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The NYSE Non-Professional Subscriber Agreement outlines the terms under which TradeStation Technologies, Inc. provides Market Data to Subscribers, emphasizing the proprietary nature of the data and the responsibilities of the Subscriber. It defines a Nonprofessional Subscriber as an individual using the data for personal, non-business purposes and includes provisions regarding data accuracy, permitted use, and enforcement. The Agreement remains effective as long as the Subscriber can receive Market Data and is governed by New York law.
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0% found this document useful (0 votes)
10 views2 pages

Download

The NYSE Non-Professional Subscriber Agreement outlines the terms under which TradeStation Technologies, Inc. provides Market Data to Subscribers, emphasizing the proprietary nature of the data and the responsibilities of the Subscriber. It defines a Nonprofessional Subscriber as an individual using the data for personal, non-business purposes and includes provisions regarding data accuracy, permitted use, and enforcement. The Agreement remains effective as long as the Subscriber can receive Market Data and is governed by New York law.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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TradeStation Technologies, Inc.

NYSE Non-Professional Subscriber Agreement


TradeStation Technologies, Inc. ("Vendor") agrees to make "Market Data" available to you pursuant to the terms and conditions
set forth in this NYSE Non-Professional Subscriber Agreement (this “Agreement”). By agreeing to and accepting this Agreement (as
part of an online application or any other sign-up process), you ("Subscriber") agree to comply with those terms and conditions. You
understand and agree that this Agreement has the same binding legal force and effect of a contract signed in ink and delivered in
person. 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 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 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.

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TradeStation Technologies, Inc.

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, 3and 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 agreeing to and accepting this Agreement represents and warrants that he or she has legal capacity to contract and,
if that person is agreeing to and accepting 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.

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 Advisers 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."
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."
11. PERMITTED USE - If Subscriber is a Nonprofessional Subscriber, he or she shall receive Market Data solely for his or her
personal, non-business use.
12. CERTIFICATION

By agreeing to and accepting this Agreement, Subscriber hereby certifies that he or she falls within Paragraph 9's definition
of "Nonprofessional Subscriber" and that the personal and employment information that he or she has provided to Vendor
is truthful and accurate.

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