OPTIONS PRICE REPORTING AUTHORITY
Nonprofessional Subscriber Application &
Agreement
(Last Sale & Quotation Information for Personal
Nonbusiness Use Only)
To: |
Telemet America, Inc.
325 First Street
Alexandria, VA 22314 |
(Name & Address of Vendor) |
The undersigned ("Applicant") hereby applies to
the Vendor named above ("Vendor") for approval as a Nonprofessional Subscriber
to receive for personal nonbusiness use current options last sale information and current
options quotation information (the "Information") published by the Options Price
Reporting Authority ("OPRA") pursuant to a Plan declared effective by the
Securities and Exchange Commission. In reviewing and approving this Application and
Agreement, Vendor is authorized to act on behalf of the OPRA participants, which are those
national securities exchanges and associations who, from time to time, are parties to said
Plan. Applicant acknowledges that all representations and agreements made herein and all
payments made hereunder are for the benefit of the OPRA participants.
For the purpose of this Application and Agreement,
Applicant hereby represents and agrees as follows (type or print all answers; attach
separate sheets if necessary):
- Applicants full name and residence address:
____________________________________________________________
____________________________________________________________
____________________________________________________________
- Name and address of Applicant's employer(s) and/or
Applicant's other business address(es):
____________________________________________________________
____________________________________________________________
____________________________________________________________
- Location where the information is to be received by
Applicant (state "Portable" if information is to be received on portable
equipment):
____________________________________________________________
____________________________________________________________
____________________________________________________________
- A description of the equipment to be used by Applicant in
receiving the information (identify number and types of devices; include mfr. and model
no. if available):
____________________________________________________________
____________________________________________________________
____________________________________________________________
- As a condition of being approved as a Nonprofessional
Subscriber, Applicant represents and agrees that the following statements are and will
continue to be true for so long as Applicant receives information as a Nonprofessional
Subscriber:
- Applicant is making this Application and Agreement in his or
her own individual capacity and not on behalf of a firm, corporation, partnership, trust
or association.
- Applicant shall use the Information solely in connection
with his or her individual personal investment activities and not in connection with any
trade or business activities.
- Applicant shall receive the Information only at the location
and via the equipment identified in Items 3 and 4 above, and shall not furnish the
Information to any other person.
- Applicant is not a securities broker-dealer, investment
advisor, futures commission merchant, commodities introducing broker or commodity trading
advisor, member of a securities exchange or association or futures contract market, or an
owner, partner, or associated person of any of the foregoing.
- Applicant is not employed by a bank or an insurance company
or an affiliate of either to perform functions related to securities or commodity futures
investment or trading activity.
- For the privilege of receiving the Information, Applicant
agrees to pay to Vendor for the benefit of the OPRA participants the OPRA Nonprofessional
Subscriber Fee in such amount and at such times as shall be established by OPRA from time
to time, plus any applicable federal, state or local taxes. This Fee shall be in addition
to any changes imposed by Vendor. OPRA shall provide notice to Vendor of any change in
this FEE not less than 30 days prior to the effectiveness of such change. Vendor shall be
responsible for notifying its nonprofessional Subscribers of all Fee changes. Applicant
acknowledges authorization of credit card purchases for equipment and data services from
Vendor via telephone or mail order. Such charges are subject to established regulations of
Vendor.
- Applicant acknowledges that the Information is and shall
remain the property of the respective exchange or other market on which a reported
transaction took place or a reported quotation was entered, and Applicant shall make no
use of the Information except in compliance with the terms of the Application and
Agreement.
- DISCLAIMER OR LIABILITY - NEITHER OPRA NOR VENDOR NOR ANY
OPRA PARTICIPANT GUARANTEES THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF ANY OF
THE OPTIONS LAST SALE PRICES, QUOTATION INFORMATION, OR OTHER MARKET INFORMATION SUPPLIED
TO APPLICANT HEREUNDER AND NEITHER OPRA NOR ANY OPRA PARTICIPANT SHALL BE LIABLE IN ANY
WAY TO APPLICANT OR TO ANY OTHER PERSON, FOR ANY DELAYS, INACCURACIES, ERRORS IN OR
OMISSIONS OF ANY OF THE INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY DAMAGES
ARISING THEREFROM OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION OF
ANY OF THE OPTIONS LAST SALE PRICES, QUOTATION INFORMATION OR OTHER MARKET INFORMATION
SUPPLIED TO APPLICANT FOR ANY CAUSE WHATEVER.
- Applicant's privilege of receiving the Information hereunder
may be terminated by Applicant or by Vendor upon 30 days written notice from the
terminating party to the other party, and shall be terminated immediately at any time that
Vendor or OPRA determines that Applicant is not in compliance with this Application and
Agreement or that any of Applicant's representations herein are not true. Upon a
determination by Vendor or OPRA that Applicant received access to Information as a
Nonprofessional Subscriber during any period when Applicant did not meet the
qualifications for such access, within 30 days of receipt of written notice of such
determination Applicant shall pay to OPRA the full amount of OPRA's Professional
Subscriber fee for the period during which Applicant had access to the Information, less
Applicant's Nonprofessional Subscriber fees for such period actually received by OPRA.
- Nothing herein shall be deemed to prevent or restrict any
OPRA Participant from discontinuing to furnish options last sale information or quotation
information for dissemination nor to restrict OPRA from making such changes in the speed
of transmission, the characteristics of the electrical signals representing the
Information or the manner of disseminating the same, as OPRA shall from time to time
determine to be appropriate; but in the event of any such discontinuance or change, OPRA
shall give such notice thereof to Vendor as is reasonable under the circumstances.
- Applicant agrees to inform Vendor promptly in writing at its
address set forth above of any changes in the information provided herein and to furnish
Vendor any additional information requested by it in connection with Applicant's receipt
of the information.
Applicant's Signature:
_______________________________
Type or Print Applicant's Name:
_______________________________
APPROVED (Vendor): ___________________________
Approved by: _____________________________
Dated: ______________________________