Subscriber Data Agreement

AGREEMENT FOR 

MARKET DATA DISPLAY SERVICES 

(Nonprofessional Subscriber Status) 

Deepvue LLC ("Vendor")  agrees to make "Market Data" available to you pursuant to the terms and conditions set forth in  this agreement. By executing this Agreement in the space indicated below, you ("Subscriber")  agree to comply with those terms and conditions. Section 1 sets forth terms and conditions of  general applicability. Section 2 applies insofar as Subscriber receives and uses Market Data made  available pursuant to this Agreement as a Nonprofessional Subscriber. 

SECTION 1: TERMS AND CONDITIONS OF GENERAL APPLICABILITY 

1. MARKET DATA DEFINITION – For all purposes of this Agreement, "Market  Data" means (a) last sale information and quotation information relating to securities that are  admitted to dealings on the New York Stock Exchange ("NYSE*"), (b) such bond and other  equity last sale and quotation information, and such index and other market information, as  United States-registered national securities exchanges and national securities associations (each,  an "Authorizing SRO") may make available and as the NYSE* may from time to time designate  as "Market Data"; and (c) all information that derives from any such information. 
2. PROPRIETARY NATURE OF DATA – Subscriber understands and  acknowledges that each Authorizing SRO and Other Data Disseminator has a proprietary interest  in the Market Data that originates on or derives from it or its market(s). 
3. ENFORCEMENT – Subscriber understands and acknowledges that (a) the  Authorizing SROs are third-party beneficiaries under this Agreement and (b) the Authorizing  SROs or their authorized representative(s) may enforce this Agreement, by legal proceedings or  otherwise, against Subscriber or any person that obtains Market Data that is made available  pursuant to this Agreement other than as this Agreement contemplates. Subscriber shall pay the  reasonable attorney's fees that any Authorizing SRO incurs in enforcing this Agreement against  Subscriber. 
4. DATA NOT GUARANTEED – Subscriber understands that no Authorizing  SRO, no other entity whose information is made available over the Authorizing SROs' facilities  (an "Other Data Disseminator") and no information processor that assists any Authorizing SRO  or Other Data Disseminator in making Market Data available (collectively, the "Disseminating  Parties") guarantees the timeliness, sequence, accuracy or completeness of Market Data or of 

Last Update: November 1, 2013 

other market information or messages disseminated by any Disseminating Party. Neither  Subscriber nor any other person shall hold any Disseminating Party liable in any way for (a) any  inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) the  transmission or delivery of any such data, information or message, or (b) any loss or damage  arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non 

performance or (iii) interruption in any such data, information or message, due either to any  negligent act or omission by any Disseminating Party, to any "force majeure" (e.g., flood,  extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot,  labor dispute, accident, action of government, communications or power failure, equipment or  software malfunction) or to any other cause beyond the reasonable control of any Disseminating  Party. 

5. PERMITTED USE – Subscriber shall not furnish Market Data to any other  person or entity. If Subscriber receives Market Data other than as a Nonprofessional Subscriber,  it shall use Market Data only for its individual use in its business. 
6. DISSEMINATION DISCONTINUANCE OR MODIFICATION – Subscriber understands and acknowledges that, at any time, the Authorizing SROs may  discontinue disseminating any category of Market Data, may change or eliminate any  transmission method and may change transmission speeds or other signal characteristics. The  Authorizing SROs shall not be liable for any resulting liability, loss or damages that may arise  therefrom. 
7. DURATION; SURVIVAL – This Agreement remains in effect for so long as  Subscriber has the ability to receive Market Data as contemplated by this Agreement. In addition,  Vendor may terminate this Agreement at any time, whether at the direction of the Authorizing  SROs or otherwise. Paragraphs 2, 3 and 4, and the first two sentences of Paragraph 8, survive any  termination of this Agreement. 
8. MISCELLANEOUS – The laws of the State of New York shall govern this  Agreement and it shall be interpreted in accordance with those laws. This Agreement is subject to  the Securities Exchange Act of 1934, the rules promulgated under that act, and the joint-industry  plans entered into pursuant to that act. This writing contains the entire agreement between the  parties in respect of its subject matter. Subscriber may not assign all or any part of this Agreement  to any other person. The person executing this Agreement below represents and warrants that he  or she has legal capacity to contract and, if that person is executing this Agreement on behalf of a  proprietorship or a business, partnership or other organization, represents and warrants that he or  she has actual authority to bind the organization.

Last Update: November 1, 2013 

ACCEPTED AND AGREED: I, the "Subscriber" to which the preceding terms  and conditions refer, acknowledge that I have read the preceding terms and conditions of this  Section 1, that I understand them and that I hereby manifest my assent to, and my agreement to  comply with, those terms and conditions by "clicking" on the following box:

SECTION 2: NONPROFESSIONAL SUBSCRIBER 

9. NONPROFESSIONAL SUBSCRIBER DEFINITION -"Nonprofessional  Subscriber" means any natural person who receives market data solely for his/her personal, non business use and who is not a “Securities Professional.” A “Securities Professional” includes an  individual who, if working in the United States, is: 

(a) registered or qualified with the Securities and Exchange Commission (the  "SEC"), the Commodities Futures Trading Commission, any state securities  agency, any securities exchange or association, or any commodities or futures  contract market or association. 

(b) engaged as an "investment advisor" as that term is defined in Section 202 (a) (11)  of the Investment Advisor's Act of 1940 (whether or not registered or qualified  under that Act), or  

(c) employed by a bank or other organization exempt from registration under Federal  and/or state securities laws to perform functions that would require him or her to  be so registered or qualified if he or she were to perform such functions for an  organization not so exempt. 

A person who works outside of the United States will be considered a “Securities Professional” if  he or she performs the same functions as someone who would be considered a “Securities  Professional” in the United States.  

Subscriber may not receive Market Data as a “Nonprofessional Subscriber” unless the vendor  providing that data to Subscriber first determines that the individual falls within Paragraph 9’s definition of “Nonprofessional Subscriber.”  

Subscriber Status

US exchanges require employment information for all data recipients, including homemaker, student, retiree, etc...

US exchanges require all market data providers to identify each customer's subscriber status as a "Non-Professional" or "Professional".

10. PERMITTED RECEIPT - Subscriber may not receive Market Data from  Vendor, and Vendor may not provide Market Data to Subscriber, on a “Nonprofessional  Subscriber” basis unless Vendor first properly determines that Subscriber qualifies as a  “Nonprofessional Subscriber” as defined in Paragraph 9 and Subscriber in fact qualifies as a  “Nonprofessional Subscriber.” In determining whether a Subscriber qualifies as a  “Nonprofessional Subscriber,” Vendor shall consider whether Subscriber would answer “No” to the following questions: