Common use of Licensee’s Use of Information Clause in Contracts

Licensee’s Use of Information. 5.1 Licensee may use Information only as permitted by the Agreement. 5.2 Licensee’s use of Information shall be as specified in XXX Form 1. Licensee is entitled to select any of the options available to Licensee per XXX Form 1 and to change the selection, by giving prior written notice to NZX, subject to acceptance by NZX, in accordance with Clause 12 of this XXX Schedule 1. 5.3 Licensee shall not misrepresent the Information or use the Information in any way that may, as determined by NZX at NZX’s sole discretion, (i) create a false or misleading impression as to the origin or value of any item of Information or the operation of financial markets to which the Information relates, or (ii) be detrimental to, or undermine, the goodwill, reputation or integrity of NZX, its markets or those of any Information Provider. 5.4 Licensee shall not use the Information for any illegal purpose. 5.5 Licensee shall comply with the provisions of XXX Schedule 4 regarding the display of Information. 5.6 Except as permitted by XXX Schedule 4, no member of Licensee’s Group may distribute the Information without prior permission of NZX to any party other than to a Subscriber, another member of Licensee’s Group, a Service Facilitator or a Distributor that is authorised by NZX in accordance with this Agreement. 5.7 Without prejudice to NZX's other rights and remedies, Licensee will cease any use or distribution of Information by any member of Licensee’s Group to any Subscriber, Distributor, member of Licensee’s Group, Service Facilitator or other recipient as soon as possible upon receipt of written direction of NZX or on any reasonable date specified by a written direction of NZX, where NZX has reasonable cause to suspect unauthorised use or distribution of Information. NZX may suspend supply of Information to Licensee if Licensee or any member of Licensee’s Group fails to comply with any such direction. This obligation survives termination of the Agreement. 5.8 Licensee shall take all reasonable precautions to prevent or detect unauthorised access to and/or use of the Information, including the maintenance of security systems and the use of Operational Controls where required in accordance with XXX Schedule 4. Licensee shall promptly report to NZX any unlicensed use of Information of which Licensee is aware. 5.9 At the request and expense of NZX, Licensee will cooperate with and assist NZX in any action or proceeding necessary to prevent any unauthorised receipt or use of Information by any third party. 5.10 Licensee is responsible for ensuring that all use of Information in the Licensee's Services complies with applicable laws or regulations. Licensee will promptly bring to the attention of NZX any provision of this Agreement that may conflict with applicable laws or regulations. 5.11 In the event of termination of the Agreement for any reason, Licensee may keep the Information received during the term of this Agreement and continue using it in the Licensee's Services and its databases, subject to its ongoing compliance with any terms specified for individual Information Products in this Agreement.

Licensee’s Use of Information. 5.1 Licensee may use Information only as permitted by the Agreement. 5.2 Licensee’s use of Information shall be as specified in XXX Form 1. Licensee is entitled to select any of the options available to Licensee per XXX Form 1 and to change the selection, by giving prior written notice to NZX, subject to acceptance by NZX, in accordance with Clause 12 of this XXX Schedule 1. 5.3 Licensee shall not misrepresent the Information or use the Information in any way that may, as determined by NZX at NZX’s sole discretion, (i) create a false or misleading impression as to the origin or value of any item of Information or the operation of financial markets to which the Information relates, or (ii) be detrimental to, or undermine, the goodwill, reputation or integrity of NZX, its markets or those of any Information Provider. 5.4 Licensee shall not use the Information for any illegal purpose. 5.5 Licensee shall comply with the provisions of XXX Schedule 4 regarding the display of Information. 5.6 Except as permitted by XXX Schedule Xxxxxxxx 4, no member of Licensee’s Group may distribute the Information without prior permission of NZX to any party other than to a Subscriber, another member of Licensee’s Group, a Service Facilitator or a Distributor that is authorised by NZX in accordance with this Agreement. 5.7 Without prejudice to NZX's other rights and remedies, Licensee will cease any use or distribution of Information by any member of Licensee’s Group to any Subscriber, Distributor, member of Licensee’s Group, Service Facilitator or other recipient as soon as possible upon receipt of written direction of NZX or on any reasonable date specified by a written direction of NZX, where NZX has reasonable cause to suspect unauthorised use or distribution of Information. NZX may suspend supply of Information to Licensee if Licensee or any member of Licensee’s Group fails to comply with any such direction. This obligation survives termination of the Agreement. 5.8 Licensee shall take all reasonable precautions to prevent or detect unauthorised access to and/or use of the Information, including the maintenance of security systems and the use of Operational Controls where required in accordance with XXX Schedule 4. Licensee shall promptly report to NZX any unlicensed use of Information of which Licensee is aware. 5.9 At the request and expense of NZX, Licensee will cooperate with and assist NZX in any action or proceeding necessary to prevent any unauthorised receipt or use of Information by any third party. 5.10 Licensee is responsible for ensuring that all use of Information in the Licensee's Services complies with applicable laws or regulations. Licensee will promptly bring to the attention of NZX any provision of this Agreement that may conflict with applicable laws or regulations. 5.11 In the event of termination of the Agreement for any reason, Licensee may keep the Information received during the term of this Agreement and continue using it in the Licensee's Services and its databases, subject to its ongoing compliance with any terms specified for individual Information Products in this Agreement.