Common use of LICENSE TO USE INFORMATION, PROPRIETARY RIGHTS Clause in Contracts

LICENSE TO USE INFORMATION, PROPRIETARY RIGHTS. (a) If the interface with the System described in Distributor’s System Description enables Distributor to receive information for which Distributor has not been authorized (“Other Information”) or if Nasdaq otherwise inadvertently transmits Other Information to Distributor, Distributor shall notify Nasdaq and Distributor shall not knowingly furnish or knowingly permit to be furnished such Other Information to any third party or other place. If Nasdaq becomes aware of the fact that Distributor is receiving such Other Information, Nasdaq shall so notify Distributor. If Distributor knowingly so furnishes the Other Information to any third party or to any other place, or knowingly permits the Other Information to be so furnished, or otherwise knowingly makes use of the Other Information, Distributor shall be liable to Nasdaq pursuant to this Agreement for the Other Information, including, but not limited to, for charges for the Other Information. Distributor is considered to have knowingly furnished or used the Other Information if Distributor intentionally undertakes any efforts to modify Distributor’s Service or Distributor’s System in order to accommodate the Other Information or intentionally undertakes any efforts to market Distributor’s Service or Distributor’s System that is based on, uses or intentionally distributes the Other Information or of which the Other Information is a part. If knowingly received, Other Information shall be considered as Information for all other purposes under this Agreement.

LICENSE TO USE INFORMATION, PROPRIETARY RIGHTS. (a) If the interface with the System described in Distributor’s System Description enables Distributor to receive information for which Distributor has not been authorized (“Other Information”) or if Nasdaq NASDAQ OMX otherwise inadvertently transmits Other Information to Distributor, Distributor shall notify Nasdaq NASDAQ OMX and Distributor shall not knowingly furnish or knowingly permit to be furnished such Other Information to any third party or other place. If Nasdaq NASDAQ OMX becomes aware of the fact that Distributor is receiving such Other Information, Nasdaq NASDAQ OMX shall so notify Distributor. If Distributor knowingly so furnishes the Other Information to any third party or to any other place, or knowingly permits the Other Information to be so furnished, or otherwise knowingly makes use of the Other Information, Distributor shall be liable to Nasdaq NASDAQ OMX pursuant to this Agreement for the Other Information, including, but not limited to, for charges for the Other Information. Distributor is considered to have knowingly furnished or used the Other Information if Distributor intentionally undertakes any efforts to modify Distributor’s Service or Distributor’s System in order to accommodate the Other Information or intentionally undertakes any efforts to market Distributor’s Service or Distributor’s System that is based on, uses or intentionally distributes the Other Information or of which the Other Information is a part. If knowingly received, Other Information shall be considered as Information for all other purposes under this Agreement.

LICENSE TO USE INFORMATION, PROPRIETARY RIGHTS. (a) If the interface with the System described or usage of Information identified by Distributor in Distributor’s System Description accordance with the Nasdaq Requirements enables Distributor to receive information for which Distributor has not been authorized (“Other Information”) or if Nasdaq otherwise inadvertently transmits Other Information to Distributor, Distributor shall notify Nasdaq and Distributor shall not knowingly furnish or knowingly permit to be furnished such Other Information to any third party or other place. Nasdaq shall have the right to monitor Distributor’s usage of Information to ensure compliance with this Section including through manual and/or auto extraction of Information from Distributor’s System or Service notwithstanding any terms of service or other agreement governing such Distributor’s System or Service. If Nasdaq becomes aware of the fact that Distributor is receiving or distributing such Other Information, Nasdaq shall so notify Distributor. If Distributor knowingly so furnishes the Other Information to any third party or to any other place, or knowingly permits the Other Information to be so furnished, or otherwise knowingly makes use of the Other Information, Distributor shall be liable to Nasdaq pursuant to this Agreement for the Other Information, including, but not limited to, for charges for the Other Information. Distributor is considered to have knowingly furnished or used the Other Information if Distributor intentionally undertakes any efforts to modify Distributor’s Service interface with the System or Distributor’s System otherwise uses the Information other than as identified by Distributor in order to accommodate accordance with the Other Information Nasdaq Requirements or intentionally undertakes any efforts to market Distributor’s Service or Distributor’s System that is based on, uses or intentionally distributes the Other Information or of which the Other Information is a part. If knowingly received, Other Information shall be considered as Information for all other purposes under this Agreement.