Common use of SYSTEM CONNECTION Clause in Contracts

SYSTEM CONNECTION. Connection between the System and the Executing Broker’s OM and/or its Devices shall be established by way of an API or a Front-end Application provided by SEE Link in the manner and under the terms set out in the Operational Rules. The Executing Broker shall use the API and the Front-end Application in accordance with the terms set out in the License. However, if by the Effective Date, the Executing Broker has already concluded a Membership Agreement with SEE Link to be admitted as an originating broker, within the meaning of the Operational Rules, and provided that such Membership Agreement is still valid on the Effective Date and that the Executing broker has furnished SEE Link with a Member Confirmation for Successful Testing, within the meaning of the Operational Rules, under such Membership Agreement, in such case, the Executing Broker shall use the API and the Front-end Application in accordance with the terms set out in such Membership Agreement. The Executing Broker shall be solely responsible to ensure that Executing Broker’s OMS and / or any of its Devices, as applicable, at all times meets at least the minimal technical requirements stipulated by SEE Link. The Executing Broker shall be solely responsible for maintaining and keeping Executing Broker’s OMS and / or any of its Devices, as applicable, in good condition and operational. The Executing Broker consents and acknowledges that it is solely responsible, prior to upgrading any third party software, including new versions of operating systems, to verify and insure that such third party software is compatible with the API and/or the Front-end Application. SEE Link will not be responsible for any failures or malfunctions in the Service resulting from such upgrade and reserves the right not to provide support for such installations. All express or implied warranties relating to the Service, or to the API and the Front-end Application, shall be deemed null and void in case of any misuse of the API or any modification to the Front-end Application made by any party that is not SEE Link or SEE Link’s authorized representatives or subcontractors or that is not expressly and in advance authorized by SEE Link.

SYSTEM CONNECTION. Connection between the System and the Executing Originating Broker’s OM and/or its Devices shall be established by way of an API or a Front-end Application provided by SEE Link in the manner and under the terms set out in the Operational Rules. The Executing Originating Broker shall use the API and the Front-end Application in accordance with the terms set out in the License. However, if by the Effective Date, the Executing Originating Broker has already concluded a Membership Agreement with SEE Link to be admitted as an originating executing broker, within the meaning of the Operational Rules, and provided that such Membership Agreement is still valid on the Effective Date and that the Executing Originating broker has furnished SEE Link with a Member Confirmation for Successful Testing, within the meaning of the Operational Rules, under such Membership Agreement, in such case, the Executing Originating Broker shall use the API and the Front-end Application in accordance with the terms set out in such Membership Agreement. The Executing Originating Broker shall be solely responsible to ensure that Executing Originating Broker’s OMS and / or any of its Devices, as applicable, at all times meets at least the minimal technical requirements stipulated by SEE Link. The Executing Originating Broker shall be solely responsible for maintaining and keeping Executing Originating Broker’s OMS and / or any of its Devices, as applicable, in good condition and operational. The Executing Originating Broker consents and acknowledges that it is solely responsible, prior to upgrading any third party software, including new versions of operating systems, to verify and insure that such third party software is compatible with the API and/or the Front-end Application. SEE Link will not be responsible for any failures or malfunctions in the Service resulting from such upgrade and reserves the right not to provide support for such installations. All express or implied warranties relating to the Service, or to the API and the Front-end Application, shall be deemed null and void in case of any misuse of the API or any modification to the Front-end Application made by any party that is not SEE Link or SEE Link’s authorized representatives or subcontractors or that is not expressly and in advance authorized by SEE Link.