Terms of Use

QVIEW and TRADEINFO TERMS OF USE

Please read the following terms and conditions (collectively, the “Terms of Use”) carefully before continuing to use QViewSM and/or TradeInfoSM (each a “NASDAQ OMX Trading Application” and, collectively, the “NASDAQ OMX Trading Applications”). By logging into and using one of the NASDAQ OMX Trading Applications, you signify your acceptance of these Terms of Use.

GRANT OF LICENSE; RESTRICTIONS ON USE.

The NASDAQ OMX Group, Inc. (collectively, with its affiliates and subsidiaries “NASDAQ OMX”) grants each NASDAQ OMX Trading Application user (“User”) a non-exclusive, non-assignable, non-transferable license to use the NASDAQ OMX Trading Applications, including but not limited to all text, content, and data contained therein (collectively the “NASDAQ OMX Trading Applications Data”) for any purpose not inconsistent with these Terms of Use, and in accordance with all applicable laws, statutes and regulations.

Each User must at all times be an employee of a member firm of The NASDAQ Stock Market or authorized by a member firm per a signed Sponsored Access agreement. User may access the Service only through a password issued by NASDAQ OMX. User may not transfer, assign or share the password with any other individual or entity (including, but not limited to any individual employed by the same company as User) without NASDAQ OMX's prior written approval.

User shall take reasonable security precautions to prevent an unauthorized individual or entity from gaining access to the NASDAQ OMX Trading Applications, and shall comply with all reasonable security specifications or instructions of NASDAQ OMX in order to prevent the NASDAQ OMX Trading Applications from being improperly used or accessed. User is responsible for promptly notifying NASDAQ OMX if User’s password is lost, stolen or misused. User is also responsible for promptly notifying NASDAQ OMX upon either: (a) a change in User’s role or responsibility at User’s company; or (b) the termination of User’s employment with User’s company, and is personally liable to NASDAQ OMX for User’s unauthorized viewing or use of the NASDAQ OMX Trading Applications or any NASDAQ OMX Trading Applications Data after such date of change or termination.

User is licensed to make use of the the NASDAQ OMX Trading Applications Data solely for the internal business purposes of User’s company. User may not market, sell or distribute any NASDAQ OMX Trading Applications Data or otherwise provide any NASDAQ OMX Trading Applications Data to any third party.

THE NASDAQ OMX TRADING APPLICATIONS AND THE NASDAQ OMX TRADING APPLICATIONS DATA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NASDAQ OMX DOES NOT RECOMMEND OR WARRANT THE USAGE OF NASDAQ OMX TRADING APPLICATIONS OR ANY NASDAQ OMX TRADING APPLICATIONS DATA FOR ANY LEGAL, FISCAL, OR REGULATORY PURPOSE.

User acknowledges and agrees that nothing in these Terms of Use constitutes an undertaking by NASDAQ OMX to provide updates, modifications or enhancements to either or both NASDAQ OMX Trading Applications or to continue providing either or both NASDAQ OMX Trading Applications, or any aspect or portion of either NASDAQ OMX Trading Application, in the future.

PROPRIETARY RIGHTS.

The NASDAQ OMX Trading Applications and the NASDAQ OMX Trading Applications Data are protected by copyright, trademark, and other proprietary rights and laws of the United States and other countries. User acknowledges all intellectual property rights and trade secrets, in and to the NASDAQ OMX Trading Applications and the NASDAQ OMX Trading Applications Data, belong solely to NASDAQ OMX and NASDAQ OMX’s information providers, whether or not marked. User shall not share, transfer, disclose, copy, publish or create derivative works from the NASDAQ OMX Trading Applications Data without NASDAQ OMX's prior written approval.

Any permitted reproduction of the NASDAQ OMX Trading Applications Data shall include all applicable titles, trademarks, copyright, proprietary and restricted rights notices.

DISCLAIMER OF WARRANTY.

THE NASDAQ OMX TRADING APPLICATIONS AND THE NASDAQ OMX TRADING APPLICATIONS DATA ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. NASDAQ OMX AND ITS INFORMATION PROVIDERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF ANY KIND TO USER, INCLUDING ALL WARRANTIES AS TO ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE. NASDAQ OMX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE NASDAQ OMX TRADING APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. USER, AS A MATERIAL CONDITION OF USER’S RIGHT AND LICENSE TO ACCESS THE NASDAQ OMX TRADING APPLICATIONS AND VIEW THE NASDAQ OMX TRADING APPLICATIONS DATA, EXPRESSLY WAIVES ANY CLAIM USER MAY HAVE AGAINST NASDAQ OMX WITH REGARD TO THE USE OF THE NASDAQ OMX TRADING APPLICATIONS OR ANY NASDAQ OMX TRADING APPLICATIONS DATA, IN WHOLE OR IN PART.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL NASDAQ OMX OR ANY OF ITS INFORMATION PROVIDERS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM USE OF ANY NASDAQ OMX TRADING APPLICATIONS DATA, ANY DELAY OR INTERRUPTION OF EITHER NASDAQ OMX TRADING APPLICATION, OR OMISSIONS OR INACCURACIES ON THE NASDAQ OMX TRADING APPLICATIONS OR IN THE NASDAQ OMX TRADING APPLICATIONS DATA) EVEN IF NASDAQ OMX OR AN INFORMATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

PRIVACY POLICY.

User acknowledges that access to the NASDAQ OMX Trading Applications require the registration of all Users. NASDAQ OMX only receives that information that User submits through the registration process. This registration feature allows NASDAQ OMX to provide User with relevant information and material. This information is not gathered without User’s knowing, active permission and participation.

NASDAQ OMX also receives name, contact and e-mail address information only when personally submitted by User through the optional contact feature. This feature allows NASDAQ OMX to respond to User’s inquiries. This information is not gathered by NASDAQ OMX without User’s knowing, active permission and participation. NASDAQ OMX respects the privacy of its Users and does not share any personally identifiable information with any third party not affiliated with NASDAQ OMX except when required to do so by law. If you would like to change or delete any information submitted either through the registration or the optional contact feature, please contact NASDAQ OMX Trading Services at +1 212 231 5100.

MODIFICATION AND MONITORING.

NASDAQ OMX reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.

Accordingly, Users should check these Terms of Use periodically for any changes. User’s use of either NASDAQ OMX Trading Application after the posting of any such modifications will constitute User’s acceptance of the modified Terms of Use. Any terms and conditions proposed by User which are in addition to or which conflict with these Terms of Use are expressly rejected by NASDAQ OMX and shall be null and void.

JURISDICTION AND APPLICABLE LAW.

The laws of the State of New York govern these Terms of Use. If User elects to take legal action relating to either or both NASDAQ OMX Trading Applications, the NASDAQ OMX Trading Applications Data or these Terms of Use, User agrees to file such action only in the federal court in the Southern District of New York, and User likewise consents and submits to the personal jurisdiction of that court for the purpose of litigating any such action.

The failure of NASDAQ OMX to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

HEADINGS.

The section titles in these Terms of Use are used solely for User’s convenience and have no legal or contractual significance.

SEVERABILITY.

If any provision of these Terms of Use is deemed to be unlawful, void or unenforceable for any reason, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

ENTIRE AGREEMENT.

These Terms of Use constitute the entire agreement between User and NASDAQ OMX relating to the use of the NASDAQ OMX Trading Applications and the NASDAQ OMX Trading Applications Data. Any rights not expressly granted herein are reserved to NASDAQ OMX.

The NASDAQ OMX Group®, NASDAQ OMX®, and The NASDAQ Stock Market® are registered trademarks and QViewSM and TradeInfoSM are servicemarks of The NASDAQ OMX Group, Inc.

© Copyright 2011, The NASDAQ OMX Group, Inc. All Rights Reserved.