This Nasdaq Global
Data Subscriber Agreement ( “Agreement”) is made by and between The
Nasdaq Group, Inc. LLC., a Delaware corporation whose principal offices are
located at One Liberty Plaza, 165 Broadway, New York, NY 10006 (collectively,
with its affiliates and subsidiaries “Nasdaq”), and Subscriber, as
identified below. The Agreement is dated as of the date Subscriber's assent is
submitted electronically to Nasdaq by typing "I Agree" where noted below.
The Service and the
terms and conditions governing Subscriber’s access, are more fully defined and
set forth in the Agreement. The terms and conditions of the Agreement are
incorporated by reference as if fully set forth herein.
All notices and other communications (except for invoices) required to be given
in writing under this Agreement shall be directed to the signatories or, in the
alternative, to the individuals identified in subsections (a) and (b) below and
shall be deemed to have been duly given (i) upon actual receipt (or date of
first refusal) by the parties, or (ii) upon constructive receipt (or date of
first refusal) if sent by certified mail, return receipt requested, or any other
delivery method that actually obtains a signed delivery receipt, to the
following addresses or to such other address as any party hereto shall hereafter
specify by prior written notice to the other party or parties below, or (iii)
upon posting the notice or other communication on
www.NASDAQOMXTrader.com or a successor site. If an email address is provided, Nasdaq may, in lieu
of the above, give notice to or communicate with Subscriber by email addressed
to the persons identified in subsection (a) or to such other email address or
persons as Subscriber shall hereafter specify by prior written notice. By
providing an email address, Subscriber agrees that any receipt received by
Nasdaq from Subscriber’s service provider or internet computer server
indicating that the email was received shall be deemed proof that Subscriber
received the message. If Subscriber cannot see or printout all or any portion of
the message, Subscriber agrees that it is Subscriber’s responsibility to contact
Nasdaq at (301) 978–5307.
The means of notifying Subscriber of any new term or
modification to a term of the Agreement may include, but not be limited to,
emailing notice of such new term or modification to Subscriber or posting such
alteration on
www.NASDAQOMXTrader.com or a successor site.
By completing this section, Subscriber agrees that it has read and agrees to be
bound by the terms and conditions set forth in the Nasdaq Global Data Subscriber Agreement. Both the Subscriber and the person executing on behalf of the
Subscriber warrant that the Subscriber is legally able to undertake the
obligations set forth in and the signatory is duly authorized to bind the
Subscriber to the Nasdaq Global Data Subscriber Agreement.