Common use of Scope of Applicability Clause in Contracts

Scope of Applicability. The following General Terms and Conditions in Sections 1 to 16 shall apply to each form of Non-Display Information Usage, unless otherwise stipulated in the Supplemental Provision II for certain methods of onward dissemination and/or types of Information. 1 Definitions Third-party company which is directly or indirectly controlled by the relevant party, which directly or indirectly controls the relevant party or which is jointly directly or indirectly controlled, together with the relevant party, by the same parent company. Control is, in particular, deemed to exist in the event of a direct or indirect shareholding of more than 50 percent. Delayed Information which is available at the earliest on the day after that on which the Information was generated (i.e. after 24.00 o’clock local time at the location of the relevant exchange). Information which is available for use with a time delay of at least 15 minutes after its creation. Quotes, prices, turnover figures, indices and other data marketed by Deutsche Börse AG, which are sourced by the Contracting Party either directly or indirectly. As Information is deemed also data derived therefrom, from which (i) the originally quotes, prices, turnover figures, indices or other data marketed by Deutsche Börse AG can be determined through calculation or automated processes and/or (ii) the alteration is formed in a way that the derived data can be used instead of the originally by the Deutsche Börse AG marketed quotes, prices, turnover figures, indices or other data (i.e. as substitute). In case of doubt Deutsche Börse AG determines at its sole discretion whether derived data is Information within the meaning of (i) and/or (ii) above. Bundling of Deutsche Börse AG Information as specified in the Price List to the Non-Display Agreement. Online system of Deutsche Börse AG for authorized users of the Contracting Party which contains a contract management area that is to be used for notifications in accordance with the Non-Display Agreement and other purposes.