General Terms and Conditions of the Market Data Dissemination Agreement for Vendors / Revendors of Boerse Stuttgart

Transcription

1 General Terms and Conditions of the Market Data Dissemination Agreement for Vendors / Revendors of Boerse Stuttgart Special provisions Securities master data Version 6.0 Valid from 28 th of September 2015 of Boerse Stuttgart GmbH Börsenstraße Stuttgart to be referred to as Boerse 01 5 GTC Special Provisions MasterData.doc Page 1 of 10

2 Document classification Information classification public History of changes Date Modification a) Decomposition in individual special provisions b) Special features concerning securities master data added Admission of (Re)Vendor fee a) Modifications concerning change of trading system from Xontro to Xitaro a) Changes to OTC Data b) New layout Reference documents Title of the document Version Date General Terms and Conditions to the Market Data Dissemination Agreement for Vendors/Revendors General provisions General Terms and Conditions to the Market Data Dissemination Agreement for Vendors/Revendors Special provisions ticker tape / electronic display boards General Terms and Conditions to the Market Data Dissemination Agreement for Vendors/Revendors Special provisions Non-Display General Terms and Conditions to the Market Data Dissemination Agreement for Vendors/Revendors Special provisions OTC Data General Terms and Conditions to the Market Data Dissemination Agreement for Vendors/Revendors Special provisions Index data GTC Special Provisions MasterData.doc Page 2 of 10

3 Content 1 Scope Definitions Scope of Liability Principles of Cooperation Use of Rights Rights Liability Reporting Provision of master data GTC Special Provisions MasterData.doc Page 3 of 10

4 1 Scope (1) The following regulations 1 to 9 are valid exclusively for the use of securities master data (to be called: master data). (2) In addition to the general regulations the specific regulations of 1 to 9 are to apply. In case of protest the specific regulations will apply instead of the general regulations. (3) A non-display information usage is not allowed for realtime or delayed data usage of master data. 2 Definitions Basic package The basic package comprises the subtypes of the master data feeds which serve as a basis for compiling information. These are always the master data of the respective asset class as well as trading information on financial instruments. Internal usage Entails the usage of master data (but not exclusively), the creation of derived data (e.g. calculation of key data) and the usage / transmission (mapping) into own database structures. Mandatory fields These are all fields which are necessary for the investor to identify specific instruments with its most important functions. For example, it is absolutely necessary for an instrument of the asset class securitised derivatives with a cap that the cap threshold is contained in the data supply. The documentation Mandatory-field-matrix of securitized derivatives gives an example of the mandatory fields for the 33 relevant product types of securitized derivatives GTC Special Provisions MasterData.doc Page 4 of 10 <Boerse Stuttgart GmbH>}

5 Own website The term own website is understood by the Boerse to mean the customer s own website and not host websites for third parties. Platin package The platin package is an extension of the premium package and offers customer-specific data and consequently high individual quality. Premium package The premium package comprises the sub-types of the master data feeds which bring together all further information in the form of available sub-types of this asset class to the sub-types of the basic package. Sub-types Sub-types are specialised data acquisitions. 3 Scope of liability (1) Boerse Stuttgart provides the contracting parties with master data for financial instruments listed on the Baden-Württembergische Wertpapierbörse. With regard to securitised derivatives of all financial instruments tradable in Germany the Boerse provides its contracting parties with master data for financial instruments listed on the Baden- Württembergische Wertpapierbörse. Concerning securitized derivatives all tradable financial instruments in Germany will be supplied. (2) Master data will be supplied for the following asset classes: Securitised derivatives Securities 01 5 GTC Special Provisions MasterData.doc Page 5 of 10

6 Funds / ETPs (Exchange Traded Products; incl. ETF, ETN, ETC) (3) Master data packages are offered for each asset class. There are three different packages basic and premium (platin). (4) The kind and scope of master data to be supplied result from the individual master datadata scope premium package fine specification, in the respective currently valid version. Furthermore corresponding mandatory-field-matrix documents according to asset class and package will be supplied in the respective currently valid version. Both documents are can be requested from the Department of Information products are requested on the website of Boerse 4 Principles of Cooperation (1) Boerse Stuttgart confirms that Boerse Stuttgart is able to execute the services as an experienced and reliable provider of these services to expertise and due care. (2) Boerse Stuttgart will therefore make every reasonable effort to ensure that the master data is accurate, complete and up-to-date. Missing or incorrect data is to be corrected as far as such a missing or a mistake is within the sphere of influence of Boerse Stuttgart. The assumption of a guarantee for the accuracy and completeness of the information does not result from this. Incorrect data caused by the external supplier (e.g. issuers) have to be delivered immediately in corrected form to the contracting party after the correction ot the mistakes. 3) The basic composition and the structure of the master data can be changed unilaterally by Boerse Stuttgart if this is enforced by third Parties. This can be proved on request of 01 5 GTC Special Provisions MasterData.doc Page 6 of 10

7 the contracting party. This requires the information of the Customer of such changes, in writing or electronic form, with no less than 90 days notice. 4) The master data must be consistent with all applicable laws, regulations and industrial standards. Boerse Stuttgart ensures that the master data is not encumbered by third party rights which might cause a conflict with contractual use. If a third party enforces its claims against the contracting party because of violation of property rights and if this violation can be traced back on an contractual use of the contracting party, Boerse Stuttgart will compensate the appropriate costs as well as possible sums of indemnity, which are imposed on the customer by the court or are part of a composition. (5) With reference to the underlying facts concerning the master data the Boerse verifies neither the relevance of legal regulations nor the existence of legal requirements individually. In case of future legal amendments the Boerse is obliged to check whether the master data to be supplied conform with valid laws and to make any necessary adjustments. However the Boerse is not obliged to adjust master data retroactively if this would involve unreasonably high costs. 5 Use of Rights (1) 5-11 of the General Terms and Conditions of the market data dissemination agreement for Vendors / Revendors are not applicable. (2) The following defined using rights ( 5; No. 2-7) are only valid for the basic package master data. The using right for the premium and platin package are based on the individual agreements with the customer. The price for the basic package master from the price list data utilization is based on the following using rights. The price for the premium and platin package is based on the individual purposes of each customer. (3) The contracting party is granted a non-exclusive and non-transferable use of rights which allows him to use the master data: 01 5 GTC Special Provisions MasterData.doc Page 7 of 10

8 for publication with display-only use on one singular own webpage to an open user area. (4) The contracting parties are however NOT allowed: to use the master data internally as written in 2 for own purpose to use the data together with other master data for data-refinement or dataadjustment purposes to create derivatives based on the data (original created works) and to make these available as a service to customers to forward the data to Revendors and Subscribers for internal and external use to use or display (terminal products) for customers of the Contracting Party in own applications. (5) The master data serves as a concentrated collection of issue-related information which may only serve as help for an easy access to securitized data. The provision of master data does not absolve the contracting party from an own examination of the master data and the given annotations if necessary. The suitability and usability of the master data for the aspired purpose in the context of the use rights have to be verified by the Contracting Party himself. (6) The Contracting Party is authorized to create working, saving and storage copies which are necessary for conventional use and he is allowed to give these copies to third parties except for use of backup data centres for the contracting party. The Contracting Party is liable to Boerse Stuttgart in the event of improper data use and distribution of data by the operator of the backup data centres for lost fees. It is known to the Boerse that the contracting party has his own security master-data bank and that these data are published and marketed. The Contracting Party ensures that all data intended for publication or marketing are from his own data sources or are collected and maintained by himself. (7) Any extension regarding type and scope of use requires the authorisation of the Boerse as well as a corresponding extension through an additional agreement. This leads to an adjustment of the renumeration GTC Special Provisions MasterData.doc Page 8 of 10

9 6 Rights (1) Boerse Stuttgart and its suppliers or issuers are the sole owners of any copy rights and further property rights concerning master data. (2) Boerse Stuttgart guarantees its contracting party that Boerse Stuttgart has the right to grant the agreed rights for use and property of data and especially that Boerse Stuttgart has the unlimited authority to receive, to transmit and supply the data and to allow and authorize the Contracting Party to transmit, convert and supply the data and that the use, conversion and commercialization of the data do not violate any third party rights based on German law. (3) Should the Boerse not have the right or no longer have the right to supply the contracting party with data from individual suppliers (e.g. issuers) and to let him use these data, and this is not the responsibility of the Boerse, then the Boerse has the exceptional right to give partial notice of 90 days to the end of the month of termination of delivery of the relevant data. Furthermore the Boerse reserves the right not to offer specific master data of individual instruments in case of a corresponding provision of the issuer, (e.g. Private Placements), although the contracting party has in principle been informed about the master data by a third party. [4) Upon termination of this contract, the contracting party may hold the master data until the expiry of the contract. The contracting parties are allowed to use the master data, to link and arrange it, to maintain the databases working, so that historical content of the databases can be used as mentioned of 5 in the future. 7 Liability In the event of recourse claims of third Parties based on a non-conforming use of master data, the contracting party discharges Boerse Stuttgart from liability to third Parties. The same applies to the compensation claims of third Parties against Boerse Stuttgart, based on the fact that 01 5 GTC Special Provisions MasterData.doc Page 9 of 10

10 incorrect master data have been published unless the contracting party or its customers are responsible for the publication of false information. 8 Reporting In accordance with the regulations of the Reporting-Audit Guideline, the usage of master data has to be reported by the contracting party. 9 Provision of master data The master data are transmitted by the market data dissemination of Boerse Stuttgart GTC Special Provisions MasterData.doc Page 10 of 10