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Exchange Agreements

DISCLOSURE - PLEASE READ

Subscribers to the Information must sign The NASDAQ OMX Group, Inc. ("NASDAQ OMX") Subscriber Agreement ("Agreement") or its equivalent in order to receive the Information (Refer to definition in Section 12). While all terms are important, NASDAQ OMX asks that you pay particular attention to the following conditions. For additional information, refer to the sections referenced at the end of each condition.

Restrictions on uses and transfers: The subscriber ("Subscriber") may not provide access to information described herein ("Information") or transfer this Agreement to others. The Information is only for use as described by the Non-Professional or Professional Subscriber (for U.S. Information) and Business or Private (for non-US. Information) definitions. [Section 12]

Most types of damages are excluded and remaining damages are limited: NASDAQ OMX is not liable for trading losses, lost profits or incidental, consequential or other indirect damages, even if the Information is untimely or incorrect. Other damages (if any) are strictly limited (in contract, tort or otherwise) to a capped amount. [Section 6 and Section 7]

No implied or statutory warranties or duties: All warranties and duties (if any) are eliminated. There are no express warranties, except for a Limited Warranty regarding efforts only. Stock quotes might not be current and/or accurate. [Section 7]

Subscriber provides an indemnity: Subscriber indemnifies NASDAQ OMX and holds NASDAQ OMX harmless for any Claims or Losses (as described in Section 9) resulting from Subscriber's breach of the Agreement, from Subscriber's infringement of a third-party's intellectual property rights or from any third-party lawsuit related to Subscriber's use or receipt of Information. [Section 9]

Governing Law; Construction: Everything relating to this Agreement is governed by the laws as detailed in per Appendix 1. For Information received, this Agreement shall be deemed to have been made in the jurisdiction of the applicable NASDAQ OMX Market as detailed in Appendix 1. [Appendix 1]

No oral amendments and only NASDAQ OMX may amend: The Agreement may not be altered orally and may only be altered by NASDAQ OMX pursuant to an agreement procedure which includes notice to either the Subscriber or the Distributor. Failure to terminate the Agreement before, or use of Information thereafter, an amendment will be the Subscriber's consent (or confirmation of earlier consent) to the amendment. [Section 10 and Section 11]

Distributors can impact Subscriber's rights but not NASDAQ OMX's rights: A Distributor does not have the authority to change the Agreement. Distributors are obligated to provide notice of NASDAQ changes to the Subscriber. However, if they do not, NASDAQ OMX's notice to the Distributor is still effective, as to Subscriber including notice of cancellation. [Section 10 and Section 12].

Requirements of Self-Regulatory Organization; Actions To Be Taken In Fulfillment of Statutory Obligations. Distributor acknowledges that NASDAQ OMX may be under certain restrictions when offering the Information, as detailed in Appendix 1. [Section 1]

Please review the following terms and conditions of the NASDAQ OMX Global Subscriber Agreement before you complete the Signature Section: You must be 18 years of age and must designate yourself as either a Non-Professional or Professional and Business or Private Subscriber in the following section, based on the definitions provided in Section 12. To qualify as Non-Professional or Private Subscriber, you must meet all the terms set forth in Section 12.

By completing this section, I agree to the terms and conditions set forth in this NASDAQ OMX Global Subscriber Agreement.

The Agreement appears below. If you are at least 18 years old, sign it as either a Professional or a Non-Professional Subscriber by clicking on the "Signature Confirmed" button below.

SIGNATURE SECTION: This section incorporates all terms of The Nasdaq Subscriber Agreement by this reference.
Do you qualify as a non-professional as defined in Section 1 (a) of the Agreement?  Yes No
 
A. MANDATORY FOR ALL SUBSCRIBERS
Subscriber: "Enter your name, example "John Doe"."
Signature: "Enter Name or Other Symbol of your Signature"
Date:
 
B. AGENT USE ONLY (complete only if you signed on behalf of the Subscriber)
Print Name: "Enter Name of person signing for Subscriber"
Title: Other Chief Executive Officer Chief Operating Officer
Managing Director  President  Senior Vice-President Vice-President
Other:
("Enter Title only if you have the same contracting authority as the listed titles but your title is different")
 
If you signed the Agreement, make a copy for your records (electronically or otherwise). If you did not intend to sign, or signed electronically in error, click on "Cancel". To confirm your signature and the accuracy of the information above click on "Signature Confirmed" which will submit the Agreement and legally bind Subscriber to the Agreement.

Click here to view full Nasdaq Stock Market Subscriber Agreement

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Investment products are not FDIC insured, not bank guaranteed, and may lose value.
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