Common use of Proprietary Nature of Data Clause in Contracts

Proprietary Nature of Data. The Data, Cboe Specifications, and the Cboe Systems constitute valuable property of Cboe and its Affiliates (and/or their Third-Party Information Providers) and the Data Recipient must use them only in accordance with this Agreement or as authorized by Cboe. Data Recipient expressly acknowledges and agrees that, as between Cboe and Data Recipient, Cboe has the exclusive proprietary rights in and to the Cboe Specifications, Cboe Systems, and Data that (a) originates on or relates to trading on any of the Exchanges; (b) relates to activities that are regulated or operated by one or more of the Exchanges; (c) Cboe derives from Data that originates on or relates to any of the Exchanges; and (d) is a compilation of information and data that Cboe gathers from other sources pursuant to separate agreements with those sources. The Cboe Specifications, Cboe Systems, and all Data, including without limitation any and all intellectual property rights inherent therein or appurtenant thereto, shall, as between Cboe and Data Recipient, be and remain the sole and exclusive property of Cboe. Data Recipient shall not, by act or omission, diminish or impair in any manner the acquisition, maintenance, and full enjoyment by Cboe, its licensors, licensees, transferees, and assignees, of their proprietary or other rights in any Data, Cboe System, or Cboe Specifications. Data Recipient further acknowledges and agrees that Third-Party Information Providers (i) have exclusive proprietary rights in their respective information and data, and (ii) may impose certain requirements on the use and distribution of their respective information and data and/or information derived from their information and data that may be more restrictive than the rights set forth herein, and accordingly Data Recipient’s rights under this Agreement with respect to Data including or based on such third-party information and data is subject to any such requirements imposed by the subject Third-Party Information Provider from time to time, notwithstanding any terms and conditions of this Agreement to the contrary, and any violation of such requirements shall constitute a breach hereunder. Cboe makes no proprietary claim to Derived Data (as defined in the Data Policies).

Proprietary Nature of Data. The Data, Cboe Specifications, Data and the Cboe Systems System constitute valuable property of Cboe CDS and its Affiliates (and/or their Third-Party Information Providers) and the Data Recipient must use them only in accordance with this Agreement or as authorized by CboeAffiliates. Data Recipient expressly acknowledges and agrees that, as between Cboe CDS and Data Recipient, Cboe CDS has the exclusive proprietary rights in and to the Cboe Specifications, Cboe Systems, System and Data that (a) originates on or relates to trading on any of the Exchanges; (b) relates to activities that are regulated or operated by one or more of the Exchanges; (c) Cboe CDS derives from Data that originates on or relates to any of the Exchanges; and (d) is a compilation of information and data that Cboe CDS gathers from other sources pursuant to separate agreements with those sources. The Cboe Specifications, Cboe Systems, System and all Data, including without limitation any and all intellectual property rights inherent therein or appurtenant thereto, shall, as between Cboe CDS and Data Recipient, be and remain the sole and exclusive property of CboeCDS. Data Recipient shall not, by act or omission, diminish or impair in any manner the acquisition, maintenance, maintenance and full enjoyment by CboeCDS, its licensors, licensees, transferees, transferees and assignees, of their proprietary or other rights in any Data, Cboe Data and the System, or Cboe Specifications. Data Recipient further acknowledges and agrees that Third-Party Information Providers (i) have exclusive proprietary rights in their respective information and data, and (ii) may impose certain requirements on the use and distribution of their respective information and data and/or information derived from their information and data that may be more restrictive than the rights set forth herein, and accordingly Data Recipient’s rights under this Agreement with respect to Data including or based on such third-third party information and data is subject to any such requirements imposed by the subject Third-Party Information Provider from time to time, notwithstanding any terms and conditions of this Agreement to the contrary, and any violation of such requirements shall constitute a breach hereunder. Cboe CDS makes no proprietary claim to Derived Data (as defined in the North American Data Policies).