Taiwan Stock Exchange Corporation Agreement on Supply and Use of
This Agreement, entered into this ____ day of _____, 200__, by
and between Taiwan Stock Exchange Corporation (hereinafter refe-
rred to as "Party A") and ____________________________________ (
hereinafter referred to as "Party B") pursuant to the "Regulati-
ons Governing the Use of Trading Information" stipulated by Par-
ty A for the provision by Party A of trading information for the
use of Party B. The parties have agreed to abide by the followi-
ng terms and conditions:
After this Agreement has been executed and become effective, Pa-
rty B shall have the right to use the trading information provi-
ded by Party A and shall observe the relevant laws and regulati-
ons stipulated by the competent authority, the "Regulations Gov-
erning the Use of Trading Information" of Party A, the provisio-
ns of other relevant rules, circular letters and public announc-
ements, and the obligation to pay fees or royalties; the same s-
hall be true when there is any amendment to the provisions of t-
he relevant regulations, rules, circular letters or public anno-
Where there is any amendment to the relevant provisions of any
laws, regulations, rules, circular letters or public announceme-
nts subsequent to the execution of this Agreement, Party A shall
be obligated to notify Party B, and Party B shall be bound to o-
bserve such amendment in a timely manner.
The ownership and other related rights over any trading informa-
tion provided by Party A to Party B in accordance with this Agr-
eement shall belong to Party A. Unless otherwise agreed by Part-
y A, Party B shall not relay, retransmit, reproduce, lend, leas-
e or sell to any third party such trading information, nor shal-
l Party B modify, make addition to, expand, delete from or dest-
roy, damage or make any other alteration of such trading inform-
ation and/or its devices and equipment.
Unless otherwise agreed by Party A, Party B and its users shall
not use the trading information of Party A for compiling indexes
or for devising other derivative products, nor shall Party B tr-
ansmit such trading information to third persons. In case of any
violation, Party A may terminate this Agreement or request that
Party B ceases transmitting trading information to such user.
Party A agrees that Party B may develop its own software and ha-
rdware equipment for processing the trading information; provid-
ed however that, in order to maintain the integrity of the secu-
rities market and the safety of the trading information, Party A
may place restrictions on such development. If, following such
development and processing of information by Party B, errors oc-
cur in the trading information, Party B shall bear sole legal
liability for any such errors.
Party B shall conspicuously indicate on the screen of the tradi-
ng information which is processed by its own development Party
B's name or other distinguishable service mark. In addition, a
remark that this information has been processed and provided by
Party B and a legend "source of the information: Taiwan Stock E-
xchange (TWSE) " shall also be shown on the screen.
In order to facilitate administration of the contents of the in-
formation referred to in the preceding Paragraph, if Party B tr-
ansmits trading information to its customers within the territo-
ry of Taiwan by means of a "dedicated line for data (including
dial-up line), cable modem or VPN," Party A may request that Pa-
rty B, at its own expense, provide three sets of electronic dis-
plays or user's accounts for use by Party A.
The contents of the trading information provided by Party A to
Party B shall be limited to those transmitting items listed in
the fee schedule of Party A's Regulations Governing the Use of
Trading Information. Party B shall pay separate royalties and o-
ther fees if Party B requires information other than those tran-
smitting items on the list.
In case it is necessary to change the transmitting items referr-
ed to in the immediately preceding Paragraph or their contents
due to business needs of Party A or the instructions of the com-
petent authority, Party A may at any time change it by giving P-
arty B notice in writing, to which Party B shall not raise any
In order to enable Party A to provide Party B, through direct c-
onnection, with the trading information in accordance with this
Agreement, Party B shall use the software and hardware equipment
which are compatible with those used by Party A and connect its
system with that of Party A, and shall use the method and format
designated by Party A for transmission..
Simultaneously with the execution of this Agreement by the part-
ies, Party B shall pay Party A Five Hundred Thousand New Taiwan
Dollars (NT$500,000) as the security sum. Upon termination or r-
escission of this Agreement, Party A shall refund the balance of
the security sum, without interest, to Party B after deducting
the outstanding obligations of Party B under this Agreement.
Party A agrees that Party B will transmit the trading informati-
on in the manner as described below (tick the appropriate box(
Methods: ____ dedicated line for data (dial-up line)
____ data feed
____ securities voice system
____ data base inquiry system
____ dynamic data
____ cellular mobile telephone
____ frequency modulation sub-carrier
In case of any change of the box(es) checked above, such change
shall become a part of this Agreement after Party A has given i-
ts written consent, and Party B shall pay the required fees in
accordance with the Criteria for Charging Fees.
The connection of the computer system between the parties pursu-
ant to this Agreement shall be used exclusively for transmission
of trading information described in this Agreement, and Party B
shall not use it for any other purposes.
The parties agree that, in the event of an interruption in the
transmission of trading information or a malfunction in the con-
nection transmission equipment after information transmission
has commenced pursuant to this Agreement, either party, after
verification of accountability for the cause, shall be entitled
to claim from the other party an amount no greater than that mo-
nths' fee for use of the trading information for damages arising
out of the unavailability of the trading information.
Party A agrees that Party B may accept the request of its users
to retransmit the trading information to the places of its users
in accordance with Party A's Regulations Governing the Use of
Party A may send personnel to inspect and check Party B's place-
(s) where the trading information is used, and Party B shall not
refuse or evade such inspection and checks. In case of any viol-
ation, Party A may deal with the situation in accordance with
Party A's Regulations Governing the Use of Trading Information.
The scope of the inspections and checks under the preceding par-
agraph shall be restricted to those which are necessary to asce-
rtain legal compliance by Party B in the use of trading informa-
tion, in accordance with the relevant provisions of Party A's
Regulations Governing the Use of Trading Information. Such insp-
ections and checks shall be performed in accordance with reason-
able requests by Party B relating to confidentiality, security,
and business matters.
Party A shall give advance notice to Party B when it needs to p-
erform an inspection or check. The costs of such inspections or
checks shall be borne solely by Party A.
In regard to the information, intelligence or other materials r-
elated to the business activities of either party or the subject
matters of this Agreement that may come to the knowledge of the
other party as a result of the performance of this Agreement,
the other party shall have the obligation to keep them in confi-
dence and shall not disclose them to other persons nor conduct
other acts that could adversely affect the interest of the first
In case the normal transmission of trading information is hinde-
red due to natural disaster, incident, strike, sabotage, force
majeure or any other accident, it shall not be deemed a breach
of contract by either party.
In order to meet the need for development of trading information
system or to comply with relevant rules and regulations, Party A
may terminate this Agreement by giving Party B a 3-month prior
written notice stating therein the cause thereof.
In case either party hereto is dissolved, ceases operation, goes
bankruptcy, reorganization or liquidation during the term of th-
is Agreement, this Agreement shall be deemed to have been termi-
Neither party hereto may assign or transfer this Agreement to a
third party without the prior written consent of the other party
The parties agree that Taipei District Court shall be the court
of the first instance in respect of any dispute between the par-
ties arising from or in connection with this Agreement.
Party B shall keep its subscribers informed of, and shall cause
its subscribers to abide by, the provisions of Party A's Regula-
tions Governing the Use of Trading Information and other related
rules, circular letters and public announcements.
Where there is any amendment to any provision of this Agreement
due to the business needs of Party A or according to the instru-
ctions of the Competent Authority, Party B shall abide by such
amendment if Party B does not express its intention to terminate
this Agreement within one (1) month after Party A has notified
Party B in writing of such amendment.
The term of this Agreement shall be two (2) years from the sign-
ing date hereof and may be renewed for one (1) additional year
upon expiration of the initial term if neither party hereto exp-
resses objection to the renewal hereof. The above shall also
apply to any subsequent renewal(s). For termination of this Ag-
reement, either party shall give a three-month prior written no-
tice to the other party.
This Agreement is made in two (2) originals, and each party
holds (1) one original for record.
地 址：台北市信義路五段 7 號 9 至 12 樓
Party A: Taiwan Stock Exchange Corporation
Address: 9F, No. 7, Sec. 5, Xinyi Rd., Taipei
Taiwan 11049, Republic of China
中華民國 年 月 日