Market Data Distribution Clause Samples

Market Data Distribution. OCC may distribute to clearing members and non-clearing members the data files specified on Exhibit B (“Licensed Data”). The Licensed Data that contains Exchange Data shall be subject to the terms of this Section 7(h) (the used, licensed and distributed by OCC without restriction. Further, OCC may distribute Exchange Data to clearing members and non-clearing members for a period of seven (7) years from the date OCC received such Exchange Data from the applicable Exchange. OCC shall not have the right to license, distribute or otherwise provide any real time Exchange Data to either clearing members or non-clearing members unless otherwise agreed to by the Exchange in writing. Each Exchange acknowledges that the Exchange Licensed Data may include Derived Data and non-real time Exchange Data. (i) OCC may license the Exchange Licensed Data to clearing members solely pursuant to a written market data agreement that contains data license terms consistent with the terms of this Agreement, including using reasonable efforts to include terms substantially similar to those set forth in Section 7(h)(iv). Clearing members may license the Exchange Licensed Data solely to (A) their service providers engaged for the sole purpose of acting as a third party agent for clearing members to receive, transmit, and modify the Exchange Licensed Data to clearing member specifications (“Service Providers”) and (B) customers of their clearing services. Customers of clearing members shall be prohibited from redistributing the Exchange Licensed Data to third parties that are not such customers’ authorized agents. OCC may license Derived Data to clearing members and customers of clearing members without restriction. The clearing member market data agreement will require that the restrictions on use and distribution of Exchange Licensed Data and Exchange Data outlined in this Section 7(h) be imposed on all customers of clearing member, Service Providers, and authorized agents of customers of clearing members. (ii) OCC shall require all non-clearing member market data licensees to license the Exchange Data directly from the Exchange in order to receive Exchange Licensed Data from OCC, including using reasonable efforts to include terms substantially similar to those set forth in Section 7(h)(iv). OCC may license Derived Data to non-clearing members without restriction. Such Exchange Data licensees may be subject to applicable Exchange Data license fees in addition to any fees assessed by...