NON-PROFESSIONAL AGREEMENT
FOR RECEIPT OF BOURSE DE MONTRÉAL INC. DATA
TO
BECOME A SUBSCRIBER AND RECEIVE THE BOURSE DE MONTRÉAL INC.
DATA, YOU MUST SELECT "I ACCEPT THE AGREEMENT" TO ACKNOWLEDGE
YOUR CONSENT TO THE TERMS OF THIS AGREEMENT. IF YOU CLICK "I
ACCEPT THE AGREEMENT" WITHOUT READING THE AGREEMENT, YOU ARE
STILL AGREEING TO BE BOUND BY ALL TERMS OF THE AGREEMENT,
WITHOUT LIMITATION. IF YOU DO NOT AGREE TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT "I DO NOT ACCEPT
THE AGREEMENT" AND YOU SHALL NOT RECEIVE THE MX DATA.
1.For the purpose of this Agreement, the
following terms shall have the meanings set out below: a)
"Bid/Ask Data" means the bid-ask quotations as quoted for
securities or derivatives traded on the MX, to be provided on
a timely basis upon request subject to limitations imposed by
systems and communications network capacity. b) "Data"
means Market Data and/or Data Feed as the case may be. c)
"Data Feed" means a bundled transmission of electronic signals
provided by the MX containing the Market Data. d) "Delayed
Data", "Delayed Market Data" and "Delayed Data Feed" means
that the Market Data and/or the Data Feed is delivered to the
Vendor or a person fifteen (15) minutes or more after the MX
makes it available through its transmission facilities. e)
"Last Sale Data" means, at any given time, those last sale
prices which reflect completed transactions for securities or
derivatives traded on the MX, to be provided on a timely basis
following the occurrence of each transaction subject to
limitations imposed by systems and communications network
capacity. f) "Market Data" means the trading information
with respect to securities or derivatives traded on the MX,
including, without limitation, Last Sale Data and Bid/Ask
Data. g) "MX" means Bourse de Montréal Inc. h)
"Non-Professional" means any natural person who is not a
Professional. i) "Professional" means any broker, dealer,
investment adviser, person or a person otherwise employed by
an organization conducting professional activities involving
the buying and selling of financial instruments such as
stocks, bonds, options, futures contracts or other trading
instruments. In addition, a person shall be considered a
Professional if it is a consultant, independent contractor,
software developer or provider or other that use Data for any
purposes for profit other than the trading of a personal
account. A Professional can be a person registered or
qualified with:
- 1. a provincial securities commission;
- 2. the Securities Exchange Commission;
- 3. the Commodities Futures Trading
- Commission;
- 4. the Financial Services Authority;
- 5. any provincial state or other government securities
or derivatives agency;
- 6. any securities or derivatives exchange or
association.
j) "Real-time Data", "Real-time
Market Data" and "Real-time Data Feed" means that the Market
Data and/or Data Feed is delivered to the Vendor or the
Subscriber within a fifteen (15) minute period after the MX
makes it available through its transmission facilities. k)
"Unit" means any type of equipment, fixed, portable or
wireless, that is enabled to receive Data for subsequent
display, voice display, viewing, interrogation, processing,
storage or communication as a result of a broadcast of the
Data to that equipment or as a response to an inquiry and to
which Vendor or Sub-vendor controls Data access. Vendor’s or
Sub-vendor’s control does not allow for concurrent reception
of Data as access is unique to each end-user.
2.The Subscriber is not and will not be engaged
in the operation of any illegal business and will not use, or
permit any person to use, the Market Data obtained, or any
part thereof, for any illegal purpose.
3.
Subscriber understands and acknowledges that the MX has a
proprietary interest in the Data and that the same is not
within the public domain. The use of any Data provided to the
Subscriber by the Vendor or Sub-vendor is subject to the
limitations set out in this Agreement.
4. The
Subscriber will not furnish the Market Data received, or any
part thereof, to any other person, firm or corporation nor to
any other office or place, including a branch office, nor will
it copy, reproduce or retransmit Market Data without prior
written approval from the MX.
5. If the
Subscriber shall furnish, or permit to be furnished, the
Market Data, or any part thereof, to any person, firm or
corporation without the approval of the MX and in
contravention of this Agreement, the MX may take any action
against such person, firm or corporation to whom the Market
Data is furnished to prevent the receipt of use thereof by
said person, firm or corporation either with or without making
the Subscriber a party to such action.
6. The
MX shall be entitled, without any liability to Subscriber or
to any other person, firm or corporation to make such changes
in the speed or other characteristics of the signals presently
being furnished by it, as the MX may from time to time
determine (whether or not such changes would require changes
to be made by the Vendor or Sub-vendor or Subscriber to its or
their mode(s) or operation or would render its or their
equipment or software unsatisfactory or inoperative).
7. Trademarks and logos used by MX are
registered or unregistered marks or logos of MX or others, are
the property of their respective owners and may not be used
without written permission of the owner of such marks or
logos.
8. Neither the MX nor its managers,
officers, employees or agents guarantees the sequence,
accuracy or completeness of the Market Data. The MX, its
managers, officers,employees and agents shall not be liable in
any way to the Subscriber or to any other person, firm or
corporation for any delays, inaccuracies, errors or omissions
from the Market Data, or in the transmission or termination
thereof, or any nonperformance or interruption of service, or
for any damages, consequential or otherwise, arising therefrom
or occasioned thereby, whether or not resulting from
negligence on his, its or their part. The MX, its managers,
officers, employees and agents shall not in any event,
including its own negligence, be liable beyond the actual
amount of the loss or damage, or the sum of fifty (CA$ 50.00)
dollars, whichever is less.
9. Subscriber
discharges the MX, its managers, officers, employees, and
agents from any liability for any damages, loss, costs,
expense or claim suffered by or made against the Subscriber as
a result of its use of the Market Data. Furthermore, the
Subscriber shall indemnify the MX and its representatives for
any loss or damage that it incurs as a result of a breach or
default by the Subscriber under this agreement.
10. Subscriber acknowledges that the MX may, on
its sole discretion, terminate the right of any or all
persons, firms or corporations including the Subscriber, to
receive all or any part of the Market Data through the Vendor
or Sub-vendor services, and the MX shall not be liable to the
Subscriber in any manner whatsoever by virtue of any such
termination. The Subscriber acknowledges that the Vendor or
Sub-vendor shall, forthwith upon written request from the MX,
cease furnishing any portion of the Market Data to any
Subscriber or group of Subscribers or other person or persons.
11. The MX does not and will not endorse in any
manner any of the equipment through which the Subscriber
receives the Market Data.
12. The Subscriber
may terminate this agreement with thirty (30) days prior
written notice to the Vendor or Sub-vendor. Termination of
this agreement is final. Subscriber is required to execute a
new agreement to receive Market Data thereafter.
13. This Agreement shall be interpreted in
accordance with and be governed in all respects by the laws of
Canada and of the Province of Quebec.
14. The
parties hereto confirm that it is their wish that this
Agreement as well as all other documents relating hereto,
including notices, have been and shall be drawn up in English
only. Les parties aux présentes confirment leur volonté que
cette convention de même que tous les documents afférents, y
compris tous avis s’y rattachant, soient rédigés en anglais
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