GLOSSARY OF NYSE EURONEXT RDA AND EUA DEFINED TERMS Version 1.0 1 Version 1.0 November 2012
For purposes of the RDA and EUA, the following terms have the following meanings: Access ID means a unique identifier that a Customer has assigned to a User, which identifier the Customer s Entitlement System uses to administer technical controls over access to Market Data. Affiliate means any member of a Customer s corporate group as to which NYSE Euronext has made the Affiliate determination under clause 11.2(b) of an RDA or clause 11.2(b) of an EUA. Application means a unique binary, executable, or script that is capable of Using Market Data to perform a distinct and unified set of functions. Application Service Provider or ASP is a person that receives a Datafeed through a direct connection to the Secure Financial Transaction Infrastructure ( SFTI ) and provides Market Data received through the Datafeed solely to Members as part of a trading connectivity service and does so in accordance with the Policies. ASP s are Redistributors. Client means a person that contracts with a Redistributor to receive Market Data or Derived Data. Conforming Contract means a written contract (including a contract in electronic form) that (a) is between a Redistributor and a party to which the Redistributor provides, or intends to provide, Market Data, and (b) that complies with the requirements set forth in clause 6.2(a) through clause 6.2(f) of the RDA T&C s. Customer means an End User or Redistributor. Datafeed means a data delivery mechanism whereby a Customer has the ability to control the type and number of Users that can access Market Data, thereby allowing for Distribution and Redistribution. Derived Data means, subject to clause 5 of the RDA T&C s and clause 5 of the EUA T&C s, any work that is created, in whole or in part, from any Market Data. Device means any device or equipment that is capable of receiving and/or processing data of any kind, as may be further defined in Policies. Disseminating Party means: a. NYSE Euronext and each other NYSE Euronext Group Company; b. each facilities manager or other person that assists NYSE Euronext in the dissemination of Market Data; c. each other party that has a proprietary interest in the Market Data that NYSE Euronext makes available; and d. each of their respective directors, governors, partners, officers, employees and affiliates, and each director, officer, partner and employee of each such affiliate. Distribution means a Customer s act of providing Market Data to its employees, and employees of its Affiliates and Service Facilitators, and to systems used solely by any such employee. Distribute means to engage in Distribution. End User means any person that: a. receives Market Data from NYSE Euronext or a Redistributor, but does not Redistribute that Market Data (though it may Distribute that data); and b. i that is a party to a current and valid EUA or Conforming Contract; or ii that the second paragraph of clause 6.1 of the RDA T & C s describes. 2 Version 1.0 November 2012
Entitlement System means a system that technically limits or restricts (a) the number or type of Users that have access to the Market Data comprised in a Product, or (b) the type of access that any User has to that Market Data. EUA means the NYSE Euronext Global Data Agreement for End Users. EUA T&C s means the NYSE Euronext Global Data Agreement Terms and Conditions for End Users. Euronext means Euronext N.V., a public limited liability company, incorporated under the laws of the Netherlands, having its registered office and principal place of business at Beursplein 5, 1012 JW Amsterdam, the Netherlands. Euronext Product means any Product identified as a Euronext Product in the Product Schedule. Extranet Service Provider or ESP is a person that receives a Datafeed through a direct connection to SFTI and Redistributes Market Data received through the Datafeed to others without modification of form or content and in accordance with the Policies. ESP s are Redistributors. Fees means the fees and charges set out in the Schedule of Fees, and any other fees and charges that NYSE Euronext is entitled to impose under the RDA or EUA. Intellectual Property Rights means patents, trademarks and trade and business names (including service marks), design rights, utility models, copyright (including copyright in computer software), database rights and know how (including trade secrets and confidential business information), in each case whether registered or unregistered, and including any similar or analogous rights to any of these rights in any jurisdiction and any pending applications or rights to apply for registrations of any of these rights. Market Data means: a. information and data about financial instruments, the issuers of financial instruments and indices; and b. such other information and data as NYSE Euronext may from time to time identify. Member means a person that has been admitted to membership of any market or multilateral trading facility that NYSE Euronext or any other NYSE Euronext Group Company operates, provided that their membership remains current and valid. Non-Display Use means to access, process, or consume Market Data for a purpose other than its display or Redistribution. NYSE means NYSE Market, Inc., a Delaware corporation with principal place of business at 11 Wall Street, New York 10005, USA. NYSE Euronext Group Company means NYSE, Euronext and any partnership or joint venture of which NYSE or Euronext is a part, or any subsidiary, parent, subsidiary of a parent (in each case, direct or indirect) or affiliated corporation of NYSE or Euronext, including but not limited to each Euronext Market Undertaking (as defined in the Euronext Rule Book), NYSE Euronext Inc, New York Stock Exchange LLC, Euronext, NYSE MKT, NYSE Arca, Liffe, NYSE Liffe, NYSE Technologies and NYSE Euronext Technology, and any entity carrying on business under any of the foregoing names (or any derivative form of any of those names). NYSE Product means any Product identified as a NYSE Product in the Product Schedule. 3 Version 1.0 November 2012
Permitted Function means any function that NYSE Euronext expressly authorises a Service Facilitator to perform on behalf of a Customer in enabling or assisting the Customer s receipt, Use or Redistribution of Market Data or Derived Data. Policy means a policy made by any NYSE Euronext Group Company that relates to the receipt, Use or Redistribution of Market Data or otherwise relates to the RDA or EUA. Product means a collection of one or more items of Market Data that NYSE Euronext identifies and makes available as a Market Data product. It does not include any market data product that U.S. securities markets make available under a National Market System plan under the Securities Exchange Act of 1934. Product Schedule means the schedule that a Customer is required to complete and execute in order for it (a) to select the Products that it wishes to receive under the RDA or EUA and (b) to provide information that NYSE Euronext requires relating to the Customer s receipt, Use and Redistribution of Market Data. RDA means the NYSE Euronext Global Data Agreement for Redistributors. RDA T&C s means the NYSE Euronext Global Data Agreement Terms and Conditions for Redistributors. Redistribution means a Redistributor s act of providing Market Data, or Derived Data that the Redistributor has created, to Data Recipients (as the definition of Redistributor defines that term). Redistribute means to engage in Redistribution. Redistributor means any person that provides Market Data, or Derived Data that the person has created, to Data Recipients or to any system that a Data Recipient uses, irrespective of the means of transmission or access. A Data Recipient is any person other than (a) the employees of the person providing the data and (b) the employees of the Affiliates and Service Facilitators of the person providing the data. Report means a report of a Customer s Reportable Activity. Reporting Period means, as to any Report, the period of time that NYSE Euronext designates for the Report to cover. Reportable Activity means: a. in respect of a Customer, all of the Customer s Use of Market Data, provided, however, that such Use is not Reportable Activity insofar as the entity from which the Customer receives Market Data is required to report that Use by the Customer to NYSE Euronext; and b. in respect of a Customer that is a Redistributor (in addition to the Redistributor s Reportable Activity under clause (a)): i. all of the Redistributor s Redistribution of Market Data; ii. iii. all receipt and Use of Market Data by each End User to which the Redistributor provides Market Data, unless the End User is party to a current and valid EUA and is required to report that receipt or Use of Market Data to NYSE Euronext under its EUA; and if the Redistributor Redistributes Market Data to other Redistributors (each, an Other Redistributor ), all receipt and Use of Market Data by each Other Redistributor, unless the Other Redistributor receives the Market Data in a manner that allows for onward Distribution and/or Redistribution, in which case the Other Redistributor is required to report that receipt or Use of Market Data under its RDA. 4 Version 1.0 November 2012
All of the categories of such activity described above in respect of Market Data shall also be Reportable Activity in respect of Derived Data, but only if and to the extent that the Policies require the Customer to monitor, report or record that Derived Data activity. Reportable Unit means a User that Uses Market Data and that the applicable Unit of Count specifies for quantifying the extent of Use and/or Redistribution of Market Data. For example, if the applicable Unit of Count specifies that an End User s Use shall be quantified by Devices, each Device would be a Reportable Unit. Schedule of Fees means the schedule of Market Data fees and charges as published by NYSE Euronext from time to time. Service Facilitator means a consultant, independent contractor or other party that performs Permitted Functions and that NYSE Euronext has determined need not enter into a RDA or EUA. Subscriber means a natural person that receives Market Data from a Redistributor in a manner that does not permit Distribution or Redistribution, such as through a controlled Device or via a Website Unauthorised Activity means unauthorised or accidental access to, or receipt, Use or Redistribution of, any Market Data. Unit of Count means the metric that the Product Schedule specifies in respect of a Product for quantifying the extent of Use and/or Redistribution of the Market Data comprised in the Product. The metric is used for reporting and for calculating applicable Fees. Use means to load, store, display, adapt, re-arrange or copy Market Data or Derived Data, and includes Distribution of Market Data or Derived Data, irrespective of the means of transmission or access. However, it does not include any Redistribution of any Market Data or Derived Data. User means a natural person, Application, or Device. 5 Version 1.0 November 2012