Common use of Miscellaneous Clause in Contracts

Miscellaneous. a) Any action arising out of the Agreement between CME, CBOT, COMEX and NYMEX shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of Illinois. The Parties submit to the exclusive jurisdiction of the state and federal courts situated in Cook County, State of Illinois. Any action arising out of this Agreement between ICE Futures Canada, ICE Futures Europe, ICE Futures U.S and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of New York. b) Subscriber may not assign all or any part of the Agreement without the prior written consent of the Exchanges (as applicable). c) Subscriber may not modify or amend the terms of the Agreement. d) In the event of any conflict between the terms and conditions of the Agreement and any other agreement relating to Subscriber’s receipt and use of Market Data, the terms and conditions of the Agreement will prevail. If, for any reason, one or more provisions of the Agreement or part thereof is held invalid, the other provisions of the Agreement, or parts thereof, shall remain in full force and effect. (1) 阁下声明有实际权限代订阅者订立本协议； (2) 阁下已阅读上述条款； (3) 阁下理解上述条款； (4) 上述条款印刷本将构成任何适用法例或规例所定「文本」； (5) 阁下同意遵守本协议上述所有条 款；及 (6) 阁下已填写《附录：非专业人员自我证明书》以确认阁下为非专业人员。 (1) YOU REPRESENT THAT YOU HAVE ACTUAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUBSCRIBER; (2) THAT YOU HAVE READ THE TERMS STATED ABOVE; (3) YOU UNDERSTAND THE TERMS STATED ABOVE; (4) A PRINTOUT OF THE TERMS STATED ABOVE WILL CONSTITUTE A "WRITING" UNDER ANY APPLICABLE LAW OR REGULATION; (5) YOU AGREE TO ABIDE BY ALL THE TERMS OF THE AGREEMENT STATED ABOVE; AND (6) YOU HAVE DULY FILL AND SIGN THE《NON-PROFESSIONAL SELF-CERTIFICATION FORM》TO CONFIRM YOU ARE A NON=PROFESSIONAL SUBSCRIBER. 客 户 签 名 Signature 日 期 Date

Miscellaneous. a) In case of any breach by Subscriber of its obligations hereunder, each of the Exchanges will be considered to be a third-party beneficiary of this Agreement and may bring an action to enforce its terms directly against Subscriber. Any action arising out of the this Agreement between CMEthe CFE, CBOT, COMEX CME, or ONE CHICAGO and NYMEX Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of Illinois. The Parties submit to Any action arising out of this Agreement between the exclusive jurisdiction KCBOT and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the state and federal courts situated in Cook County, State of IllinoisMissouri. Any action arising out of this Agreement between ICE Futures CanadaNYMEX, COMEX, ICE Futures EuropeFUTURES US, ICE Futures U.S FUTURES EUROPE, or ICE FUTURES CANADA and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of New York. b) . Subscriber may not assign all or any part of the this Agreement without the prior written consent of the Exchanges (as applicable). c) . Neither VENDOR nor Subscriber may not modify or amend the terms of the this Agreement. d) . In the event of any conflict between the terms and conditions of the this Agreement and any other agreement relating to Subscriber’s 's receipt and use of Market Data, including, without limitation, the agreement between VENDOR and Subscriber referred to in Section 3(a), the terms and conditions of the this Agreement will prevail. If, for any reason, one or more provisions of the this Agreement or part thereof is held invalid, the other provisions of the Agreement, or parts thereof, Agreement shall remain in full force and effect. (1) 阁下声明有实际权限代订阅者订立本协议； (2) 阁下已阅读上述条款； (3) 阁下理解上述条款； (4) 上述条款印刷本将构成任何适用法例或规例所定「文本」； (5) 阁下同意遵守本协议上述所有条 款；及 (6) 阁下已填写《附录：非专业人员自我证明书》以确认阁下为非专业人员。 (1) YOU REPRESENT THAT YOU HAVE ACTUAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUBSCRIBER; (2) THAT YOU HAVE READ THE TERMS STATED ABOVE; (3) YOU UNDERSTAND THE TERMS STATED ABOVE; (4) A PRINTOUT OF THE TERMS STATED ABOVE WILL CONSTITUTE A "WRITING" UNDER ANY APPLICABLE LAW OR REGULATION; ; AND (5) YOU AGREE TO ABIDE BY ALL THE TERMS OF THE AGREEMENT STATED ABOVE; AND ABOVE Signature(s) of Account Holder Signature of Account Executive (6) YOU HAVE DULY FILL AND SIGN THE《NON-PROFESSIONAL SELF-CERTIFICATION FORM》TO CONFIRM YOU ARE A NON=PROFESSIONAL SUBSCRIBER. 客 户 签 名 Signature 日 期 Dateif applicable)