Common use of Distribution to Subscribers Clause in Contracts

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 use in violation of this Agreement. 4.8 The Licensee shall install its own physical and software security systems to protect its information technology equipment, in particular a firewall securing all information and telecommunications systems from the intrusion of third parties not authorised under this Agreement. 4.9 The Licensee shall also ensure that a Subscriber Agreement: (a) recognises that the LME and its licensors own the Intellectual Property Rights in the Data; (b) recognises that the Data is provided subject to the terms of a separate agreement between the Licensee and the LME; (c) recognises the restrictions on third party redistribution of Data as agreed with the LME; (d) requires the Subscriber to comply with terms equivalent to those set out in clause 2.4 of the LME Market Data Licence General Terms; (e) requires the Subscriber to provide on request all information requested by the Licensee or the LME for auditing or compliance purposes; (f) allows rights of audit by the LME and the Licensee or their appointed representatives; (g) provides for the Subscriber a limited right to use the Data only for Subscriber Use; and (h) contains the obligations set out in paragraph 7 of this Schedule 2. 4.10 Unless explicitly set out and permitted in accordance with the Subscriber Use, the Licensee shall not permit Subscribers to utilise the Licensed Data for any other purpose. 4.11 The Licensee shall cease to distribute Data to a Subscriber immediately in the event that the applicable Subscriber Agreement expires, is terminated or suspended by the Licensee. 4.12 If the LME reasonably suspects that a Recipient is utilising the Data in breach of the LME Policy or Subscriber Agreement, the LME may: (a) within thirty (30) days of receipt of relevant notice pursuant to this Agreement, the LME may require that the Licensee cease to provide the Data to the Subscriber by the provision of written notice to that effect and the Licensee shall cease to provide the Data to the Subscriber within two (2) Business Days of receipt of such request; and (b) within ten (10) Business Days of Redistributor's request in the event that the applicable Subscriber is or the LME reasonably suspects that it utilising the Data in breach of the LME Policy or the Subscriber Agreement. 4.13 Within a reasonable period of the Licensee's request for the same, LME shall confirm whether or not a particular Subscriber has in place an LME Subscriber Agreement with the LME. 4.14 The Licensee shall provide copies of any Licensee Subscriber Agreements within ten (10) Business Days of a written request from the LME to do so. 4.15 The Licensee undertakes to comply with the requirements in relation to Reports contained in the LME Policy and the Price List.

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.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 use in violation of this Agreement. 4.8 The Licensee shall install its own physical and software security systems to protect its information technology equipment, in particular a firewall securing all information and telecommunications systems from the intrusion of third parties not authorised under this Agreement. 4.9 The Licensee shall also ensure that a Subscriber Agreement: (a) recognises that the LME and its licensors own the Intellectual Property Rights in the Data; (b) recognises that the Data is provided subject to the terms of a separate agreement between the Licensee and the LME; (c) recognises the restrictions on third party redistribution of Data as agreed with the LME; (d) requires the Subscriber to comply with terms equivalent to those set out in clause 2.4 of the LME Market Data Licence General Terms; (e) requires the Subscriber to provide on request all information requested by the Licensee or the LME for auditing or compliance purposes; (f) allows rights of audit by the LME and the Licensee or their appointed representatives; (g) provides for the Subscriber a limited right to use the Data only for Subscriber Use; and (h) contains the obligations set out in paragraph 7 of this Schedule 2. 4.10 Unless explicitly set out and permitted in accordance with the Subscriber Use, the Licensee shall not permit Subscribers to utilise the Licensed Data for any other purpose. 4.11 The Licensee shall cease to distribute Data to a Subscriber immediately in the event that the applicable Subscriber Agreement expires, is terminated or suspended by the Licensee. 4.12 If the LME reasonably suspects that a Recipient is utilising the Data in breach of the LME Policy or Subscriber Agreement, the LME may: (a) within thirty (30) days of receipt of relevant notice pursuant to this Agreement, the LME may require that the Licensee cease to provide the Data to the Subscriber by the provision of written notice to that effect and the Licensee shall cease to provide the Data to the Subscriber within two (2) Business Days of receipt of such request; and (b) within ten (10) Business Days of Redistributor's request in the event that the applicable Subscriber is or the LME reasonably suspects that it utilising the Data in breach of the LME Policy or the Subscriber Agreement. 4.13 Within a reasonable period of the Licensee's request for the same, LME shall confirm whether or not a particular Subscriber has in place an LME Subscriber Agreement with the LME. 4.14 The Licensee shall provide copies of any Licensee Subscriber Agreements within ten (10) Business Days of a written request from the LME to do so. 4.15 The Licensee undertakes to comply with the requirements in relation to Reports contained in the LME Policy and the Price List.

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.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 use in violation of this Agreement. 4.8 The Licensee shall install its own physical and software security systems to protect its information technology equipment, in particular a firewall securing all information and telecommunications systems from the intrusion of third parties not authorised under this Agreement. 4.9 The Licensee shall also ensure that a Subscriber Agreement: (a) recognises that the LME and its licensors own the Intellectual Property Rights in the Data; (b) recognises that the Data is provided subject to the terms of a separate agreement between the Licensee and the LME; (c) recognises the restrictions on third party redistribution of Data as agreed with the LME; (d) requires the Subscriber to comply with terms equivalent to those set out in clause 2.4 of the LME Market Data Licence General Terms; (e) requires the Subscriber to provide on request all information requested by the Licensee or the LME for auditing or compliance purposes; (f) allows rights of audit by the LME and the Licensee or their appointed representatives; (g) provides for the Subscriber a limited right to use the Data only for Subscriber Use; and (h) contains the obligations set out in paragraph 7 of this Schedule 2. 4.10 Unless explicitly set out and permitted in accordance with the Subscriber Use, the Licensee shall not permit Subscribers to utilise the Licensed Data for any other purpose. 4.11 The Licensee shall cease to distribute Data to a Subscriber immediately in the event that the applicable Subscriber Agreement expires, is terminated or suspended by the Licensee. 4.12 If the LME reasonably suspects that a Recipient is utilising the Data in breach of the LME Policy or Subscriber Agreement, the LME may: (a) within thirty (30) days of receipt of relevant notice pursuant to this Agreement, the LME may require that the Licensee cease to provide the Data to the Subscriber by the provision of written notice to that effect and the Licensee shall cease to provide the Data to the Subscriber within two (2) Business Days of receipt of such request; and (b) within ten (10) Business Days of Redistributor's request in the event that the applicable Subscriber is or the LME reasonably suspects that it utilising the Data in breach of the LME Policy or the Subscriber Agreement. 4.13 Within a reasonable period of the Licensee's request for the same, LME shall confirm whether or not a particular Subscriber has in place an LME Subscriber Agreement with the LME. 4.14 The Licensee shall provide copies of any Licensee Subscriber Agreements within ten (10) Business Days of a written request from the LME to do so. 4.15 The Licensee undertakes to comply with the requirements in relation to Reports contained in the LME Policy and the Price List.

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 4.4 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 4.5 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 4.6 The Licensee shall install and maintain suitable control, contractual and security systems in order to prevent any unlawful use of the Data or use in violation of this Agreement. 4.8 4.7 The Licensee shall install its own physical and software security systems to protect its information technology equipment, in particular a firewall securing all information and telecommunications systems from the intrusion of third parties not authorised under this Agreement. 4.9 4.8 The Licensee shall also ensure that a Subscriber Agreement: (a) recognises that the LME and its licensors own the Intellectual Property Rights in the Data; (b) recognises that the Data is provided subject to the terms of a separate agreement between the Licensee and the LME; (c) recognises the restrictions on third party redistribution of Data as agreed with the LME; (d) requires the Subscriber to comply with terms equivalent to those set out in clause 2.4 of the LME Market Data Licence General Terms; (e) requires the Subscriber to provide on request all information requested by the Licensee or the LME for auditing or compliance purposes; (f) allows rights of audit by the LME and the Licensee or their appointed representatives; (g) provides for the Subscriber a limited right to use the Data only for Subscriber Use; and (h) contains the obligations set out in paragraph 7 of this Schedule 2. 4.10 4.9 Unless explicitly set out and permitted in accordance with the Subscriber Use, the Licensee shall not permit Subscribers to utilise the Licensed Data for any other purpose. 4.11 4.10 The Licensee shall cease to distribute Data to a Subscriber immediately in the event that the applicable Subscriber Agreement expires, is terminated or suspended by the Licensee. 4.12 4.11 If the LME reasonably suspects that a Recipient is utilising the Data in breach of the LME Policy or Subscriber Agreement, the LME may: (a) within thirty (30) days of receipt of relevant notice pursuant to this Agreement, the LME may require that the Licensee cease to provide the Data to the Subscriber by the provision of written notice to that effect and the Licensee shall cease to provide the Data to the Subscriber within two (2) Business Days of receipt of such request; and (b) within ten (10) Business Days of Redistributor's request in the event that the applicable Subscriber is or the LME reasonably suspects that it utilising the Data in breach of the LME Policy or the Subscriber Agreement. 4.13 4.12 Within a reasonable period of the Licensee's request for the same, LME shall confirm whether or not a particular Subscriber has in place an LME Subscriber Agreement with the LME. 4.14 4.13 The Licensee shall provide copies of any Licensee Subscriber Agreements within ten (10) Business Days of a written request from the LME to do so. 4.15 4.14 The Licensee undertakes to comply with the requirements in relation to Reports contained in the LME Policy and the Price List.

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 use in violation of this Agreement. 4.8 The Licensee shall install its own physical and software security systems to protect its information technology equipment, in particular a firewall securing all information and telecommunications systems from the intrusion of third parties not authorised under this Agreement. 4.9 The Licensee shall also ensure that a Subscriber Agreement: (a) recognises that the LME and its licensors own the Intellectual Property Rights in the Data; (b) recognises that the Data is provided subject to the terms of a separate agreement between the Licensee and the LME; (c) recognises the restrictions on third party redistribution of Data as agreed with the LME; (d) requires the Subscriber to comply with terms equivalent to those set out in clause 2.4 of the LME Market Data Licence General Terms; (e) requires the Subscriber to provide on request all information requested by the Licensee or the LME for auditing or compliance purposes; (f) allows rights of audit by the LME and the Licensee or their appointed representatives; (g) provides for the Subscriber a limited right to use the Data only for Subscriber Use; and (h) contains the obligations set out in paragraph 7 of this Schedule 2. 4.10 Unless explicitly set out and permitted in accordance with the Subscriber Use, the Licensee shall not permit Subscribers to utilise the Licensed Data for any other purpose. 4.11 The Licensee shall cease to distribute Data to a Subscriber immediately in the event that the applicable Subscriber Agreement expires, is terminated or suspended by the Licensee. 4.12 If the LME reasonably suspects that a Recipient is utilising the Data in breach of the LME Policy or Subscriber Agreement, the LME may: (a) within thirty (30) days of receipt of relevant notice pursuant to this Agreement, the LME may require that the Licensee cease to provide the Data to the Subscriber by the provision of written notice to that effect and the Licensee shall cease to provide the Data to the Subscriber within two (2) Business Days of receipt of such request; and (b) within ten (10) Business Days of Redistributor's request in the event that the applicable Subscriber is or the LME reasonably suspects that it utilising the Data in breach of the LME Policy or the Subscriber Agreement. 4.13 Within a reasonable period of the Licensee's request for the same, LME shall confirm whether or not a particular Subscriber has in place an LME Subscriber Agreement with the LME. 4.14 The Licensee shall provide copies of any Licensee Subscriber Agreements within ten (10) Business Days of a written request from the LME to do so. 4.15 The Licensee undertakes to comply with the requirements in relation to Reports contained in the LME Policy and the Price List.