American Stock Exchange 86 Trinity Place New York, NY 10006-1881 |
Market
Communications Tel: (212) 306-1340 Fax: (212) 306-2086 |
Agreement for Receipt of Consolidated Network B Data and Amex Market Data |
This agreement permits the undersigned "Subscriber" to arrange with authorized vendors or with the American Stock Exchange, Inc. ("AMEX"), as appropriate, to receive any one or more Types of Market Data* for interrogation* display, tape* display or other purposes not entailing retransmission. This Agreement governs whichever Type(s) of Market Data, means of receipt and use(s) Subscriber receives, arranges and makes. Subscriber and AMEX agree to all terms and conditions of this Agreement.
(Type or Print)
Subscriber's Name (Company):_______________________________________ | Taxpayer ID or Social Security Number:_______________________________ |
Address:_________________________________________ | Type of Business:______________________________ |
City, State, Zip:___________________________________ | Tel. No.:_______________________________ |
Country:_________________________________ | Fax No.:_______________________________ |
SUBSCRIBER Name (Individual):_______________________________________ |
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Title:____________________________________________ | ||
By (Subscriber Authorized Signature):_______________________________________ | ||
Dated:__________________________________________ |
Indicate following memberships: | ||
American
Stock Exchange, Inc. Boston Stock Exchange, Inc. Chicago Board Options Exchange, Inc. |
Chicago
Stock Exchange, Inc. Cincinnati Stock Exchange, Inc. National Association of Securities Dealers, Inc. |
New York
Stock Exchange, Inc. Pacific Stock Exchange, Inc. Philadelphia Stock Exchange, Inc. |
PART 1: PROVISIONS OF GENERAL APPLICABILITY
1. DEFINITIONS
(a) "Authorizing SRO" means each of the authorizing self-regulatory
organizations (i.e., each CTA Plan Participant, each CQ Plan Participant and AMEX).
(b) "Interrogation" as used to differentiate devices and displays, refers
to (i) displaying Market Data for a security in response to Subscriber's specific
inquiries or (ii) displaying changes in Market Data as they occur for a limited number of
securities specified by Subscriber.
(c) "Market Data" means (i) CTA Network B last sale information, (ii) CQ
Network B quotation information, (iii) AMEX Index Information and (iv) each other category
of market information made available by AMEX as the AMEX may designate from time to time.
Each of the above categories includes all information that derives from the category's
information. Last sale prices and information deriving from those prices cease to be
"Market Data" 15 minutes after the Authorizing SRO(s) make the prices available
over their low speed data transmission facilities. AMEX may alter such period from time to
time on 60 days' written notice to Subscriber.
(d) "AMEX Securities Information" means the Types of Market Data
enumerated or referred to in clauses (iii) and (iv) of Paragraph 1(c).
(e) "Person" includes any natural person or proprietorship or any
corporation, partnership or other organization.
(f) "Processor" means the processor under the CTA Plan and CQ
Plan.
(g) "Subscriber Device" means a component of Subscriber Equipment*
that provides an interrogation display, a tape display or both displays.
(h) "Subscriber Equipment" means any display device, computer,
software, wires, transmission facility or other equipment by which Subscriber receives,
displays or otherwise uses Market Data.
(i) "Tape" as used to differentiate devices and displays, refers
to displaying on a current and continuous basis (i) Market Data as currently made
available (or as may be made available in the future) over the data transmission
facilities of one or more Authorizing SROs or as retransmitted by an authorized vendor or
(ii) a subset of the Market Data so made available or retransmitted that Subscriber
selects on the basis of, for example, transaction size or security.
(j) "Type of Market Data" means the Market Data in any of the
categories enumerated or referred to in Paragraph 1(c).
2. PROPRIETARY NATURE OF DATA - Each Authorizing SRO asserts a proprietary
interest in its "Relevant Market Data" (i.e. the Market Data that it furnishes
to the Processor and in case of AMEX, that it otherwise makes available).
3. AMEX CAPACITY; ENFORCEMENT - Whenever this Agreement requires
"AMEX" to take any action, or to receive any payment, information or notice, as
to any Type of Market Data, AMEX acts on behalf of the Authorizing SRO(s) for the Type of
Market Data. Any authorizing SRO may enforce this Agreement as to its Relevant Market
Data, by legal proceeding or otherwise, against Subscriber and may likewise proceed
against any person that obtains its Relevant Market Data other than as this Agreement
contemplates. Subscriber shall pay the reasonable attorneys' fees that any Authorizing SRO
incurs in enforcing this Agreement against Subscriber.
4. CHARGES
(a) PAYMENT - Subscriber shall pay in United States dollars the applicable
charge(s) as from time to time in effect, plus any applicable tax. Charges apply for
receipt of Market Data whether or not used.
(b) BILLING - Subscriber will be billed in advance for recurring data and
equipment charges on a periodic basis (monthly unless otherwise notified) based upon
information that Subscriber or authorized vendors report. Subscriber will be billed upon
incurrence for one time charges, such as those relating to installations, relocations and
provision of additional equipment facilities. Subscriber shall pay invoices promptly upon
receipt. Errors in and omissions from invoices, and errors or delays in sending, or
failures to send or receive, invoices, do not relieve Subscriber of its payment
obligations.
5. DATA SECURITY
(a) RETRANSMISSIONS PROHIBITED - Subscriber shall use Market Data only for
its individual use in its business. Subscriber shall neither furnish Market Data to any
other person nor retransmit Market Data among its premises.
(b) CONTROL OF EQUIPMENT - Subscriber shall assure that it or its partners
or officers and employees have sole control or physical possession of, and sole access to
Market Data through, Subscriber Equipment.
*Whenever an asterisk follows the first use of a term, Paragraph 1 defines the term.
AMEX | 10M/KD/1193 |