the Exchanges whereby Vendor has been granted the right to receive Market Data and to retransmit the same to Subscriber. This Addendum to the agreement between Vendor and Subscriber sets forth the terms and conditions upon which Subscriber may receive and use Market Data. Subscriber acknowledges that, notwithstanding such agreement, each of the Exchanges may, in its discretion, discontinue disseminating its own Market Data or change or eliminate its own transmission method, speed or signal characteristics. In addition, Subscriber acknowledges and agrees that the Exchanges reserve the right to disapprove any Subscriber and retain the right to direct Vendor to terminate any Subscriber’s receipt of Market Data for any reason or no reason, in which event Exchanges shall so notify Vendor and Vendor shall cease providing Market Data to Subscriber as soon as practicable.
- (1) Except as provided in (2) below, Subscriber will use Market Data only for its own internal business activities and only at the offices and locations and on the Devices designated by Subscriber in writing to Vendor from time-to-time. (The term “for its own internal business activities”, as used in the immediately preceding sentence herein, means for Subscriber’s (a) trading, for its own account or for the account of its customers, of commodity futures contracts, options on commodity futures contracts or similar derivative instruments, or (b) evaluating, for its own internal business decisions or advice to its customers, the movements or trends in markets for commodity futures contracts, options on commodity future contracts, or like derivative instruments, subject to all of the limitations set forth below in this sub-paragraph as to the telephonic disclosure to customers of a necessary and de minimis number of segments of Market Data.) Subscriber agrees that it will not communicate or otherwise furnish, or permit to be communicated or otherwise furnished, the Market Data, in any format, to any other party or any office or location other than that designated above, nor allow any other party to take, directly or indirectly, any of the Market Data from such offices or locations, and will adopt and enforce any policy that is reasonable to prevent the Market Data from being taken therefrom. Subscriber specifically agrees, without limiting or varying its obligations under paragraph 7 herein or otherwise set forth in this Addendum, that Subscriber shall not use or permit another person to use any Market Data for the purposes of determining or arriving at any price, including any settlement prices, for commodity futures contracts, options on commodity futures contracts, or like derivatives instruments traded on any exchange other than the Exchanges. Subscriber will abide by any other limitations on such use that any of the Exchanges may specify. Subscriber will use its best efforts to ensure that its partners, officers, directors, employees and agents maintain sole control and physical possession of, and sole access to, Market Data received through Devices in Subscriber's possession. (2) Notwithstanding (1) above, Subscriber may, in the regular course of its business, occasionally furnish, to each of its customers, branch offices, and guaranteed introducing brokers, in a quantity restricted to that necessary to enable Subscriber to conduct its business, a de minimis number of segments of Market Data. Such redissemination must be strictly limited to telephonic communications not entailing the use of computerized voice synthesization or any other technology and must be strictly related to the trading activity of Subscriber or any such recipients. Any such recipients must be advised by Subscriber that such segments are proprietary and confidential information not to be disclosed or disseminated to other persons or entities. Subscriber agrees to make all reasonable efforts to ensure that such recipients abide by the provisions of this Addendum. Notwithstanding the foregoing, in the event that a Subscriber is a newspaper which reports on, among other things, exchanges on which commodity futures contracts or options on commodity futures are traded, such Subscriber shall be permitted to publish, in its newspaper published for the day following the receipt by such Subscriber of the Market Data, the Market Data received by Subscriber from Exchanges on the day prior to such publication.
- In the event that Vendor has agreed to permit Subscriber to receive, access or display Market Data through means other than a Vendor-provided Device, such as by means of: (i) the Internet, any Intranet or any other type of network; (ii) portable Devices (e.g., pocket pagers, personal digital assistants, laptop computers, etc.); and (iii) synthesized voice responses over telephones, Subscriber will use its best efforts to ensure that no other device, attachment or apparatus is used which may allow 3rd parties not subject to Subscriber's reporting obligations under Section 3(b) above to access the Market Data.
REPORTING. Subscriber agrees to furnish promptly to Vendor any information or reports that may be required by any of the Exchanges as applicable and that is reasonably related to Subscriber’s receipt of Market Data. Subscriber further agrees to furnish promptly to Vendor any additional information or reports that may be required by the agreement between Vendor and Subscriber referred to in Section 3(a) as it relates to Subscriber’s receipt of Market Data.
RIGHT OF INSPECTION AND AUDIT. During regular business hours, any Persons designated by any Exchange may have access to Subscriber's offices or locations in order to observe the use made of the Market Data and to examine and inspect any Devices, attachments or apparatuses, as well as any books and records required to be maintained by Subscriber under Sections 3(b) and 4 in connection with its receipt and use of Market Data. Subscriber will make prompt adjustment (including interest thereon at the rate of 1½% per month), through Vendor, to compensate any Exchange that discovers an under-reported use of the Market Data by Subscriber. In addition, at the election of any such Exchange, Subscriber will be liable for the reasonable costs of any audit that reveals a discrepancy in such Exchange's favor of five percent (5%) or more of the amount of fees actually due such Exchange. Subscriber shall maintain the records and books upon which it bases its reporting for CBOE, CBOT, CME, CME Europe, or ONE CHICAGO Market Data for three (3) years following the period to which the records relate. Subscriber shall maintain the records and books upon which it bases the reporting for NYMEX, COMEX, ICE FUTURES US, ICE FUTURES EUROPE (Commodities and Financials), or ICE FUTURES CANADA Market Data for six (6) years following the period to which the records and books relate. In the event that Subscriber fails to retain such records and books as required above, Subscriber agrees to pay each Exchange's reasonable estimate of any discrepancy discovered pursuant to any such audit.
EXCHANGE FEES. Subscriber will pay Vendor (unless Vendor has assumed Subscriber’s payment obligations hereunder), for and on behalf of each of the Exchanges (as applicable), for the right to receive Market Data in accordance with the then-current fee schedule published by each of the Exchanges from time-to-time (including any and all applicable federal, state or local taxes). Each Exchange’s fees are subject to modification by each of them at any time, without prior notice to Subscriber. In addition, Subscriber agrees to pay Vendor any penalties assessed against Subscriber by Vendor on behalf of any Exchange. Nothing herein shall limit a Vendor’s obligation pursuant to separate agreement between Vendor and any of the Exchanges (as applicable) to pay Exchange fees.
COVENANTS, REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber covenants, represents and warrants that it is not engaged in the business of distributing Market Data and that, to its knowledge after reasonable inquiry, it is receiving the Market Data from a Vendor that is authorized by the Exchanges to distribute the Market Data. Subscriber agrees that it will not use or permit any other Person to use Market Data for any illegal purpose. Subscriber agrees that it will not use Market Data in any way to compete with the Exchanges or Vendor, nor use the Market Data in any way so as to assist or allow a 3rd party to compete with the Exchanges or Vendor. Subscriber agrees that the provision of Market Data by the Exchanges hereunder is conditioned upon Subscriber’s strict compliance with the terms of this Addendum and that Vendor may, with or without notice and with or without cause, forthwith discontinue said service whenever in its judgment there has been any default or breach by Subscriber of the provisions hereof, or whenever directed to do so by any of the Exchanges.
DISCLAIMER OF WARRANTIES. SUBSCRIBER AGREES THAT NEITHER VENDOR NOR THE EXCHANGES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKET DATA, OR THE TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE.

I AGREE

LIMITATIONS OF LIABILITY AND DAMAGES. Subscriber agrees that: (i) the provision of Market Data is made with equipment, communications devices, and/or leased lines not owned or operated solely by Vendor or the Exchanges; (ii) neither Vendor nor the Exchanges, nor their respective members, directors, officers, employees or agents, guarantees the sequence, accuracy or completeness of the Market Data, nor shall any of them be liable to Subscriber or any other Person for any delays, inaccuracies, errors or omissions in Market Data, or in the transmission thereof, or for any other damages arising in connection with Subscriber’s receipt or use of Market Data, whether or not resulting from negligence on their part, a Force Majeure Event or any other cause beyond their reasonable control; and (iii) if the fore-going disclaimer and limitation of liability should be deemed invalid or ineffective by a court of competent jurisdiction, neither Vendor nor the Exchanges, nor their respective members, directors, officers, employees, or agents shall be liable for any of the foregoing beyond the actual amount of loss or damage, or the sum of fifty dollars ($50.00), whichever is less.

I AGREE

TERMS AND TERMINATION. Subject to Subscriber’s strict compliance with the provisions of this Addendum, the provision Market Data by any of the Exchanges hereunder will continue in force during the term of the agreement between Subscriber and Vendor and any renewal term thereof. In addition, it is understood that the provisions set forth in paragraphs 2(a) and 2(b) of this Addendum shall survive the termination of this Addendum.
INDEMNIFICATION. Subscriber will indemnify, defend and hold Vendor and the Exchanges, and their respective members, directors, officers, employees and agents harmless from and against any and all claims arising out of or in connection with this Addendum, including, without limitation, any liability, loss or damages (including, without limitation, attorneys’ fees and other expenses) caused by any inaccuracy in or omission from, Subscriber’s failure to furnish or to keep, or Subscriber’s delay in furnishing or keeping, any report required to be kept by Subscriber hereunder.

I AGREE

MISCELLANEOUS. In case of any breach by Subscriber of its obligations hereunder, each of the Exchanges will be considered to be a 3rd party beneficiary of this Addendum and may bring an action to enforce its terms directly against Subscriber. Any action arising out of this Addendum between the CFE, CBOT, CME, CME Europe or ONE CHICAGO and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of Illinois. Any action arising out of this Addendum between NYMEX, COMEX, ICE ENDEX, ICE FUTURES US, ICE FUTURES EUROPE (Commodities or Financials), or ICE FUTURES CANADA and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of New York. Subscriber may not assign all or any part of this Addendum without the prior written consent of the Exchanges (as applicable). Neither Vendor nor Subscriber may modify or amend the terms of this Addendum. In the event of any conflict between the terms and conditions of this Addendum and any other agreement relating to Subscriber's receipt and use of Market Data, including, without limitation, the agreement between Vendor and Subscriber referred to in Section 3(a), the terms and conditions of this Addendum will prevail. If, for any reason, one or more provisions of this Addendum is held invalid, the other provisions of the Agreement shall remain in full force and effect.

Non-Professional Application Agreement For Receipt Of Canadian Exchange Group Market Data

“Canadian Exchange Group” or “CEG” means TSX Inc. (“TSX”) and TSX Venture Exchange Inc., together with such other Persons as may become CEG members from time to time. CEG members have appointed TSX as agent for the purposes of entering into this and other agreements necessary for provision of Market Data to Subscriber on their behalf, and to establish the terms and conditions under which Market Data is to be made available to Subscriber. For the purposes of this Agreement, “Canadian Exchange Group” or “CEG” shall refer to the members comprising Canadian Exchange Group jointly and severally.
“Interrogation Device” means any device or equipment, including, without limitation, any computer, data processing equipment, communications equipment, terminal, Cathode Ray Tube (“CRT”) or monitor, which is authorized by CEG to receive the Market Data from a Supplier or which does in fact receive Market Data from a Supplier, and which at any time during any month either (i) displays, transmits or communicates the Market Data to any individual in visible, audible, or other comprehensible form or (ii) uses or processes the Market Data for any purpose or in any manner other than solely to transmit Market Data to devices as described in the preceding clause (i). The term “Interrogation Device” includes any device or equipment which is capable of being used as an “Interrogation Device”.
“Market Data” means any information provided through the facilities of TSX and/or CEG, directly or indirectly, relating to (i) securities or other financial instruments, markets, products or indices; (ii) information, data and services from 3rd Party Contributors; and (iii) other information and data, and includes, without limitation, order data provided from CEG and 3rd Party Contributors.
“Non-Professional” shall mean a natural person who is not a securities professional and who is acting in his/her personal capacity and not as a principal, officer, partner, employee nor agent of any business nor on behalf of any individual. This definition excludes brokers, dealers, investment advisors or persons otherwise employed by organizations conducting professional activities involving the buying and selling of instruments, such as stocks, bonds, options, futures contracts and other trading vehicles. Also excluded are persons engaged as consultants, independent contractors, software developers and others that use market information for any purpose for profit other than the trading of that person’s personal account

A NON-PROFESSIONAL CANNOT BE REGISTERED OR QUALIFIED WITH:

A provincial Securities Commission;
Securities Exchange Commission;
Commodities Futures Trading Commission;
Any provincial, state or other government securities agency;
Any securities exchange or association;
Any commodities or futures contract market or association or other entity that performs functions that are equivalent to those of such Persons.
1. “Person” includes any natural person or proprietorship or any corporation, partnership or other organization.
2. “Receipt of Market Data” means the physical capability whether used or not of successfully retrieving Market Data through the means of an Interrogation Device.
3. "Subscriber" means any Person in Receipt of Market Data through facilities furnished by the Supplier and who has accepted the terms and conditions of this Agreement.
4. "Supplier" means any Person delivering Market Data to Subscriber.
5. “3rd Party Contributor” means any Person, other than the members of CEG, who provides any information to CEG for dissemination by CEG pursuant to the terms of this Agreement.

CEG DISTRIBUTION OF 3rd PARTY CONTRIBUTOR MARKET DATA
CEG and 3rd Party Contributors have entered into agreements whereby 3rd Party Contributors have made their Market Data available to CEG for distribution to Subscriber. In consideration of CEG and 3rd Party Contributors, as applicable, making Market Data available to Subscriber pursuant to this Agreement, Subscriber agrees to the terms and conditions of this Agreement
PROPRIETARY INTEREST IN MARKET DATA
Subscriber understands and acknowledges that CEG and/or 3rd Party Contributors have a proprietary interest in the Market Data and that the same is not within the public domain. Any Market Data that is provided directly or indirectly to Subscriber by CEG pursuant to this Agreement has been derived from databases owned by CEG and/or 3rd Party Contributors, is copyrighted by CEG and/or 3rd Party Contributors, and as such Subscriber's use of such Market Data is subject to the limitations set out in this Agreement.
DATA SECURITY
1. RETRANSMISSION PROHIBITED - Subscriber shall use Market Data only for its individual use. Subscriber shall not furnish Market Data to any other person nor retransmit Market Data without prior written approval from CEG.
2. EQUIPMENT SECURITY - Subscriber understands that this Section 4 requires Subscriber to carefully locate and protect Interrogation Devices in Subscriber’s possession. Subscriber shall abide by any written requirements that CEG specifies to regulate the location or connection of Subscriber Interrogation Devices or to otherwise assure compliance with this Section 4. Subscriber guarantees that any Person installing or maintaining Subscriber Interrogation Devices will comply with this Section 4.
DATA NOT GUARANTEED (A) NO WARRANTIES - THE SUBSCRIBER AGREES THAT CEG AND 3rd PARTY CONTRIBUTORS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKET DATA, ITS TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. (B) NO GUARANTY – CEG and 3rd Party Contributors do not guarantee the timeliness, sequence, accuracy or completeness of Market Data or other market information or messages disseminated by CEG. CEG and 3rd Party Contributors will not be liable in any way to Subscriber or to any other Person for: (a) any inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) transmission or delivery of any such data, information or message, or (b)any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission (ii) non-performance, or (iii) interruption in any such data, information or message, due either to any negligent act or omission by CEG or 3rd Party Contributors or “force majeure” (i.e., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications or power failure, equipment or software malfunction) or any other cause beyond reasonable control of CEG or 3rd Party Contributors.
DISSEMINATION DISCONTINUANCE OR MODIFICATION
CEG may discontinue disseminating any type of Market Data, may change or eliminate any transmission method and may change transmission speed or signal characteristics. CEG and 3rd Party Contributors shall not be liable for any resulting liability, loss or damages to Subscriber.
ENTIRE AGREEMENT; MODIFICATIONS
This writing contains the entire Agreement between the parties in respect of its subject matter. This Agreement supersedes each previous Agreement between Subscriber and CEG pursuant to which Subscriber has been receiving Market Data. In the event that Subscriber has previously submitted an executed agreement to CEG in respect of the Receipt of Market Data from a Supplier other than that indicated herein, and Subscriber is continuing to receive Market Data from such Supplier, this Agreement shall serve as a companion agreement to the agreement previously submitted to CEG. The parties may only modify this Agreement in writing signed by or on behalf of each of them.
ASSIGNMENTS
Subscriber may not assign all or part of this Agreement without the written consent of CEG.
GOVERNING LAW; CONSTRUCTION
This Agreement shall be governed and interpreted by the laws of the Province of Ontario, Canada. In prohibiting Subscribers in doing any act, this Agreement also prohibits Subscriber from doing the act indirectly (e.g., by causing or permitting any other Person to do the act).
INDEMNIFICATION
The Subscriber shall indemnify and hold harmless and defend CEG and 3rd Party Contributors, their members, governors, directors, managers, officers, employees and agents, from and against any and all suits, proceedings at law or in equity, and any and all liability, loss or damage, including reasonable legal fees, arising out of or in connection with the Subscriber’s use of Market Data.
NOTICES; NOTIFICATION OF CHANGES Subscriber shall send communications relating to this Agreement to their data supplier and TSX Inc The Exchange Tower 130 King Street West Toronto, ON M5X 1J2, Canada Attention: TSX Datalinx
CEG may each change its address for notice by written notice to Subscriber. Subscriber shall give CEG prompt written notice of any change in (a) its representations and warranties hereunder, and (b) any other information provided to CEG by Subscriber in connection with the receipt of Market Data.

SUBSCRIBER’S REPRESENTATIONS AND WARRANTIES
Subscriber represents and warrants that it is a Non-Professional, as defined herein.
FAILURE TO QUALIFY
- Non-Qualification - Subscriber understands that if CEG determines at any time that Subscriber does not qualify as a Non-Professional subscriber, Subscriber may continue to receive Market Data only after entering into one or more appropriate agreements with CEG. CEG may deny Subscriber the opportunity to enter into such agreement(s) if Subscriber’s failure to qualify results from wilful misrepresentations or omissions or from wilful breach of this Agreement.
- Retroactive Payment - In the event that a determination of non-qualification is based upon a misrepresentation made herein by Subscriber, or a failure by Subscriber to update information provided to CEG, CEG may notify Subscriber in writing (i) of such determination, (ii) of the period, as determined by CEG, during which Subscriber received Market Data but did not qualify as a Non-Professional Subscriber and (iii) of the amount, calculated at CEG’s then-current Professional Subscriber rates, applicable to such period. Within thirty (30) days of receipt of such notice, Subscriber shall pay such amount to CEG.

I AGREE
Electronic Signature

Please make sure all agreements are checked, and all fields are filled out. Thank You.

SUBSCRIBER ADDENDUM

This addendum is by and between DTN and insert ("Subscriber") (the "Subscriber Addendum"). The Distributor and Subscriber are each a "Party" and collectively the "Parties".

Background
- (A) Distributor has entered into an agreement with Chicago Mercantile Exchange Inc (or its successors or assignees) ("CME") whereby CME Group has granted the Distributor (which may include certain other Affiliates of Distributor authorized by CME (collectively the "Distributor Group")) the right to receive certain market data and other financial information licensed by CME, (the "CME Licensed Information") and to retransmit the same to Subscriber and certain Affiliates of Subscriber (as agreed between Distributor and Subscriber) (the "Subscriber Group").
- (B) In turn, Distributor and Subscriber have entered into an agreement, by which Distributor Group will, among other things, provide Subscriber Group with CME Licensed Information and may include, under the same agreement, other market data sublicensed from other exchanges (the "Distribution Agreement").
- (C) This Subscriber Addendum is an addendum to the Distribution Agreement and sets forth the additional terms and conditions upon which Subscriber Group may receive and access the CME Licensed Information, but does not apply to any other market data that may be sublicensed to Subscriber Group, on behalf of any other exchange besides CME, under the Distribution Agreement.
Definitions
The below definitions apply only to the terms set out in this Subscriber Addendum and do not amend the Distribution Agreement for any other purpose. All other capitalized terms used in this Subscriber Addendum, have the same meaning as defined in the Distribution Agreement, unless otherwise stated herein.
- Affiliate: an entity that controls, is controlled by or is under common control with a Party. Control means the ownership or control, directly or indirectly, of at least fifty percent (50%) or more of all of the voting shares (or other securities or rights) entitled to vote for the election of directors or other governing authority.
- Automated Trading System: any system or software operated by Distributor that generates and/or routes orders electronically with no, or only de minimis, human action involved in generating, sending and/or verifying orders.
- Benchmark Information: CME Licensed Information designated by CME as benchmark information in the Information Policies.
- CME Group: CME and its Affiliates.
- CME Licensed Information Product: certain specified instruments of CME Licensed Information, grouped as one data product, as specified in the Information Product Fee Schedule.
- Confidential Information: all information disclosed by the Parties in connection with this Subscriber Addendum, which should reasonably be considered as confidential because of its nature and the manner of its disclosure including but not limited to the CME Licensed Information.
- Day: a calendar day.
- Device: any display unit (fixed or portable) which has the ability to access, receives, processes or displays the CME Licensed Information, whether in whole or part, through the Service. CME reserves the sole right to determine what constitutes a Device.
- Distributor Group: Distributor and its Affiliates.
- Futures and Options on Futures Information: the CME Licensed Information that originates from Designated Contract Markets (DCM) as defined in the Commodities Exchange Act 1936 (as amended and updated) or any other equivalent legislation. Such DCMs include, but are not limited to the CME, NYMEX, COMEX, CBOT and DME, DCMs.
- Information Policies: the policies applicable to CME Licensed Information as set out on the CME website (currently located at www.cmegroup.com/informationpolicies) as they may be amended from time to time.
- Information Product Fee Schedule: the document issued by Distributor to Subscriber, describing the CME Licensed Information licensed by Distributor on behalf of CME and the corresponding fees.
- Internal Controls: the electronic systems (including software and hardware), network configurations, rules, procedures, and policies which, taken together and to the satisfaction of CME: (i) identify the ability to access CME Licensed Information; (ii) permit access to CME Licensed Information using a defined Unit of Count; (iii) prevent any unauthorized access to CME Licensed Information; and (iv) retain auditable records of the forgoing.
- Intellectual Property Rights: patents, trademarks, service marks, trade and service names, domain names, copyrights, topography rights, database rights, design rights, trade secrets and other intellectual property, proprietary or moral rights, whether or not they are registered and including all applications and rights to apply for registration, and all similar or equivalent rights, anywhere in the world.
- Managed User Non-Display: a Service authorized by CME that facilitates the Non-Display Use of CME Licensed Information by a Subscriber who is an individual natural person.
- Non-Display Use: non-viewable use of CME Licensed Information in any system, process, program, machine or calculation other than in order to display or distribute CME Licensed Information for display. Such use may include, but is not limited to, calculation of P&L, portfolio valuation, order processing, use within Automated Trading Systems and automated order routing.
- Person: means any natural person, proprietorship, corporation, partnership, limited liability company or other organization.
- Personal Data: any information relating to an identified or identifiable natural person.
- Privacy Center: the CME Group Inc. Privacy Center on the CME website (currently located at http://www.cmegroup.com/privacy-policy.html) as may be amended from time to time.
- Service: any medium provided by, or on behalf of, Distributor or a Distributor Group entity, through which the CME Licensed Information is made available.
- Unit of Count: the unit of measure that is used for the assessment of fees and or reporting. Unless otherwise advised by CME, Device is the default Unit of Count in respect of CME Licensed Information. If a Device is configured to access multiple Services, then each ability to access a Service on that Device will be one Unit of Count, for example, a laptop running three (3) Services shall be counted as three (3) Devices.
Subscriber Addendum Term
This Subscriber Addendum is effective as of the date the CME Licensed Information was first made available by Distributor to a Subscriber Group entity and will continue until terminated in accordance with the provisions herein (the "Subscriber Addendum Term").
Receipt of CME Licensed Information by Subscriber Group
- Subject to the terms and conditions of this Subscriber Addendum, during the Subscriber Addendum Term, Subscriber Group is permitted to access CME Licensed Information via the Service and display such CME Licensed Information on a Device for its own internal business activities.
- All Non-Display Use of CME Licensed Information requires a direct license with CME.
Internal Controls
SUBSCRIBER WARRANTS (ON BEHALF OF ITSELF AND THE REST OF THE SUBSCRIBER GROUP) TO BOTH DISTRIBUTOR AND CME, THAT DURING THE SUBSCRIBER ADDENDUM TERM, SUBSCRIBER GROUP SHALL AT ALL TIMES HAVE IN PLACE AND MAINTAIN EFFECTIVE INTERNAL CONTROLS IN ACCORDANCE WITH CME'S INFORMATION POLICIES, USING CME'S UNIT OF COUNT AND WILL MAINTAIN AUDITABLE EVIDENCE OF THE OPERATION OF THE INTERNAL CONTROLS AND SUBSCRIBER WILL AT ALL TIMES FAMILIARIZE ITSELF WITH SUCH INFORMATION POLICIES.
CME Licensed Information
Subscriber acknowledges and agrees on behalf of Subscriber Group that:
- Subscriber Group shall not redistribute CME Licensed Information outside of Subscriber Group. Notwithstanding the forgoing, should any entity within the Subscriber Group wish to distribute CME Licensed Information outside of the Subscriber Group, then Subscriber must seek permission from CME directly.
- Subscriber Group shall not misrepresent CME Licensed Information or deface or remove any trademarks transmitted with CME Licensed Information.
- Subscriber Group shall not access or use CME Licensed Information for any illegal purpose and agrees, that each Subscriber Group entity, will only access or use CME Licensed Information, in accordance with the laws and regulations of the jurisdiction in which they operate.
- Subscriber Group shall not use the CME Licensed Information or any portion thereof, in the creation, distribution, settlement or maintenance of any derivative work unless Subscriber Group is licensed to do so by CME.
- CME and CME licensors, hold all right, title and interest in and to CME Licensed Information and the Intellectual Property Rights in the CME Licensed Information, and in the format in which CME Licensed Information is transmitted by CME.
- It consents to CME Group's use of the Personal Data as described in the Privacy Center, and represents and warrants to CME Group, that each Subscriber Group entity, has either obtained valid consents from those individuals to whom the Personal Data relates, or has satisfied an applicable legal basis, pursuant to all applicable laws.
- If CME permits the Subscriber Group to redistribute CME Licensed Information, Subscriber Group shall not distribute, or permit distribution, of CME Licensed Information to any entity located in any country subject to comprehensive sanctions by the Office of Foreign Assets Control and/or identified on the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List.
- Subscriber Group shall not use Benchmark Information other than for display on one or more Devices.
- If Subscriber is licensed for Managed User Non-Display of CME Licensed Information, then Subscriber will not use the CME Licensed Information for any other purpose without a separate license with CME or Distributor.
Subscriber Reporting Obligations
- Subscriber Group will maintain complete and accurate books and records, relating to all Units of Count that had the ability to access CME Licensed Information ("Records"), and retain such Records, for the most recent five (5) year period.
- FOR THE AVOIDANCE OF DOUBT, THE DEFAULT UNIT OF COUNT FOR FUTURES AND OPTIONS ON FUTURES INFORMATION IS ALWAYS DEVICE (UNLESS OTHERWISE ADVISED BY CME).
- In addition to any other Units of Count that Subscriber is required to report to Distributor, Subscriber is required to report to Distributor on a date agreed between Subscriber and Distributor, the maximum number of Devices within the Subscriber Group, that have the ability to access CME Licensed Information, each month, via each Service covering each CME Licensed Information Product.

Electronic Signature

CBOE Subscriber Agreement

Cboe Global Markets Data Subscriber Agreement

This Cboe Global Markets Data Subscriber Agreement (this "Agreement"), with an effective date as of the last date executed on the signature page hereof, is made by and between the vendor referenced below ("Vendor") and the subscriber referenced below ("Subscriber").

1. Definitions

Capitalized terms used herein shall have the meanings set forth in this Section 1.

"Affiliate" means with respect to an entity, another entity that, from time to time, directly or indirectly Controls, is Controlled by, or is under common Control with it.
"Cboe" means the applicable Cboe Contracting Entity specified in Section 26 of the Cboe Global Markets Global Data Agreement ("GDA"), as may be modified from time to time.
"Cboe Global Markets" means Cboe Global Markets, Inc. and any successor organization to Cboe Global Markets, Inc.
"Cboe Indemnified Parties" means, collectively, Cboe, its Affiliates and Third-Party Information Providers, and its and their respective owners, officers, directors, employees, contractors, and agents.
"Cboe System" means any system Cboe or its Affiliates have developed for creation and/or dissemination of Data.
"Claims and Losses" means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, proceedings, costs, judgments, settlements, and expenses of any nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (a) indirect, special, punitive, consequential, or incidental loss or damage, and (b) administrative costs, investigatory costs, litigation costs, and auditors' and attorneys' fees and expenses (including in-house personnel).
"Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of another entity, whether through the ownership of voting securities, by contract, or otherwise.
"Data" means certain data and other information disseminated by a Cboe System (a) relating to securities or other financial instruments, products, vehicles, currencies, indices, values, indicators, markets or other means; (b) related to Persons regulated by an Exchange or to activities of an Exchange; or (c) made available by Cboe as Cboe may designate from time to time.
"Data Policies" means such policies with respect to receipt, use and/or distribution of Data as Cboe or its Affiliates may adopt and make publicly available from time to time.
"Exchange" and "Exchanges" means, individually or collectively, any Affiliate of Cboe Global Markets that operates a national securities exchange, designated contract market, alternative trading system, multilateral trading facility, recognized exchange, regulated investment exchange, or other organized trading venue.
"Non-Professional Subscriber" means a Non-Professional Data User, Non-Professional User, or Non-Professional Customer, each as defined in the applicable Data Policies. Refer to Exhibit A attached hereto for definitions of these terms.
"Person" means any individual, corporation, limited liability company, trust, joint venture, association, company, limited or general partnership, unincorporated organization, or other entity.
"Professional Subscriber" means a Professional Data User, Retail-Professional Data User, Professional User or Professional Customer, each as defined in the applicable Data Policies. Refer to Exhibit A attached hereto for definitions of these terms.
"Regulatory Requirements" means (a) the rules, regulations, interpretations, decisions, opinions, orders and other requirements of any applicable regulatory authority, such as the Securities and Exchange Commission and the Financial Industry Regulatory Authority (for U.S. activities) and the member jurisdictions of the Canadian Securities Administrators and the Investment Industry Regulatory Organization of Canada (for Canadian activities) and the Australian Securities and Investments Commission (for Australian activities); (b) the rules and regulations, disciplinary decisions and rule interpretations of the Exchanges; (c) the Exchanges' decisions, policies (including without limitation the Data Policies), Interpretations, user guides, operating procedures, specifications, requirements and other documentation that is regulatory or technical in nature published on Cboe Global Markets' website or successor website; and (d) all other applicable laws, statutes, rules, regulations, orders, decisions, interpretations, opinions and other legal or regulatory requirements in effect in the respective national, state, provincial, local, or other relevant jurisdictions in which the Exchanges are located.
"Subscriber" means, collectively, all Non-Professional Subscribers and Professional Subscribers.
"Third-Party Information Providers" means Persons that are not Affiliates of Cboe and that are the source and/or owner of Data distributed under this Agreement or are involved in any aspect of creating or providing Data distributed under this Agreement. For example, and not as a limitation, this definition includes Persons that are not Affiliates of Cboe that create, own, license and/or provide Data to Cboe (such as providers of indexes and other values), and Persons whose information or methodology is used to create Data distributed by Cboe (such as providers of input data used to calculate indexes or other values), and licensors of indexes used as the underlying for index options, futures or other derivative contracts for which Cboe distributes Data.
"Vendor" means "Data Recipient," as that term is defined in the GDA, as may be modified from time to time.
"Vendor's Service" means the service from a Vendor, including the data processing equipment, software, and communications facilities related thereto, for receiving, processing, transmitting, using, and disseminating Data to or by Subscriber.

2. Use of Data

Subscriber may not sell, lease, furnish, or otherwise permit or provide access to Data to any other Person or to any other office or place. Subscriber will not engage in the operation of any illegal business use or permit anyone else to use Data, or any part thereof, for any illegal purpose or violation of any Regulatory Requirements. Subscriber may not present Data rendered in any unfair, misleading, or discriminatory format. Subscriber shall take reasonable security precautions to prevent unauthorized Persons from gaining access to Data. Subscriber shall not use, or permit any third party to use, any Data (i) as input data (e.g., as a constituent or signal) in the creation or calculation of any index or similar work or to create input data for use in the creation or calculation of any index or similar work, or (ii) to create any financial instrument, investment product, or investment strategy that is based on, or seeks to match the performance of, values included in the Data, except as authorized in writing by Cboe or a Cboe Affiliate or, with respect to any Data owned by a third party, the applicable Third-Party Information Provider.

(a) Use by Non-Professional Subscribers

Data is licensed only for personal, non-commercial use by a Non-Professional Subscriber. By representing to Vendor that Subscriber is a Non-Professional Subscriber, or by continuing to receive Data at a Non-Professional Subscriber rate, Subscriber is affirming to Vendor and Cboe that Subscriber meets the definition of Non-Professional Subscriber as set forth herein. A Non-Professional Subscriber shall comply promptly with any reasonable request from Cboe, or its designee, for information regarding the Non-Professional Subscriber's receipt, processing, display, use, and redistribution of Data.

(b) Use by Professional Subscribers

Data is licensed for internal business use and/or personal use by a Professional Subscriber. Professional Subscriber may furnish limited amounts of Data to customers in written advertisements, correspondence, or other literature or during voice telephonic conversations not entailing computerized voice, automated information inquiry systems, or similar technologies, so long as any such furnishing is not regular or systematic and occurs only on an ad hoc occasional and infrequent basis. Professional Subscriber shall make its premises available to Cboe, or its designee, for physical inspection of Vendor's Service and of Professional Subscriber's use of Data (including review of any records regarding use of or access to Data and the number and locations of all devices that receive Data), all at reasonable times and upon reasonable notice, to ensure compliance with this Agreement.

3. Proprietary Data

Cboe grants to Subscriber a non-exclusive, non-transferable license during the term of the Agreement to receive Data distributed to it by Vendor and, thereafter, to use such Data as permitted under the terms of this Agreement and applicable Regulatory Requirements. Subscriber acknowledges and agrees that Cboe and its Affiliates have proprietary rights to Data that (a) originates on or relates to trading on any of the Exchanges; (b) relates to activities that are regulated or operated by one or more of the Exchanges; (c) Cboe derives from Data that originates on or relates to any of the Exchanges; and (d) is a compilation of information and data that Cboe gathers from other sources pursuant to separate agreements with those sources. Subscriber further acknowledges and agrees that Cboe's Third-Party Information Providers (i) have exclusive proprietary rights in their respective information and data, and (ii) may impose certain requirements on the use and distribution of their respective information and data or information derived from their information and/or data that may be more restrictive than the rights set forth herein, and accordingly Subscriber's rights under this Agreement with respect to Data including or based on such third-party information and data is subject to any such requirements imposed by the subject Third-Party Information Provider from time to time, notwithstanding any terms and conditions of this Agreement to the contrary. In the event of any misappropriation or misuse by Subscriber or anyone who accesses Data through Subscriber, Cboe or its Affiliates or Third-Party Information Providers shall have the right to obtain injunctive relief for its respective materials. Subscriber shall attribute the source of Data as appropriate under all circumstances.

4. Payment

Subscriber shall assume full and complete responsibility for the payment of any taxes, charges, or assessments imposed on Subscriber or Cboe (except for taxes, if any, imposed on the net income of Cboe) by any foreign or domestic national, state, provincial, or local governmental bodies, or subdivisions thereof, and any penalties or interest relating to the provision of Data to Subscriber. Interest shall be due from the date of the invoice to the time that the amounts that are due have been paid. To the extent permitted by applicable law, Subscriber acknowledges and agrees that the termination of Vendor's Service for failure to make payments shall not be considered an improper limitation of access by Cboe. For Professional Subscribers, if any payment is due directly to Cboe under this Agreement, payment in full is due Cboe in immediately available funds within 30 days of the date of an invoice, whether or not use is made of, or access it made to, Data. Subscriber agrees to pay Cboe any applicable late fees on all past due amounts that are not the subject of a legitimate and bona fide dispute.

5. Cboe System

Subscriber acknowledges that Cboe, in its sole discretion, may from time to time make modifications additions, and/or deletions to the Cboe System or Data or any aspect of either. Such modifications additions, or deletions may require corresponding changes to be made to Vendor's Service. Changes or the failure to make timely changes by Vendor may sever, delay, or otherwise affect Subscriber's access to or use of Data. Cboe shall not be responsible for any such effects. Cboe does not endorse or approve any Vendor, Vendor's Service, or equipment utilized by Vendor or Subscriber.

6. Limitation of Liability

To the maximum extent permitted by law, Cboe Indemnified Parties shall not be liable to Subscriber or to any other Person for any inaccurate or incomplete Data received from Cboe or from Vendor, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect, or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors, or omissions. This Section shall not relieve Cboe, Vendor, Subscriber, or any other Person from liability for damages that result from their own gross negligence or willful tortious misconduct or from personal injury or wrongful death claims. Cboe, Vendor, and Subscriber understand and agree that the terms of this Section reflect a reasonable allocation of risk and limitation of liability.

7. Disclaimer of Warranties

SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT Cboe INDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Third-Party Information Providers' Limitation of Liability

Cboe's Third-Party Information Providers shall have no liability for any damages, whether direct or indirect, whether lost profits, indirect, special, or consequential damages of Subscriber or any other Person seeking relief through Subscriber relating to the accuracy of or delays or omissions in any Data provided by Cboe's Third-Party Information Providers, even if the Third-Party Information Providers have been advised of the possibility of such damages. In no event will the liability of the Third-Party Information Providers or their affiliates to Subscriber or any other Person seeking relief through Subscriber pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by Subscriber or any other Person seeking relief through Subscriber, as applicable.

9. Claims and Losses

Subscriber agrees to indemnify and hold harmless Cboe Indemnified Parties from any and all Claims and Losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by Subscriber with the terms and conditions hereof; or (b) any third-party actions related to Subscriber's receipt and use of Data, whether authorized or unauthorized under this Agreement. Each party agrees to indemnify and hold harmless (and in every case, Cboe shall be permitted to solely defend and settle) another party (including Cboe) and their owners, subsidiaries, Affiliates, officers, directors, employees, agents, and any related Persons, against any Claims and Losses arising from, involving, or relating to a claim of infringement or other violation of an intellectual property right by the indemnifying party provided that: (a) the indemnified party promptly notifies the indemnifying party in writing of the Claims and Losses; and (b) the indemnified party reasonably cooperates in the defense of the Claims and Losses.

10. Termination

Subscriber acknowledges that Cboe, when required to do so in fulfillment of statutory obligations or otherwise, may by notice to Vendor unilaterally limit or terminate the right of any or all Persons to receive or use Data, or any part thereof, and that Vendor shall immediately comply with any such notice and terminate or limit the furnishing of Data and confirm such compliance by written notice to Cboe. Any affected Person will have available to it such procedural protections as are provided by applicable Regulatory Requirements. In addition to the termination rights permitted under any agreement Subscriber may have with Vendor, this Agreement may be terminated by Subscriber upon 30 days' written notice to Vendor and by Cboe upon 30 days' written notice either to Vendor or Subscriber. In the event of Subscriber's breach, the discovery of the untruth of any representation or warranty of Subscriber, or where directed by a regulatory authority having jurisdiction over Cboe or a Cboe Affiliate, Cboe may terminate this Agreement upon not less than 3 days' written notice to Subscriber provided either by Cboe or Vendor.

11. Notices

All communications required to be given in writing to Cboe under this Agreement shall be directed to the address or email address of Cboe set forth in the Data Policies. All communications required to be given in writing under this Agreement by Vendor to Subscriber or by Subscriber to Vendor shall be directed to the respective email address listed for the Vendor or Subscriber, as the case may be, on the signature page hereof. Direct communication by Cboe to Subscriber at the last address known to Vendor shall be considered given (a) upon actual receipt if delivered by email, or (b) upon posting the notice or other communication on Cboe Global Markets' website or successor website. Subscriber promptly shall give written notice to Vendor of any change in the name or place of residence or business at which Data is received.

12. Assignment

This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective permitted successors and assigns. Neither Vendor nor Subscriber shall assign this Agreement in whole or in part (including by operation of law) without the prior written consent of Cboe, provided, however, that Cboe shall not unreasonably withhold such consent. Notwithstanding the foregoing, Vendor or Subscriber may assign this Agreement in its entirety to an Affiliate or subsidiary without the prior written consent of Cboe, provided that the assigning party is not currently in breach of this Agreement or delinquent in any fees owed to Cboe. Cboe may assign or transfer this Agreement or any of its rights or obligations hereunder to a related or unrelated party upon notice to Vendor and Subscriber.

13. Severability

Each provision of this Agreement is intended to be severable. If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, such provision of this Agreement shall be severed and the illegality, invalidity or unenforceability of that provision will not affect: (i) the legality, validity or enforceability of the remaining provisions of this Agreement; or (ii) the legality, validity or enforceability of that provision in any other jurisdiction.

14. Entire Agreement; Amendment; Waiver

This Agreement constitutes the complete and entire agreement of the parties to this Agreement with respect to its subject matter and shall supersede all prior writings or understandings with respect thereto. If there is any conflict and/or inconsistency between this Agreement and Vendor's agreement with Subscriber, the terms of this Agreement shall prevail as between Cboe and Subscriber. Notwithstanding anything to the contrary in Sections 9 and 15, nothing in this Agreement shall be construed to mean that either party is required to take any action, provide any defense, or subject itself to any jurisdiction, that is contrary to, or prohibited by, or otherwise in violation of any applicable laws or regulations. Cboe may modify any term of this Agreement upon 90 days' written notice either to Vendor or Subscriber, and any receipt or use of Data after such date shall be deemed acceptance of the new term or condition. The means of notifying Subscriber of such amendment may include, but not be limited to, emailing such term or condition to Vendor or posting such alteration on the Website upon written notice to Vendor. Cboe may amend this Agreement without notice where the amendment is to introduce a new Data product. No failure on the part of Cboe or Subscriber to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under the Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

15. Governing Law; Venue

The parties agree that the law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement, and the courts that have jurisdiction over any such dispute or lawsuit, are determined as specified in Section 26 of the GDA.

16. Headings

Section headings are included for convenience only and are not to be used to construe or interpret this Agreement. All references contained herein to sections or subsections shall refer to the sections or subsections of this Agreement, unless specific reference is made to the sections or subsections of another document.

17. Third-Party Beneficiary

Vendor and Subscriber hereby designate Cboe and Third-Party Information Providers as third-party beneficiaries of this Agreement, having the right to enforce any provision herein.

18. Cumulative Remedies

Except as otherwise limited herein, all rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, equity, by statute, in any other agreement between the parties or otherwise.

19. Counterparts

This Agreement may be executed in one or more counterparts, which shall each be considered an original but all of which shall constitute one and the same Agreement.

20. Language

The parties confirm that it is their wish that this Agreement be written in the English language only.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized officers. To execute this Agreement, you must be 18 years of age and you must designate yourself as either a NonProfessional Subscriber or Professional Subscriber (see Section 2 above).

Subscriber Name (Enter N/A if Firm/Organization)
Subscriber Email

SECTION B (Organizational Subscriber Information) * The Representative must be authorized in writing by the organization or firm to execute the Agreement. Cboe may request documentation evidencing this authority.

Representative Name (Enter N/A if not applicable)
Representative Title (Enter N/A if not applicable)
Representative Email (Enter N/A if not applicable)
Representative Signature (Enter N/A if not applicable)

Complete Purchase

First Name*
Last Name*
Address*
Suite/Apt
City*
State/Province*
Zip/Postal Code*
Country*
Intl Phone Prefix
Phone Number*
Email Address*
Confirm Email*
Credit Card#*
CC Exp Date*
Please add the numbers
+ =
Billing Policy Kinetick Service Fees Kinetick service fees are pro-rated for the current calendar month. Following months will be billed in advance on the first of the month for each subsequent monthly renewal term. Exchange Fees Unlike Kinetick service fees, exchange fees are NOT pro-rated for the current calendar month. The exchanges charge full month exchange fees for any calendar month in which you are entitled to receive data thus, you will be charged full month exchange fees regardless of when you started your Kinetick service. Following months will be billed in advance on the first of the month for each subsequent monthly renewal term. Click here to view a billing example. Kinetick and exchange fees are non-refundable regardless if the service has been accessed.
I have read and agree to the Billing Policy above.
I have read and agree to the Terms and Agreement. Learn More…
Privacy Policy

Subscriber Terms and Conditions

DTN, LLC, LLC. (hereinafter referred to as "Kinetick") operates online or electronic services that distributes various information (the "Service").

Your access to the Service is conditioned upon acceptance of this Agreement. To accept these terms, click "Accept" under all applicable sections. Clicking "Accept" means that You agree to the terms and conditions set forth herein. Clicking "Reject" means that You do not agree to these terms and conditions, at which time you will not be allowed to access the Service.

All of the terms and conditions agreed to for the Service, including terms and conditions of certain Sources, may collectively and hereinafter be referred to as the "Agreement". The business entity, person, or user entering into this Agreement may be referred to as the "Subscriber", "I", "My", "You", or "Your", and all such terms may be used interchangeably throughout this Agreement. Kinetick and Subscriber may hereinafter be referred to each as a "party" or collectively as the "parties".

Part 1 - Subscription Period

SUBSCRIPTION PERIOD: I hereby agree to subscribe to the Service for the period that I select during the registration process ("Initial Term") commencing on the date that the Service is first made available. Upon expiration of such Initial Term, this Agreement shall automatically be renewed for successive renewal terms (each a "Renewal Term") equal to the Initial Term and at then-current Kinetick prices, terms, and conditions unless either party provides written notice of non-renewal to the other party at least fifteen (15) days in advance of the Initial Term or any Renewal Term. The Initial Term and Renewal Term may hereinafter be referred to collectively as the "Term".

NON-RENEWAL OF SERVICE: Subscriber must notify Kinetick by completing the online cancel request form located at https://kinetick.com/Help#!Help_CancelService if it elects non-renewal of the Initial Term or any Renewal Term provided under this Agreement.

Part 2 - Payment Terms

I hereby agree to pay any and all fees for the Services that I elect to purchase, including any fees required by the Sources (i.e. Chicago Mercantile Exchange, Kansas City Board of Trade, NASDAQ, etc.), or which are required to change or upgrade the Service, or renew it beyond the Initial Term. If Kinetick or its Sources change or increase the fees for or associated with the Service, then Kinetick will notify Subscriber of such changes at least thirty (30) days prior to the end of the Initial Term or any subsequent Renewal Term. All such fees exclude sales or use taxes (PST and GST taxes for Canadian Subscribers), and Subscriber may also be charged for any applicable federal, state, or local taxes as required by taxing authorities. Subscriber hereby agrees to make all payments under this Agreement by credit card and in U.S. dollars. Customer shall be liable for all costs of collection, including attorney's fees.

Part 3 - General Terms & Conditions

License Grant and Limitations of Use. Kinetick herby grants Subscriber a limited, non-exclusive, non-transferable license to use the Service solely for its personal or internal business purposes only. Subscriber shall not reproduce, publish, distribute, or sell the Service in any manner or format without the express written consent of Kinetick. Subscriber further warrants that it shall not allow any person or entity to intercept or otherwise obtain, directly or indirectly, Kinetick’s transmission of the Service. If Subscriber manually or automatically transfers the Service to any data processing and/or storage devices, then Subscriber's agrees that the Service will be displayed on a single terminal or video screen and will fully comply with all Source rules and policies.

Regulators and Sources. A portion of the information transmitted through the Service may consist of prices, quotations, news, and related market and statistical information in regards to certain market data, securities, or commodities, and Kinetick has obtained a license to distribute such information through the Service from various 3rd parties, including but not limited to certain exchanges and contributors, each of which may referred to as a "Source". Subscriber agrees and acknowledges that the Service is the exclusive property of Kinetick and its Sources, not within the public domain. Subscriber shall comply with rules and regulations, including but not limited to any reporting requirements, which are applicable to each Source or governmental entities having jurisdiction. Subscriber agrees to execute and deliver to Kinetick all agreements and other information required by each applicable Source and further agrees to execute and deliver to Kinetick any amendments to any agreements with or required by the Sources which may be required in the future. Subscriber understands and acknowledges that some sources have reserved the right to terminate Service prior to the end of this Agreement. In such event, Kinetick’s obligation to provide Service from a terminating Source shall cease and Subscriber's payment obligation shall be adjusted accordingly. Nevertheless, the balance of this Agreement shall not be affected by such partial termination. Further distribution of the Service beyond the limitations outlined herein may subject Subscriber to penalties, fines, additional fees, or liabilities imposed by the Sources, all of which are the sole responsibility of Subscriber. Subscriber further agrees and acknowledges that Kinetick may disclose Subscriber information (except for credit card information) to any Source, government, or regulatory agency without liability to Kinetick for such disclosure.

Warranty. Subscriber agrees and acknowledges that any Service provided pursuant to this Agreement is only advisory in nature, and that the Service may be based on data provided by 3rd parties. Subscriber further agrees and acknowledges the highly speculative nature of the financial and commodity markets, and understands that there are no claims, promises, representations, or warranties of any nature, expressed or implied, with respect to the Service. Kinetick cannot and does not warrant or assume responsibility for the accuracy of the Service. Kinetick’s sole obligation and Subscriber's exclusive remedy in the event of any material and continuing non-conformity, defect, or error in the Service shall be to take reasonable corrective actions upon discovery of the problem.

LIMITED LIABILITY AND INDEMNIFICATION. NOTWITHSTANDING THE FOREGOING, NEITHER Kinetick NOR ANY OF ITS SOURCES MAKE ANY WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE FOR ANY PARTICULAR USE OR PURPOSE, OR ANY WARRANTY THAT SUCH SERVICE MAY BE RELIED UPON FOR TRADING PURPOSES (SUBSCRIBER SHALL INDEPENDENTLY DETERMINE MARKET PRICES FOR TRADING PURPOSES THROUGH ITS OWN CUSTOMERY TRADING CHANNELS). IN NO EVENT WILL Kinetick OR ANY OF ITS SOURCES BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE BY Kinetick OR ITS SOURCES, AND IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF Kinetick OR ITS SOURCES UNDER THIS AGREEMENT (INCLUDING ANY ADDENDA) EXCEED THE TOTAL SERVICE FEES PAID BY SUBSCRIBER TO Kinetick DURING THE PRECEDING ONE MONTH PERIOD. IN NO EVENT WILL Kinetick, ITS SOURCES, OR THEIR MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF Kinetick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER WILL INDEMNIFY AND HOLD HARMLESS Kinetick AND ITS SOURCES FROM ANY CLAIM (NOT EXCLUDING THE RIGHT OF Kinetick OR ITS SOURCES TO PARTICIPATE) DUE TO SUBSCRIBER'S BREACH OF ANY PROVISION UNDER THIS AGREEMENT, OR DUE TO ANY DELAY, INACCURACIES, ERRORS, OR OMISSIONS OF SERVICE OR DATA PROVIDED BY Kinetick, AND SHALL PAY FOR ALL EXPENSES AND ATTORNEYS' FEES RELATING TO SUCH CLAIM.

Termination by Kinetick. Kinetick or its Sources may discontinue the Service, or any portion thereof, for cause and without notice, if Subscriber commits any material breach of this Agreement, including but not limited to, the failure of Subscriber to make any payments due hereunder. In addition, Kinetick or its Sources may discontinue the Service, or any portion thereof, without cause and upon thirty (30) days notice to Subscriber, in which case Subscriber will only be liable for the Service fees due up through the date of termination.

Confidentiality. Subscriber acknowledges, consents, and agrees that Kinetick may access, preserve, or disclose its account information, and any consent if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes, (ii) enforce any agreement between Subscriber and Kinetick, (iii) respond to claims that any content violates the rights of 3rd parties, (iv) respond to Subscriber's request for customer service, or (v) protect the rights, property or personal safety of Kinetick, its customers, and the public. Notwithstanding the foregoing, any and all information or material which is marked proprietary or confidential and is disclosed or communicated to either party by the other as contemplated by the terms of this Agreement shall remain confidential and proprietary to the disclosing party and shall be used by the receiving party in accordance with the same procedures which such party uses to protect its own proprietary information, unless such information or material (i) is already known to the party receiving it, (ii) is or becomes publicly known through no wrongful act of the receiving party, (iii) is received from a 3rd party without restriction and without breach of this Agreement, (iv) is independently developed by the receiving party, (v) becomes public knowledge by any means beyond the receiving party's control, or (vi) is required by law to be disclosed.