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Exchange Data Reports Subscriber Agreement

SUBSCRIBER MUST READ AND AGREE BELOW TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ORDER TO RECEIVE AND USE THE REPORTS AND DATA MADE AVAILABLE BY CBOE EXCHANGE, INC.

This Exchange Data Reports Subscriber Agreement ("Agreement") is between Cboe Exchange, Inc. ("Cboe"), a Delaware corporation with its principal place of business at 400 South LaSalle Street, Chicago, Illinois 60605, and the undersigned "Subscriber". The purpose of this Agreement is to establish the terms and conditions ("Terms") pursuant to which Subscriber may receive and use the reports and data relating to trading activity on Cboe, Cboe C2 Options Exchange, Inc. ("C2"), Cboe BYX Exchange, Inc. ("BYX"), Cboe BZX Exchange, Inc. ("BZX"), Cboe EDGA Exchange, Inc. ("EDGA"), Cboe EDGX Exchange, Inc. ("EDGX") and Cboe Futures Exchange, LLC ("CFE") provided to Subscriber by Cboe (collectively, "Data"). References to "Exchange" in this Agreement mean each of Cboe, C2, BYX, BZX, EDGA, EDGX and CFE.

1. LICENSE. Upon acceptance of these Terms, Subscriber and its Affiliates (as defined below) shall have a limited, non-exclusive, worldwide, and non-transferable license to receive and use Data solely for Subscriber's and its Affiliates’ own personal or internal business purposes and for no other purposes. For purposes of this Agreement, an "Affiliate" of Subscriber shall include any entity that, from time to time, directly or indirectly controls, is controlled by, or is under common control with Subscriber, where control means the power to direct or cause the direction of the management or policies of another entity, whether through the ownership of voting securities, by contract, or otherwise. Subscriber accepts the terms and conditions of this Agreement on behalf of its Affiliates, accepts full responsibility for performance by its Affiliates of the obligations of Subscriber under this Agreement, and shall cause its Affiliates to comply with the terms and conditions of this Agreement applicable to Subscriber. Subscriber will have no rights with respect to Data except as expressly provided in this Agreement. Subscriber is prohibited from selling, distributing, transferring, or otherwise disseminating Data to any other person or entity.
2. FEES. Subscriber agrees to pay any applicable charge(s) set forth on the applicable Exchange Fees Schedule to receive Data that is ordered by Subscriber and agrees to make such payments prior to the provision by Cboe to Subscriber of such Data. All charges to receive Data on a one-time basis will be billed immediately. The initial charge for any Data subscription involving the recurring provision of Data to Subscriber will be billed immediately and each subsequent charge for the subscription will be billed on a monthly basis in advance of the monthly period with respect to which the charge applies or pursuant to the Exchange's then current billing and payment procedures if Subscriber has an established billing relationship with the Exchange. If Subscriber identifies a credit card account when placing an order, all charges for the order will be billed to that account. Subscriber represents and warrants that Subscriber is fully entitled to authorize Cboe to make charges for an order to the credit card account that Subscriber identifies when placing the order. All charges to receive Data are non-refundable except as provided in Sections 4 and 5 below.
3. FEE CHANGES. An Exchange may change the applicable charges for the one-time receipt of Data and for the recurring receipt of Data at any time with no requirement of advance notice, except that Cboe shall use commercially reasonable efforts to provide advance notice to Subscribers then receiving Data on a recurring basis of any increase in the applicable subscription charges to receive that Data.
4. CANCELLATION. Each order to receive Data on a one-time basis is final and non-cancellable by Subscriber. Each order to receive Data on a recurring basis may be cancelled after the initial receipt of Data under the order effective upon notice by either party, in which case Cboe shall refund to Subscriber any prepayments made by Subscriber to Cboe (or the pro-rata portion thereof, if applicable) for Data that Cboe has not yet provided to Subscriber under the cancelled order.
5. CESSATION OF PROVISION OF DATA. Cboe, in its sole discretion, may cease or discontinue the provision of Data to Subscriber at any time with no requirement of advance notice. In such an event, Cboe shall refund to Subscriber any prepayments made by Subscriber to Cboe (or the pro-rata portion thereof, if applicable) for Data requested or ordered by Subscriber that Cboe will not be providing to Subscriber.
6. SUPPORT. Cboe shall not be responsible to Subscriber to provide any technical support, any maintenance, or any corrections or updates to Data previously provided.
7. PROPRIETARY RIGHTS. Any proprietary rights that may exist in each element of Data are and shall remain with Cboe or the provider of such Data to Cboe, and neither Cboe nor any such provider shall be deemed to have waived any such proprietary rights in any Data as a result of the furnishing of the same to Subscriber.
8. DISCLAIMER. THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CBOE, NOR ANY PROVIDER OF DATA TO CBOE, NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL HAVE ANY LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOST PROFITS OR LOST OPPORTUNITIES AND WHETHER BASED UPON CONTRACT, TORT, WARRANTY, OR OTHERWISE) FOR ANY INACCURACIES, OMISSIONS, HUMAN OR MACHINE ERRORS, OR OTHER IRREGULARITIES IN THE DATA OR FOR ANY CESSATION, DISCONTINUANCE, FAILURE, MALFUNCTION, DELAY, SUSPENSION, INTERRUPTION, OR TERMINATION OF, OR WITH RESPECT TO, THE PROVISION OF THE DATA TO SUBSCRIBER. THE DATA IS NOT, AND SHOULD NOT BE CONSTRUED AS FINANCIAL, LEGAL OR OTHER ADVICE OF ANY KIND, NOR SHOULD IT BE REGARDED AS AN OFFER OR AS A SOLICITATION OF AN OFFER TO BUY, SELL OR OTHERWISE DEAL IN ANY INVESTMENT.
9. INDEMNIFICATION. Subscriber agrees to indemnify Cboe, providers of Data, their respective affiliates, and their respective directors, officers, employees, contractors, and agents, from and against any and all losses, damages, expenses, claims, demands, suits, judgments, penalties, and costs of any kind whatsoever, including reasonable attorneys' fees and expenses, arising out of or in connection with Subscriber's and its Affiliates’ use of or inability to use the Data, including without limitation, any inaccuracy, omission, human or machine error, or other irregularity in the Data or any cessation, discontinuance, failure, malfunction, delay, suspension, interruption, or termination of, or in connection with, the provision of the Data to Subscriber; provided however, such indemnity shall not include any liability arising from any claim that the Data infringes a copyright, patent, trademark, or other proprietary right of a third party.
10. ASSIGNMENT. Subscriber may not assign or otherwise transfer this Agreement or any rights hereunder. Cboe may assign this Agreement to an affiliate of Cboe or to a third party that is a successor to Cboe’s business of providing Data.
11. CHOICE OF LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to choice of law principles. Any and all court proceedings arising out of, relating to, or referencing this Agreement any way, shall be brought in, and only in, a United States federal or Illinois state court sitting in Chicago, Illinois. Each party hereby consents to the exercise of jurisdiction by such courts and irrevocably waives any objection that such party may now or later have based on venue or forum non conveniens with respect to any action initiated in such courts.
12. NOTICES. Any notice under this Agreement by Cboe to Subscriber may be given via electronic mail to the e-mail address for Subscriber provided to Cboe when registering with Cboe or subscribing to receive Data. Any notice under this Agreement by Subscriber to Cboe may be given via electronic mail to [email protected] with a copy to [email protected].
13. MISCELLANEOUS. The failure or delay to enforce any rights under this Agreement shall not constitute a waiver of such rights, any other rights, or any future rights arising hereunder. All rights and remedies under this Agreement shall be cumulative and none shall exclude or prejudice any other right or remedy available under law or by virtue of the provisions of this Agreement. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each term and provision hereof shall be valid and enforced to the fullest extent permitted by law. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements and understandings between the parties with respect to such subject matter. No modification or amendment of this Agreement shall be effective unless it is in writing and signed by a duly authorized representative of each party. Paragraphs 7, 8, 9, 11, 13 and 14 shall survive the termination or expiration of this Agreement.
14. WEBSITE DISCLAIMER. Options involve risk and are not suitable for all investors. Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options (ODD). Copies of the ODD are available from your broker or from The Options Clearing Corporation through its website at http://optionsclearing.com/about/publications/character-risks.jsp or by mail to 125 S. Franklin Street, Suite 1200, Chicago, IL 60606. Futures trading is not suitable for all investors and involves the risk of loss. The risk of loss in futures can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. For additional information regarding futures trading risks, see the Risk Disclosure Statement set forth in CFTC Regulation §1.55(b). No statement within the Cboe website ("Website") should be construed as a recommendation to buy or sell a security or futures contract or to provide investment advice. The inclusion of non-Cboe advertisements on the Website should not be construed as an endorsement or an indication of the value of any product, service, or website.

BY CLICKING ON "I AGREE" BELOW, YOU AGREE THAT THE FOLLOWING IS TRUE: (1) YOU REPRESENT THAT YOU HAVE ACTUAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUBSCRIBER; (2) YOU HAVE READ THE TERMS STATED ABOVE; (3) YOU UNDERSTAND THE TERMS STATED ABOVE; AND (4) SUBSCRIBER AGREES TO ABIDE AND BE BOUND BY ALL OF THE TERMS STATED ABOVE.