Common use of USE OF PRICING DATA Clause in Contracts

USE OF PRICING DATA. 3.1 Except as otherwise provided, the Distributor shall not distribute Pricing Data to, or permit Pricing Data to be viewed on, any Display Device controlled or used by the Distributor, or by any other means, without the prior written consent of ICE Data. Except as otherwise provided, the Distributor shall not distribute Pricing Data, or permit Pricing Data to be accessed by means of a Unique User ID without the prior written consent of ICE Data. 3.2 ICE Data shall, after the end of each Charge Period, invoice the Charges in relation to but not limited to any Unit of Count to which Pricing Data is distributed pursuant to Clause 3.1 for that Charge Period to the Distributor in accordance with Clause 5. 3.3 At its sole, unfettered and absolute discretion, ICE Data may agree to waive any Charges payable by the Distributor for any Unit of Count controlled or used by the Distributor to which Pricing Data is distributed, or permitted to be viewed on, solely for the purposes of research and development via Display Device of Pricing Data, quality and control monitoring and monitoring of Distributor services, or any similar purpose for which ICE Data approves the Charge waiver. All requests for Charge waivers must be requested in writing from ICE Data and will be required to be included in the monthly usage counts in Clause 4. A copy of all written Charge waivers must be maintained by the Distributor to be presented to ICE Data upon request. 3.4 Except as expressly set forth in this Agreement, the Distributor may not create or distribute, or permit any Person to make or distribute, Derived Data or other derivative works based upon the Pricing Data, for avoidance of doubt this includes Delayed Pricing Data and Historic Pricing Data without the prior written consent of ICE Data. Distributor acknowledges that obtaining ICE Data’s consent for the use described in this Clause 3.4 may require further approvals and consent from third parties, and Distributor agrees that ICE Data may provide any information necessary with respect to Distributor’s request to such third parties in order to obtain such consents. 3.6 Distributor acknowledges and agrees that violations of any of Distributor’s obligations above in this Clause 3 may be considered by ICE Data to be a material breach of the Agreement.

USE OF PRICING DATA. 3.1 Except as otherwise provided, the Distributor Authorized Vendor shall not distribute Pricing Data to, or permit Pricing Data to be viewed on, any Display Device controlled or used by the DistributorAuthorized Vendor, or by any other means, without the prior written consent of ICE Data. Except as otherwise provided, the Distributor Authorized Vendor shall not distribute Pricing Data, or permit Pricing Data to be accessed by means of a Unique User ID without the prior written consent of ICE Data. 3.2 Upon ICE Data’s written notice, the Direct Connect Vendor shall distribute all Pricing Data, (including Pricing Data from newly launched Traded Contracts) made available to the Direct Connect Vendor pursuant to this Agreement within sixty (60) days of receipt of the notice: 3.3 If Authorized Vendor is receiving Real Time Pricing Data under this Agreement, Authorized Vendor agrees that as of the date of receipt of Real Time Pricing Data, Authorized Vendor will have a minimum of five (5) Subscribers of Real Time Pricing Data and/or the Minimum Unit of Count as set forth in Schedule 2 to report in accordance with Schedule 6. 3.4 The Authorized Vendor shall not distribute Real Time Pricing Data to any Subscriber, or permit Real Time Pricing Data to be viewed on, any Display Device controlled by the Authorized Vendor, or by any other means, without having the Subscriber first complete an ICE Subscriber Agreement. In lieu of the ICE Subscriber Agreement, the Authorized Vendor may utilize any substitute subscriber addendum that has received the prior written authorization of ICE Data and that incorporates all of the terms and conditions of the ICE Subscriber Agreement. 3.5 ICE Data shall, after the end of each Charge Period, invoice the Charges in relation to but not limited to any Unit of Count to which Pricing Data is distributed pursuant to Clause 3.1 for that Charge Period to the Distributor Authorized Vendor in accordance with Clause 56. 3.3 3.6 At its sole, unfettered and absolute discretion, ICE Data may agree to waive any Charges payable by the Distributor Authorized Vendor for any Unit of Count controlled or used by the Distributor Authorized Vendor to which Pricing Data is distributed, or permitted to be viewed on, solely for the purposes of research and development development, marketing via Display Device of Pricing DataData to potential Subscribers, quality and control monitoring and monitoring of Distributor Authorized Vendor services, or any similar purpose for which ICE Data approves the Charge waiver. All requests for Charge waivers must be requested in writing from ICE Data Data, and will be required to be included in the monthly usage counts in Clause 4. A copy of all written Charge waivers must be maintained by the Distributor Authorized Vendor to be presented to ICE Data upon request. 3.4 3.7 Except as expressly set forth in this Agreement, the Distributor Authorized Vendor may not create or distribute, or permit any Person to make or distribute, Derived Data or other derivative works based upon the Pricing Data, for avoidance of doubt this includes Delayed Pricing Data and Historic Pricing Data without the prior written consent of ICE Data. Distributor Authorized Vendor acknowledges that obtaining ICE Data’s consent for the use described in this Clause 3.4 3.7 may require further approvals and consent from third parties, and Distributor Authorized Vendor agrees that ICE Data may provide any information necessary with respect to DistributorAuthorized Vendor’s request to such third parties in order to obtain such consents. 3.6 Distributor 3.8 Authorized Vendor acknowledges and agrees that violations of any of DistributorAuthorized Vendor’s obligations above in this Clause 3 may be considered by ICE Data to be a material breach of the Agreement.

USE OF PRICING DATA. 3.1 Except as otherwise provided, the Distributor Vendor shall not distribute Pricing Data to, or permit Pricing Data to be viewed on, any Display Device controlled or used by the Distributor, or by any other means, Vendor without the prior written consent of ICE Data. Except as otherwise provided, the Distributor Vendor shall not distribute Pricing Data, or permit Pricing Data to be accessed by means of a Unique User ID without the prior written consent of ICE Data. 3.2 The Vendor shall not distribute Real Time Pricing Data to any end user, or permit Real Time Pricing Data to be viewed on, any Display Device controlled by the Vendor without having the end user first complete an ICE Subscriber Agreement attached as Schedule 8. In lieu of the ICE Subscriber Agreement, the Vendor may utilise any substitute subscriber addendum that has received the prior written authorisation of ICE Data and that incorporates all of the terms and conditions of the ICE Subscriber Agreement. 3.3 The Vendor is required to seek prior approval, at a Subscriber level, from ICE Benchmark Administration prior to supplying access to any Subscriber to Controlled Benchmark Pricing Data which approval may be deemed given in accordance with Schedule 13. 3.4 ICE Data shall, after the end of each Charge Period, invoice the Charges in relation to but not limited to any Unit of Count to which Pricing Data is distributed pursuant to Clause 3.1 for that Charge Period to the Distributor Vendor in accordance with Clause 56. 3.3 3.5 At its sole, unfettered and absolute discretion, ICE Data may agree to waive any Charges payable by the Distributor Vendor for any Unit of Count controlled or used by the Distributor Vendor to which Pricing Data is distributed, or permitted to be viewed on, solely for the purposes of research and development via Display Device of Pricing Datadevelopment, marketing, quality and control monitoring and monitoring of Distributor Vendor services, or any similar purpose for which ICE Data approves the Charge waiver. All requests for Charge waivers must be requested in writing from ICE Data and will be required to be included in the monthly usage counts in Clause 4Data. A copy of all written Charge waivers must be maintained by the Distributor Vendor to be presented to ICE Data upon request. 3.4 Except as expressly set forth in this Agreement3.6 The Vendor will obtain written consent from ICE Data prior to the creation of all Derived Data, including but not limited to when the Distributor may not create or distribute, or permit any Person to make or distribute, Derived Data is used in a structured or other derivative works based upon financial product, a product that is sublicensed or a product that is listed for trading. Such consent may be provided pursuant to a Benchmark Derived Data Schedule to this Vendor Agreement or a Data and Trademark License Agreement. ICE Data may permit the Vendor to calculate Implied Pricing Data, for avoidance of doubt this includes Delayed using ICE Real Time Pricing Data and Historic implication logic similar to that used by the ICE matching engines and trading platform. All Implied Pricing must have an indicator flag visible in the feed and/or terminal application to allow the Subscriber to have immediate knowledge that those prices are derived. 3.7 Implied Pricing or other derived data that is considered complementary to Pricing Data without the prior written consent shall only be distributed to Subscribers of ICE Data. Distributor acknowledges that obtaining ICE Data’s consent for the use described Pricing Data in this accordance with Clause 3.4 may require further approvals and consent from third parties, and Distributor agrees that ICE Data may provide any information necessary with respect to Distributor’s request to such third parties in order to obtain such consents3.2. 3.6 Distributor acknowledges and agrees that violations of any of Distributor’s obligations above in this Clause 3 may be considered by ICE Data to be a material breach of the Agreement.

USE OF PRICING DATA. 3.1 Except as otherwise provided, the Distributor shall not distribute Pricing Data to, or permit Pricing Data to be viewed on, any Display Device controlled or used by the Distributor, or by any other means, Distributor without the prior written consent of ICE Data. Except as otherwise provided, the Distributor shall not distribute Pricing Data, or permit Pricing Data to be accessed by means of a Unique User ID without the prior written consent of ICE Data. 3.2 ICE Data shall, after the end of each Charge Period, invoice the Charges in relation to but not limited to any Unit of Count to which Pricing Data is distributed pursuant to Clause 3.1 for that Charge Period to the Distributor in accordance with Clause 5. 3.3 At its sole, unfettered and absolute discretion, ICE Data may agree to waive any Charges payable by the Distributor for any Unit of Count controlled or used by the Distributor to which Pricing Data is distributed, or permitted to be viewed on, solely for the purposes of research and development via Display Device of Pricing Datadevelopment, marketing, quality and control monitoring and monitoring of Distributor services, or any similar purpose for which ICE Data approves the Charge waiver. All requests for Charge waivers must be requested in writing from ICE Data and will be required to be included in the monthly usage counts in Clause 4Data. A copy of all written Charge waivers must be maintained by the Distributor to be presented to ICE Data upon request. 3.4 Except as expressly set forth in this Agreement, the The Distributor may not create or distributeDerived Data without the express written permission of ICE Data, or permit any Person to make or distribute, Derived except in the case of Implied Pricing Data or other derivative works based upon the data that is complementary to Pricing Data, for avoidance of doubt this includes Delayed . ICE Data may permit the Distributor to calculate Implied Pricing Data using ICE Real Time Pricing Data and Historic implication logic similar to that used by the ICE matching engines and trading platform. All Implied Pricing Data without must have an indicator flag visible in the prior written consent of ICE Data. Distributor acknowledges feed and/or terminal application to allow the Subscriber to have immediate knowledge that obtaining ICE Data’s consent for the use described in this Clause 3.4 may require further approvals and consent from third parties, and Distributor agrees that ICE Data may provide any information necessary with respect to Distributor’s request to such third parties in order to obtain such consentsthose prices are derived. 3.6 Distributor acknowledges and agrees 3.5 Implied Pricing Data or other derived data that violations is considered complementary to Pricing Data shall only be distributed to Subscribers of any of Distributor’s obligations above Pricing Data in accordance with this Clause 3 may be considered by ICE Data to be a material breach of the Agreement.