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Market Data

Exchange, Third Party Provider Contracts & Disclaimers

Required by NASDAQ for receipt of Information from NASDAQ1

1Subscriber accessing NASDAQ Information agrees: (a) that it has read and agrees to be bound by the NASDAQ Global Subscriber Agreement; (b) that neither ICE Data nor any of its Affiliates are agents of NASDAQ and are not authorized to add to or delete from the NASDAQ Global Subscriber Agreement and are not authorized to modify any provision of the NASDAQ Global Subscriber Agreement; and (c) that no provision has been added to or deleted from the NASDAQ Global Subscriber Agreement and that no modifications have been made to it.

Required by NASDAQ for receipt of Information from the UTP Plan2

2Subscriber accessing UTP Plan Information agrees: (a) that it has read and agrees to be bound by the UTP Plan Subscriber Agreement; (b) that neither ICE Data nor any of its Affiliates are agents of the UTP Plan and are not authorized to add to or delete from the UTP Plan Subscriber Agreement and are not authorized to modify any provision of the UTP Plan Subscriber Agreement; and (c) that no provision has been added to or deleted from the UTP Plan Subscriber Agreement and that no modifications have been made to it.

Required by NYSE for receipt of NYSE and NYSE American

Required by NYSE and NYSE American if the exchange fees will not be paid directly by you

Included for informational purposes only

Required by NYSE for Non-Professionals for receipt of Market Data

Required by OPRA for receipt of data

Required by OPRA if the exchange fees will not be paid directly by you

Required by CEG for Non-Professionals for receipt of data

Required by CEG for Professionals for receipt of data

Required by Cboe for receipt of Data3

3Subscriber agrees that: (a) it has read and agrees to be bound by the Data Subscriber Agreement, a copy of which is attached hereto, and the Cboe Global Markets, Inc. Privacy Notice and Policy (located at www.cboe.com/legal/privacy); (b) ICE Data and its Affiliates (i) are not agents of Cboe Data Services, LLC; (ii) are not authorized to add or delete any terms or provisions from the Data Subscriber Agreement; and (iii) are not authorized to modify any provision of the Data Subscriber Agreement; and (c) no provision has been added to or deleted from the Data Subscriber Agreement and that no modifications have been made to it. Both the Subscriber and person executing on behalf of the Subscriber warrant that the Subscriber is legally able to undertake the obligations set forth therein and the signatory is duly authorized to bind the Subscriber to the Data Subscriber Agreement.

ICE Data users must sign the ICE Subscriber Agreement

Required by Euronext for receipt and use of Delayed and/or Real Time Information

Required by the CME Group for all Non-Professional Subscribers of CME Group, Top of Book services

Required by the CME Group for any Non-Display Use of CME data (also requires a direct license with CME)

Additional restrictions required by the CME Group for any users accessing Real-Time CME data

Required in those instances where Licensee has not entered into a direct agreement with CME Group for Licensee’s receipt and use of CME Data provided to Licensee directly or indirectly by Vendor.

(Generally, Non-Display Use of real-time, and/or delayed CME Data, distribution of CME Data and/or the creation of derivative works using CME Data require approval of CME and a direct agreement with CME.)

Required by FINRA for receipt of FINRA Information

Required for Dataminr real time news and information alerts4

4Users may not use Dataminr data with any other data sources to target individuals for advertising purposes

Required by ICE Benchmark Administration Limited for receipt and use of ICE CRED information and data.

S&P Global Platts Disclaimer

Required by S&P Global Platts for receipt of S&P Global Platts Data5

5S&P Global Platts, Copyright © 2020 by S&P Global Inc. All rights reserved. Use of the S&P Global Platts Service(s) constitutes acceptance of the terms and conditions contained in the Platts Master Subscription Agreement. Reproduction or transmission of S&P Global Platts Services(s) in any form is prohibited except with the prior written permission of S&P Global Platts. S&P Global Platts does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions, regardless of the cause or for the results obtained from the use of such information. S&P GLOBAL PLATTS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P Global Platts be liable for any direct, indirect, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with subscriber’s or others’ use of S&P Global Platts Service(s).

Argus Media Group Disclaimer

Required by Argus for receipt of Argus Data6

6Copyright © 2020 Argus Media Group. All rights reserved. All intellectual property rights in this data and other information presented (the Data) belong to Argus and/or its licensors. Prior license from Argus is required for any use, copying or disclosure of Data. Argus gives no warranties, express or implied, as to the accuracy, adequacy, timeliness, or completeness of the Data or fitness for any particular purpose. Argus shall not be liable for any loss or damage arising from any party’s access to or reliance on the Data and disclaims any and all liability related to or arising out of use of the Data to the fullest extent permissible by law.

OTC Markets Group Disclaimer

Required by OTC Markets Group for receipt of OTC Markets Group Data7

7OTC Markets Group is the owner of the Information (the Data). Subscriber agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any part of, the use of, or access to, the Information (the Data). THE INFORMATION (THE DATA) THAT OTC MARKETS DIRECTLY OR INDIRECTLY PROVIDES IS PROVIDED “AS IS,” AND THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.

London Stock Exchange Group Disclaimer

Required by LSEG for receipt of FTSE or Russell Data8

8Source: London Stock Exchange Group plc and its group undertakings (collectively, the “LSE Group”). © LSE Group [year]. FTSE Russell is a trading name of certain of the LSE Group companies. [INSERT ANY TRADEMARKS USED: e.g., “FTSE®” “Russell®”, “FTSE Russell®”, “FTSE4Good®”, “ICB®”, “Mergent®, The Yield Book®,”] is/are a trade mark(s) of the relevant LSE Group companies and is/are used by any other LSE Group company under license. All rights in the FTSE Russell indexes or data vest in the relevant LSE Group company which owns the index or the data.

Required by FTSE and Russell for receipt of FTSE or Russell Real-Time and/or Delayed Data

ICE Data Pricing & Reference Data, LLC Disclaimer

Certain continuous evaluated prices and yields available in ICE Connect are provided through ICE Data Pricing & Reference Data, LLC (“PRD”) (the “PRD Data”), which is a registered investment adviser with the US Securities and Exchange Commission. Additional information about PRD is available on the SEC's website at adviserinfo.sec.gov. A copy of PRD ’s Form ADV is available here or upon request.

Evaluated securities are typically complicated financial instruments. There are many methodologies (including computer-based analytical modeling and individual security evaluations) available to generate approximations of market value of such securities and there is significant professional disagreement about which is best. No evaluation method, including those used by PRD, may consistently generate approximations that correspond to actual "traded" prices of the instruments and therefore evaluations and analytics provided by PRD may not reflect prices in the markets in which Subscriber trades; Subscriber acknowledges that the PRD Data is intended for use as an aid to institutional investors, registered brokers or professionals of similar sophistication. Subscriber acknowledges that there may be errors or defects in PRD’s software, databases, or methodologies that may cause the resultant PRD Data to be inappropriate for use in certain applications, and user assumes all responsibility for edit checking and external verification of PRD Data, regardless of any efforts made by PRD in this respect. Subscriber accepts responsibility for, and acknowledges it exercises its own judgment in the use of PRD Data, and the results of the use thereof.

CUSIP Global Services Flow-Thru Terms

Required by CUSIP Global Services for receipt of CUSIP Database:

Subscriber agrees and acknowledges that the CUSIP Database is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services (“CGS”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein. Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to CGS and ABA and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, Subscriber agrees that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief.

Subscriber agrees that Subscriber shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal internal processing of security transactions. Subscriber further agrees that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a file of CUSIP descriptions or numbers for any other third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, ELECTRONIC and/or CD-ROM SERVICES.

NEITHER CGS, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND ITS CONTROL.

Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.

In the event Subscriber has a CGS License Agreement that permits broader rights than those granted above, then the terms of that Subscriber CGS License Agreement shall govern such Subscriber’s use of the CUSIP Database and/or any information contained therein for so long as such agreement remains in effect.

S&P Global Flow-Thru Terms

Required by S&P Global for receipt of Market Intelligence Data - Insider Transactions (“S&P Data”):

Subscriber is permitted to download limited portions of the S&P Data included in the Service on Subscriber’s own desktop/computing device, solely for each Subscriber’s own individual internal business use, and not for any centralized, interdepartmental or shared use.

Once downloaded to Subscriber’s computing device, the portions of S&P Data from the Service must remain on Subscriber’s computing device, and may not be uploaded, copied or transferred to, or stored or managed in, any other desktop/computing device, including that of another subcriber, or any device, directory, database or other repository that is shared or can be accessed by others (e.g. the download functionality may not be used to populate master security databases).

Subscriber may download portions of the S&P Data included in the Service only as a convenience in connection with Subscriber’s use of the Service and not as an alternative to obtaining the S&P Data from and/or pursuant to an agreement with S&P.

Additional Terms required by Data Providers for receipt of Digital Asset Data

“Digital Asset Data” means any Data (as defined in this Agreement) relating to assets that are a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network such as cryptocurrencies and other digital tokens, including, but not limited to, pricing, quotes, volume and other trade-related information and any data derived therefrom.

Prohibited Use; Subscriber is prohibited from using the Digital Asset Data to: (i) develop, create, register, issue, price, list, modify, or cause to bring to market, whether directly or indirectly, any new or existing investment product, financial product, exchange-traded fund, or financial contract of any kind; (ii) misrepresent or falsify Digital Asset Data; (iii) engage in the operation of any illegal business use or permit any person to use the Digital Asset Data for any illegal purpose or to violate any applicable law, rule or regulation; or (iv) sublicense, deliver, redistribute, disseminate, or otherwise authorize any person or entity to do any of the foregoing.

No Warranties

SUBSCRIBER ACKNOWLEDGES THAT THERE MAY BE ERRORS OR DEFECTS IN THE DIGITAL ASSET DATA PROVIDED BY ICE DATA AND/OR THE DATA PROVIDERS WHICH MAY CAUSE THEM TO BE INAPPROPRIATE FOR USE BY THE SUBSCRIBER IN CERTAIN APPLICATIONS. ACCORDINGLY, SUBSCRIBER AGREES TO ASSUME ALL RESPONSIBILITY FOR EDIT CHECKING AND EXTERNAL VERIFICATION OF DIGITAL ASSET DATA, AS WELL AS THEIR APPROPRIATENESS FOR USE BY SUBSCRIBER REGARDLESS OF ANY EFFORTS MADE BY ICE DATA AND/OR THE DATA PROVIDERS IN THIS REGARD.

Digital Asset Data provided reflects only such Digital Asset Data as available to ICE Data from time to time, from its Data Providers which does not reflect the entire universe of similar Digital Asset Data available in the market. As such, pricing information, to the extent available by ICE Data through the Digital Asset Data, may be different from pricing provided by other sources not available to ICE Data. Moreover, the Digital Asset Data is, in most instances, provided to ICE Data through a third party intermediary and not directly from the venue/market on which the Digital Asset Data is traded.

Subscriber acknowledges that the value of digital assets can be volatile and there can be a substantial risk in investing in Digital Assets and ICE Data makes no representations or warranties concerning the real or perceived value of digital assets as denominated in any quoted currency.

Indemnification

ICE Data, its Affiliates, and the Data Providers (collectively, the "ICE Indemnitees”) shall not be liable for any claim or demand against Subscriber by a third party relating to the Digital Asset Data except for the third party infringement claims as set forth in the subsection below.

Any indemnification obligation by ICE Data with respect to third party claims that the Digital Asset Data infringes upon any third party intellectual property right shall be provided only to the extent ICE Data receives an infringement indemnity from the relevant Data Provider. For avoidance of doubt, in the event there are multiple third party intellectual property claims from customers of ICE Data, including Subscriber, resulting from the same allegation of infringement, such claims shall be deemed to be part of the same intellectual property claim for the purposes of this subsection. Furthermore, Subscriber’s patent, copyright or other proprietary rights infringement claims and any associated costs or expenses shall be solely defended or settled through ICE Data.

Third Party Beneficiaries; For the purposes of this Agreement, Data Providers of the Digital Asset Data including but not limited to Blockstream Corporation Inc., as applicable, are express, direct and intended third-party beneficiaries of this Agreement with full rights of enforcement.