Distribution to Subscribers.
4.1 The Licensee may only distribute the Data to a Subscriber if the Subscriber is party to a Subscriber Agreement:
(a) prior to receipt and use of the Data; and
(b) during any period in which the Licensee distributes the Data to a Subscriber.
4.2 The Licensee shall ensure that each Subscriber Agreement contains terms that affords the LME, its Third Party Licensors and its Affiliates equal or better protection in every respect than the terms set out under Subscriber Permitted Use in particular but without limitation including a licence for use of the Data and Trade Marks that is no more permissive than that afforded in accordance with Subscriber Permitted Use. Breach of this paragraph 4.2 of this Schedule shall be considered a material breach and shall entitle LME to suspend the performance of or terminate this Agreement in accordance with clause 17.2 of the LME Market Data General Terms.
4.3 The Licensee must receive approval in writing from the LME for permissioning certain Subscribers for the Data, as further described in the LME Policy.
4.4 Where a Subscriber has entered into an agreement with the LME because it is eligible under the LME’s Natural User Policy, and the Licensee chooses to administer such a policy, the Licensee shall, upon notification from the LME, comply with the Natural User Policy with respect to this Schedule 2, as set out in the LME Policy.
4.5 The Licensee shall ensure that it has appropriate systems, rules, procedures and policies in place to allow access to Subscribers and making all reasonable endeavours to ensure Subscribers’ compliance with all relevant terms of this Agreement. This includes appropriate reporting procedures in order to confirm Subscriber Access via Authorised Devices and to confirm that Subscribers' use of the Data complies with the Subscriber Agreement.
4.6 The Licensee shall use Access IDs to control the delivery of Data on a per Authorised Device basis. Simultaneous access to the Data by an Access ID on more than one Authorised Device is prohibited unless otherwise permitted for Subscriber Access by the LME in the LME Policy. The Licensee must implement an auto log off functionality to prevent simultaneous access to the Data by an Access ID on more than one Authorised Device. Such functionality must prevent Data from being displayed when auto log off occurs.
4.7 The Licensee shall install and maintain suitable control, contractual and security systems in order to prevent any unlawful use of the Data or ...
Distribution to Subscribers. 2.7.1. Licensee is entitled to distribute Information to Subscribers in accordance with XXX Form
1. Prior to the distribution of Real-time Information, Licensee must, except as specified in clause 2.6.2 below:
(a) ensure that each Subscriber has executed a Subscriber Agreement with Licensee;
(b) ensure, by means of Subscriber Agreements or otherwise, that all use and distribution of Real-time Information by Subscriber is subject to effective Operational Controls, except for distribution of Limited Extracts of Information as permitted in this XXX Schedule 4; and
(c) obtain confirmation from each Private Use Subscriber that the Subscriber meets the definition of Private Use Subscriber as specified in this Agreement.
2.7.2. Licensee may distribute Delayed Information and/or Limited Extracts of Information or may publicly display Information as permitted under clauses 2.7 to 2.9 of this XXX Schedule 4 without requiring the recipient or viewer to execute a Subscriber Agreement, provided that the recipients or viewers of such Information are informed that:
(a) NZX and Information Providers reserve all Intellectual Property Rights to the Information;
(b) NZX and Information Providers accept no liability for the display of the Information or any losses or claims arising from use of the Information;
(c) Information is for the personal use of the recipient and may not be redistributed by the recipient to any third party without the prior permission of NZX; and
(d) NZX may suspend or terminate receipt of Information by any Person if NZX has reason to believe the Information is being misused or misrepresented.
Distribution to Subscribers. Licensee is entitled to distribute Information to Subscribers for Business and Private Use. All use of Information other than Private Use is regarded by BHB as Business Use and is subject to the applicable fees per XXX Appendix 2 (Fees and Charges). Before releasing Information to any party that wishes to act as a Subscriber, Licensee must
a) Ensure that any Person wishing to receive Real-time Information for use in a Closed User Environment has executed the appropriate Subscriber Agreement.
b) Ensure, by means of Subscriber Agreements or otherwise, that all use and distribution of Real-time Information by the party shall be subject to Operational Controls, except where Information is distributed in an Open User Environment permitted by this Agreement.
Distribution to Subscribers. Licensee is entitled to distribute Information to Subscribers for Private and Business Use. All use of Information other than Private Use is regarded by Licensor as Business Use and is subject to the applicable fees per XXX Appendix 2 (Fees and Charges).
