Common use of Non-Professional Customers Clause in Contracts

Non-Professional Customers. 2.1 Licensee may supply Information to Non-Professional Customers under the following circumstances: 2.2 Licensee must obtain each Non-Professional Customer’s prior confirmation of non-professional status and agreement to subscribe to Equiduct Products or Information only for personal use, in the form of the following Börse Berlin AG Non-Professional Customer Statement or via another form or registration process acceptable to Börse Berlin AG: Börse Berlin AG Non-Professional Customer Statement 1. I confirm that: • I am over 18 years of age and subscribing to the Service in a personalcapacity. • I use the Service solely in relation to the management of my personal fundsand not as a trader for the public, • I do not redistribute, republish, or otherwise provide any data from the Service to any third party in any manner. 2. I agree to provide such information and documents as Börse Berlin AG or [Licensee] may reasonably require in order to confirm the validity of these representations. 3. I agree to inform Börse Berlin AG or [Licensee] within seven (7) days if the circumstances confirmed in this statement should change. 4. I accept that my use of Equiduct Products or Information as a Non- Professional Customer is conditional upon the validity of this statement. 5. I accept that I may be liable to Börse Berlin AG or to [Licensee] for additional fees and charges in the event of any change in circumstances or non- compliance with the terms of this statement. 6. I accept that the data contained in this statement may be processed, stored for a period of no more than three (3) years and may be accessed for inspection by Börse Berlin AG auditors during the storage period. Customer Full Name: Customer Signature: Effective date: 2.3 Licensee must use commercially reasonable efforts to check the validity of Non-Professional Customers’ representations and to obtain confirmation of each Non-Professional Customer’s non-professional status on at least an annual basis. Börse Berlin AG reserves the right to recover applicable Fees from Licensee at professional rates where Non-Professional Customers do not comply with the terms of their Non-Professional Customer Statement or where Licensee has not received confirmation of the status of Non-Professional Customers for at least twelve (12) months. 2.4 Licensee must not supply Equiduct Products or Information at non-professional rates to any Customer of any of Licensee’s services that are intended only for Professional Users. 2.5 Licensee must retain records of the Non-Professional Customer statements for a minimum of three (3) years and make them available for inspection by Börse Berlin AG auditors. 2.6 Börse Berlin AG may require Licensee on notice of no less than thirty (30) days to discontinue provision of Equiduct Products or Information on non-professional terms to any Customer. Licensee will be liable for Börse Berlin AG Fees at professional rates in respect of any Equiduct Products or Information delivered to a Customer after the discontinuation date specified by Börse Berlin AG.

Non-Professional Customers. 2.1 Licensee may supply Information to Non-Professional Customers under the following circumstances: 2.2 Licensee must obtain each Non-Professional Customer’s prior confirmation of non-professional status and agreement to subscribe to Equiduct Products or Information only for personal use, in the form of the following Börse Berlin AG Non-Professional Customer Statement or via another form or registration process acceptable to Börse Berlin AG: Börse Berlin AG Non-Professional Customer Statement: 1. I confirm that: • I am over 18 years of age and subscribing to the Service in a personalcapacitypersonal capacity. • I use the Service solely in relation to the management of my personal fundsand funds and not as a trader for the public, • I do not redistribute, republish, republish or otherwise provide any data from the Service to any third party in any manner. 2. I agree to provide such information and documents as Börse Berlin AG or [Licensee] may reasonably require in order to confirm the validity of these representations. 3. I agree to inform Börse Berlin AG or [Licensee] within seven (7) days if the circumstances confirmed in this statement should change. 4. I accept that my use of Equiduct Products or Information as a Non- Non-Professional Customer is conditional upon the validity of this statement. . 5. I accept that I may be liable to Börse Berlin AG or to [Licensee] for additional fees Fees and charges in the event of any change in circumstances or non- compliance with the terms of this statement. . 6. I accept that the data contained in this statement may be processed, stored for a period of no more than three (3) years and may be accessed for inspection by Börse Berlin AG auditors during the storage period. Customer Full Name: Customer Signature: Effective date: 2.3 Licensee must use commercially reasonable efforts to check the validity of Non-Professional Customers’ representations and to obtain confirmation of each Non-Professional Customer’s non-non- professional status on at least an annual basis. Börse Berlin AG reserves the right to recover applicable Fees from Licensee at professional rates where Non-Professional Customers do not comply with the terms of their Non-Professional Customer Statement or where Licensee has not received confirmation of the status of Non-Professional Customers for at least twelve (12) months. 2.4 Licensee must not supply Equiduct Products or Information at non-professional rates to any Customer of any of Licensee’s services that are intended only for Professional professional Users. 2.5 Licensee must retain records of the Non-Professional Customer statements for a minimum of three (3) years and make them available for inspection by Börse Berlin AG auditors. 2.6 Börse Berlin AG may require Licensee on notice of no less than thirty (30) days to discontinue provision of Equiduct Products or Information on non-professional terms to any Customer. Licensee will be liable for Börse Berlin AG Fees at professional rates in respect of any Equiduct Products or Information delivered to a Customer after the discontinuation date specified by Börse Berlin AG.

Non-Professional Customers. 2.1 Licensee may supply Information to Non-Professional Customers under the following circumstances: 2.2 Licensee must obtain each Non-Professional Customer’s prior confirmation of non-professional status and agreement to subscribe to Equiduct Products or Information only for personal use, in the form of the following Börse Berlin AG Non-Professional Customer Statement or via another form or registration process acceptable to Börse Berlin AG: Börse Berlin AG Non-Professional Customer Statement 1. I confirm that: • I am over 18 years of age and subscribing to the Service in a personalcapacitypersonal capacity. • I use the Service solely in relation to the management of my personal fundsand funds and not as a trader for the public, • I do not redistribute, republish, republish or otherwise provide any data from the Service to any third party in any manner. 2. I agree to provide such information and documents as Börse Berlin AG or [Licensee] may reasonably require in order to confirm the validity of these representations. 3. I agree to inform Börse Berlin AG or [Licensee] within seven (7) days if the circumstances confirmed in this statement should change. 4. I accept that my use of Equiduct Products or Information as a Non- Non-Professional Customer is conditional upon the validity of this statement. 5. I accept that I may be liable to Börse Berlin AG or to [Licensee] for additional fees additional 5. Fees and charges in the event of any change in circumstances or non- compliance with the terms of this statement. 6. I accept that the data contained in this statement may be processed, stored for a period of no more than three (3) years and may be accessed for inspection by Börse Berlin AG auditors during the storage period. Customer Full Name: Customer Signature: Effective date: 2.3 Licensee must use commercially reasonable efforts to check the validity of Non-Professional Customers’ representations and to obtain confirmation of each Non-Professional Customer’s non-non- professional status on at least an annual basis. Börse Berlin AG reserves the right to recover applicable Fees from Licensee at professional rates where Non-Professional Customers do not comply with the terms of their Non-Professional Customer Statement or where Licensee has not received confirmation of the status of Non-Professional Customers for at least twelve (12) months. 2.4 Licensee must not supply Equiduct Products or Information at non-professional rates to any Customer of any of Licensee’s services that are intended only for Professional professional Users. 2.5 Licensee must retain records of the Non-Professional Customer statements for a minimum of three (3) years and make them available for inspection by Börse Berlin AG auditors. 2.6 Börse Berlin AG may require Licensee on notice of no less than thirty (30) days to discontinue provision of Equiduct Products or Information on non-professional terms to any Customer. Licensee will be liable for Börse Berlin AG Fees at professional rates in respect of any Equiduct Products or Information delivered to a Customer after the discontinuation date specified by Börse Berlin AG.