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Taiwan Stock Exchange Corporation Contract for the Use of Trading Information  CH

Amended Date: 2005.07.29 
Categories: Information Operations
1     This Agreement is entered into on the _____ day of _______ , ________ by and between Taiwan Stock Exchange Corporation (hereinafter referred to as "Party A")and _____________________ (hereinafter referred to as "Party B"), in regard to Party B's application in accordance with the "Regulations Governing the Use of Trading Information" and relevant regulations stipulated by Party A for indirect connection of and obtaining trading information for transmitting or broadcasting to Party B's subscribers, based on the following terms and conditions as mutually agreed upon by both parties hereto:

Article 1
    Party A agrees that, after the signing of this Agreement, Party B will have an access to the following trading information through an indirect connection via ____________ (hereinafter referred to as "User"):(please tick the appropriate item)
    ( )Real-time stock price index information
    ( )Delayed trading information
    In case of change of the item ticked above, it shall require the written consent of Party A and payment of all necessary fees for such change.

Article 2
    After this Agreement has been executed and effective and at the time it uses the trading information, Party B shall use the trading information abide by the relevant laws and regulations stipulated by the authority in charge of securities, the "Regulations Governing the Use of Trading Information" of Party A and the provisions of other relevant rules, circular letters and public announcements and shall pay fees for the use of information and other fees.
    Where there is any amendment to the relevant provisions of any laws, regulations, rules, circular letter or public announcements subsequent to the execution of this Agreement, Party A shall not be obligated to notify Party B of such amendment. Party B may reach a covenant or agreement with the User to the effect that the User shall notify [Party B of] such amendment on a timely basis, and Party B shall not refuse to comply with such amendment by asserting that it did not know such amendment.

Article 3
    Without Party A's consent, neither Party B nor its subscriber(s)shall convert Party A's trading information into indexes or other derivative products. If Party B violates the foregoing provision, Party A may terminate this Agreement or request Party B to cease the transmission of trading information to its subscriber(s).

Article 4
    The picture plane of trading information provided by Party B shall conspicuously show Party B's name or service mark to signify the identity of the information provider, and statement that the contents of the information are processed and provided by the User, together with a remark "source of information: Taiwan Stock Exchange; TWSE".
    When transmitting or broadcasting delayed trading information, Party B shall conspicuously display on the picture plane that the trading information provided is more than twenty(20)minutes later than the real-time trading information so as not to mislead users of such information. In case of any failure to display or failure to conspicuously display which results in any dispute, Party B shall be solely liable for all legal obligations.

Article 5
    Party B may only transmit or broadcast the trading information ticked in Article 1 hereof and provided by the User. Any change of the source of the trading information shall require written consent of Party A.

Article 6
    Without Party A's written consent, Party B shall not transmit the trading information to other operators for renting, sale, broadcasting or operating web sites in connection with the provision of information, or for sharing the trading information with other operators.

Article 7
    Party A may at any time and from time to time dispatch its personnel to inspect Party B's equipment room and to check the operation of Party B in regard to the use, broadcasting or re-transmission of trading information, to which Party B shall not refuse or avoid.

Article 8
    Party A does not provide any guarantee on the trading information transmitted to Party B by the User. If the User fails to perform its agreement for the provision of trading information with Party B, Party A shall not be held responsible for the performance of such agreement on behalf of the user.

Article 9
    In case the trading information provided to the User by Party A is interrupted during transmission or the equipment used for providing such information is out of order and cannot be properly functioned, Party A shall not be liable for any damages sustained therefore.

Article 10
    Upon the termination of the agreement on supply of trading information executed by and between Party A and the User or the agreement for the provision of trading information executed by and between Party B and the User, this Agreement shall be automatically terminated.

Article 11
    Where Party A must discontinue the transmission of trading information or change the contents of trading information because of business needs or the policies and instructions given by competent authorities, Party A may terminate or amend this Agreement by giving Party B a three -month(3)prior written notice starting the reasons therefore, to which Party B shall not raise any objection.

Article 12
    In case Party B violates any provisions of this Agreement, Party A shall be entitled to terminate this Agreement and notify the User to cease the transmission of trading information to Party B.

Article 13
    Neither party shall assign this Agreement without the other party's written consent.

Article 14
    In case of any dispute arising from this Agreement, both parties agree that the Taipei District Court of Taiwan shall be the court of in the first instance.

Article 15
    The Agreement if prepared in both Chinese and English versions, and in the event of any discrepancy, the Chinese version shall prevail.

Article 16
    This Agreement is executed in two(2)counterparts, with each party to hold one as evidence.

    Party A: Taiwan Stock Exchange Corporation
    Responsible Person: General Manager
    Address: 9-12F, No.7, Sec.5, Xinyi Rd., Taipei, Taiwan 11049, Republic of China

    Party B:
    Responsible Person:

    The Date of Contract: