14:20:29 EDT Thu 22 Oct 2020
Enter Symbol
or Name
USA
CA



Stockwatch Definition of Non-Professional User

The specific exchange contracts are all provided below.

Exchange Specific Contracts


-- TSX and TSX-Venture non-professional contract
-- TSX and TSX-Venture professional contract
-- Montreal Exchange non-professional contract
-- Montreal Exchange professional contract
-- Nasdaq contract (pro and nonpro)
-- New York and American Stock Exchange contract (pro and nonpro)
-- Pink Sheets contract (pro and nonpro)
-- OPRA non-professional contract
-- OPRA professional contract
-- PBOT contract

(d) “Non-Professional” shall mean a natural person who is not a securities professional and who is acting in his/her personal capacity and not as a principal, officer, partner, employee nor agent of any business nor on behalf of any individual. This definition excludes brokers, dealers, investment advisors or persons otherwise employed by organizations conducting professional activities involving the buying and selling of instruments, such as stocks, bonds, options, futures contracts and other trading vehicles. Also excluded are persons engaged as consultants, independent contractors, software developers and others that use market information for any purpose for profit other than the trading of that person’s personal account.
A Non-Professional cannot be registered or qualified with:
· A provincial Securities Commission;
· Securities Exchange Commission;
· Commodities Futures Trading Commission;
· Any provincial, state or other government securities agency;
· Any securities exchange or association;
· Any commodities or futures contract market or association or other entity that performs functions that are equivalent to those of such Persons.

NON-PROFESSSIONAL APPLICATION AGREEMENT FOR RECEIPT OF
CANADIAN EXCHANGE GROUP
MARKET DATA

1. DEFINITIONS

(a) “Canadian Exchange Group” or “CEG” means The Toronto Stock Exchange Inc. (TSX) and the Canadian Venture Exchange Inc., together with such other Persons as may become CEG members from time to time. The CEG members have appointed TSX as agent for the purposes of entering into this and other agreements necessary for provision of Market Data to Subscriber on their behalf, and to establish the terms and conditions under which Market Data is to be made available to Subscriber. For the purposes of this Agreement, “Canadian Exchange Group” or “CEG” shall refer to the members comprising the Canadian Exchange Group jointly and severally.

(b) “Interrogation Device” means any device or equipment, including, without limitation, any computer, data processing equipment, communications equipment, terminal, Cathode Ray Tube (“CRT”) or monitor, which is authorized by the CEG to receive the Market Data from a Supplier or which does in fact receive Market Data from a Supplier, and which at any time during any month either (i) displays, transmits or communicates the Market Data to any individual in visible, audible, or other comprehensible form or (ii) uses or processes the Market Data for any purpose or in any manner other than solely to transmit Market Data to devices as described in the preceding clause (i). The term “Interrogation Device” includes any device or equipment which is capable of being used as an “Interrogation Device”.

(c) “Market Data” means any information provided through the facilities of TSX and/or the CEG, directly or indirectly, relating to (i) securities or other financial instruments, markets, products or indices; (ii) information, data and services from Third Party Contributors; and (iii) other information and data, and includes, without limitation, order data provided from the CEG and Third Party Contributors.

(d) “Non-Professional” shall mean a natural person who is not a securities professional and who is acting in his/her personal capacity and not as a principal, officer, partner, employee nor agent of any business nor on behalf of any individual. This definition excludes brokers, dealers, investment advisors or persons otherwise employed by organizations conducting professional activities involving the buying and selling of instruments, such as stocks, bonds, options, futures contracts and other trading vehicles. Also excluded are persons engaged as consultants, independent contractors, software developers and others that use market information for any purpose for profit other than the trading of that person’s personal account.

A Non-Professional cannot be registered or qualified with:

· A provincial Securities Commission;

· Securities Exchange Commission;

· Commodities Futures Trading Commission;

· Any provincial, state or other government securities agency;

· Any securities exchange or association;

· Any commodities or futures contract market or association or other entity that performs functions that are equivalent to those of such Persons.

(e) “Person” includes any natural person or proprietorship of any corporation, partnership or other organization.

(f) “Receipt of Market Data” means the physical capability whether used or not of successfully retrieving Market Data through the means of an Interrogation Device.

(g) "Subscriber" means any Person in Receipt of Market Data through facilities furnished by the Supplier and who has accepted the terms and conditions of this Agreement.

(h) "Supplier" means any Person delivering Market Data to Subscriber.

(i) “Third Party Contributor” means any Person, other than the members of the CEG, who provides any information to the CEG for dissemination by the CEG pursuant to the terms of this Agreement.

2. PROPRIETARY INTEREST OF CEG

Subscriber understands and acknowledges that the CEG and/or Third Party Contributors have a proprietary interest in the Market Data and that the same is not within the public domain. Any Market Data that is provided directly or indirectly to Subscriber by the CEG pursuant to this Agreement has been derived from databases owned by the CEG and/or Third Party Contributors, is copyrighted by the CEG and/or Third Party Contributors, and as such Subscriber’s use of such Market Data is subject to the limitations set out in this Agreement.

3. DATA SECURITY

(a) RETRANSMISSION PROHIBITED - Subscriber shall use Market Data only for its individual use. Subscriber shall not furnish Market Data to any other person nor retransmit Market Data without prior written approval from the CEG.

(b) EQUIPMENT SECURITY - Subscriber understands that this Section 3 requires Subscriber to carefully locate and protect Interrogation Devices in Subscriber’s possession. Subscriber shall abide by any written requirements that the CEG specifies to regulate the location or connection of Subscriber Interrogation Devices or to otherwise assure compliance with this Section 3. Subscriber guarantees that any Person installing or maintaining Subscriber Interrogation Devices will comply with this Section 3.

4. DATA NOT GUARANTEED

(A) NO WARRANTIES - THE SUBSCRIBER AGREES THAT THE CEG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKET DATA, ITS TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE.

(B) NO GUARANTY - The CEG does not guarantee the timeliness, sequence, accuracy or completeness of Market Data or other market information or messages disseminated by the CEG. The CEG will not be liable in any way to Subscriber or to any other Person for:

(a) any inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) transmission or delivery of any such data, information or message, or

(b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission (ii) non-performance, or (iii) interruption in any such data, information or message, due either to any negligent act or omission by the CEG or “force majeure” (i.e., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications or power failure, equipment or software malfunction) or any other cause beyond reasonable control of the CEG.

5. DISSEMINATION DISCONTINUANCE OR MODIFICATION

The CEG may discontinue disseminating any type of Market Data, may change or eliminate any transmission method and may change transmission speed or signal characteristics. The CEG shall not be liable for any resulting liability, loss or damages to Subscriber.

6. ENTIRE AGREEMENT;
MODIFICATIONS

This writing contains the entire Agreement between the parties in respect of its subject matter. This Agreement supersedes each previous Agreement between Subscriber and the CEG pursuant to which Subscriber has been receiving Market Data. In the event that Subscriber has previously submitted an executed agreement to the CEG in respect of the Receipt of Market Data from a Supplier other than that indicated herein, and Subscriber is continuing to receive Market Data from such Supplier, this Agreement shall serve as a companion agreement to the agreement previously submitted to the CEG. The parties may only modify this Agreement in writing signed by or on behalf of each of them.

7. ASSIGNMENTS

Subscriber may not assign all or part of this Agreement without the written consent of the CEG.

8. GOVERNING LAW; CONSTRUCTION

This Agreement shall be governed and interpreted by the laws of the Province of Ontario, Canada. In prohibiting Subscribers in doing any act, this Agreement also prohibits Subscriber from doing the act indirectly (e.g., by causing or permitting any other Person to do the act).

9. INDEMNIFICATION

The Subscriber shall indemnify and hold harmless and defend the CEG, their members, governors, directors, managers, officers, employees and agents from and against any and all suits, proceedings at law or in equity, and any and all liability, loss or damage, including reasonable legal fees, arising out of or in connection with the Subscriber’s use of Market Data.

10. NOTICES; NOTIFICATION OF CHANGES

Subscriber shall send communications relating to this Agreement to:
The Toronto Stock Exchange Inc.
The Exchange Tower
130 King Street West
Toronto, ON M5X 1J2
Attention: Market Data Services

The CEG may each change its address for notice by written notice to Subscriber. Subscriber shall give the CEG prompt written notice of any change in (a) its representations and warranties hereunder, and (b) any other information provided to the CEG by Subscriber in connection with the receipt of Market Data.

11. SUBSCRIBER’S REPRESENTATIONS AND WARRANTIES

Subscriber represents and warrants that (s)he is a Non-Professional, as defined herein.

12. FAILURE TO QUALIFY

(a) Non-Qualification - Subscriber understands that if the CEG determines at any time that Subscriber does not qualify as a Non-Professional subscriber, Subscriber may continue to receive Market Data only after entering into one or more appropriate agreements with the CEG. The CEG may deny Subscriber the opportunity to enter into such agreement(s) if Subscriber’s failure to qualify results from wilful misrepresentations or omissions or from wilful breach of this Agreement.

(b) Retroactive Payment - In the event that a determination of non-qualification is based upon a misrepresentation made herein by Subscriber, or a failure by Subscriber to update information provided to the CEG, the CEG may notify Subscriber in writing (i) of such determination, (ii) of the period, as determined by the CEG, during which Subscriber received Market Data but did not qualify as a Non-Professional Subscriber and (iii) of the amount, calculated at the CEG’s then-current Professional Subscriber rates, applicable to such period. Within thirty (30) days of receipt of such notice, Subscriber shall pay such amount to the CEG.

You must print, sign and fax or snail mail the TSX professional realtime contract to Stockwatch. We will submit your application to the exchange and enable realtime access as soon as it is approved. The TSX will invoice you directly for the monthly royalty fees.

Please ensure that your billing address is correct.

Fax the contract to or snail mail it to the following address. Please clearly print your name, Stockwatch login ID and email address. Make sure to state clearly which TSX or TSX-V realtime and/or market depth products you want.

Fax: 604-687-2304

Canjex Publishing Ltd, Box 10371, Pacific Centre, 700 West Georgia St, Vancouver BC Canada V7Y 1J6

Feel free to contact our office for assistance at 800-268-6397 or 604-687-1500.

Click HERE for the TSX contract.

New York/American Exchanges Online Contract

EXHIBIT B
AGREEMENT FOR MARKET DATA DISPLAY SERVICES
(Usage-Based Services/Nonprofessional Subscriber Status )
(Electronic Version)

Canjex Publishing Ltd. (d.b.a. "Stockwatch") ("Vendor") agrees to make "Market Data" available to you pursuant to the terms and conditions set forth in this agreement. By executing this Agreement in the space indicated below, you ("Subscriber") agree to comply with those terms and conditions. Section 1 sets forth terms and conditions of general applicability. Section 2 applies insofar as Subscriber receives and uses Market Data made available pursuant to this Agreement as a Nonprofessional Subscriber.

SECTION 1: TERMS AND CONDITIONS OF GENERAL APPLICABILITY

1. MARKET DATA DEFINITION – For all purposes of this Agreement, "Market Data" means (a) last sale information and quotation information relating to securities that are admitted to dealings on the New York Stock Exchange ("NYSE"), (b) such bond and other equity last sale and quotation information, and such index and other market information, as United States-registered national securities exchanges and national securities associations (each, an "Authorizing SRO") may make available and as the NYSE may from time to time designate as "Market Data"; and (c) all information that derives from any such information.

2. PROPRIETARY NATURE OF DATA – Subscriber understands and acknowledges that each Authorizing SRO and Other Data Disseminator has a proprietary interest in the Market Data that originates on or derives from it or its market(s).

3. ENFORCEMENT – Subscriber understands and acknowledges that (a) the Authorizing SROs are third-party beneficiaries under this Agreement and (b) the Authorizing SROs or their authorized representative(s) may enforce this Agreement, by legal proceedings or otherwise, against Subscriber or any person that obtains Market Data that is made available pursuant to this Agreement other than as this Agreement contemplates. Subscriber shall pay the reasonable attorney's fees that any Authorizing SRO incurs in enforcing this Agreement against Subscriber.

4. DATA NOT GUARANTEED – Subscriber understands that no Authorizing SRO, no other entity whose information is made available over the Authorizing SROs' facilities (an "Other Data Disseminator") and no information processor that assists any Authorizing SRO or Other Data Disseminator in making Market Data available (collectively, the "Disseminating Parties") guarantees the timeliness, sequence, accuracy or completeness of Market Data or of other market information or messages disseminated by any Disseminating Party. Neither Subscriber nor any other person shall hold any Disseminating Party liable in any way for (a) any inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) the transmission or delivery of any such data, information or message, or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non-performance or (iii) interruption in any such data, information or message, due either to any negligent act or omission by any Disseminating Party, to any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or to any other cause beyond the reasonable control of any Disseminating Party.

5. PERMITTED USE – Subscriber shall not furnish Market Data to any other person or entity. If Subscriber receives Market Data other than as a Nonprofessional Subscriber, it shall use Market Data only for its individual use in its business.

6. DISSEMINATION DISCONTINUANCE OR MODIFICATION – Subscriber understands and acknowledges that, at any time, the Authorizing SROs may discontinue disseminating any category of Market Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. The Authorizing SROs shall not be liable for any resulting liability, loss or damages that may arise therefrom.

7. DURATION; SURVIVAL – This Agreement remains in effect for so long as Subscriber has the ability to receive Market Data as contemplated by this Agreement. In addition, Vendor may terminate this Agreement at any time, whether at the direction of the Authorizing SROs or otherwise. Paragraphs 2, 3 and 4, and the first two sentences of Paragraph 8, survive any termination of this Agreement.

8. MISCELLANEOUS – The laws of the State of New York shall govern this Agreement and it shall be interpreted in accordance with those laws. This Agreement is subject to the Securities Exchange Act of 1934, the rules promulgated under that act, and the joint-industry plans entered into pursuant to that act. This writing contains the entire agreement between the parties in respect of its subject matter. Subscriber may not assign all or any part of this Agreement to any other person. The person executing this Agreement below represents and warrants that he or she has legal capacity to contract and, if that person is executing this Agreement on behalf of a proprietorship or a business, partnership or other organization, represents and warrants that he or she has actual authority to bind the organization.

ACCEPTED AND AGREED: I, the "Subscriber" to which the preceding terms and conditions refer, acknowledge that I have read the preceding terms and conditions of this Section 1, that I understand them and that I hereby manifest my assent to, and my agreement to comply with, those terms and conditions by "clicking" on the following box:

Click Here:

SECTION 2: NONPROFESSIONAL SUBSCRIBER

9. NONPROFESSIONAL SUBSCRIBER DEFINITION -"Nonprofessional Subscriber" means any natural person who receives market data solely for his/her personal, non-business use and who is not a “Securities Professional.” A “Securities Professional” includes an individual who, if working in the United States, is:

(a) registered or qualified with the Securities and Exchange Commission (the "SEC"), the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association.

(b) engaged as an "investment advisor" as that term is defined in Section 202 (a) (11) of the Investment Advisor's Act of 1940 (whether or not registered or qualified under that Act), or

(c) employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt.

A person who works outside of the United States will be considered a “Securities Professional” if he or she performs the same functions as someone who would be considered a “Securities Professional” in the United States.

Subscriber may not receive Market Data as a “Nonprofessional Subscriber” unless the vendor providing that data to Subscriber first determines that the individual falls within Paragraph 9’s definition of “Nonprofessional Subscriber.”

10. PERMITTED RECEIPT - Subscriber may not receive Market Data from Vendor, and Vendor may not provide Market Data to Subscriber, on a “Nonprofessional Subscriber” basis unless Vendor first properly determines that Subscriber qualifies as a “Nonprofessional Subscriber” as defined in Paragraph 9 and Subscriber in fact qualifies as a “Nonprofessional Subscriber.”

11. PERMITTED USE – If Subscriber is a Nonprofessional Subscriber, he or she shall receive Market Data solely for his or her personal, non-business use.

12. PERSONAL AND EMPLOYMENT DATA - As a prerequisite to qualifying as a "Nonprofessional Subscriber", Subscriber shall provide the following information:

Subscriber's name and address:

Subscriber's occupations (list all occupations - including homemaker, student, retiree, etc.):

Name(s) and address(es) of Subscriber's employer(s):

Subscriber's title(s) and/or position(s):

Subscriber's employment functions (description):

In order to facilitate a decision as to whether Subscriber qualifies as a "Nonprofessional Subscriber," Subscriber shall answer the following questions:

A. Do you use Market Data solely for your personal, non-business use?Yes No
B. Do you receive Market Data for your business or any other entity?Yes No
C. Are you currently registered or qualified with the SEC or the CFTC?Yes No
D. Are you currently registered or qualified with any securities agency, any securities exchange, association or regulatory body, or any commodities or futures contract market, association or regulatory body, in the United States or elsewhere?Yes No
E. Whether you are located within or outside of the United States, do you perform any functions that are similar to those that require an individual to register or qualify with the SEC, the CFTC, any other securities agency or regulatory body, any securities exchange or association, or any commodities or futures contract market, association or regulatory body?Yes No
F. Are you engaged to provide investment advice to any individual or entity?Yes No
G. Are you engaged as an asset manager?Yes No
H. Do you use the capital of any other individual or entity in the conduct of your trading?Yes No
I. Do you conduct trading for the benefit of a corporation, partnership, or other entity?Yes No
J. Have you entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities?Yes No
K. Are you receiving office space, and equipment or other benefits in exchange for your trading or work as a financial consultant to any person, firm or business entity?Yes No

Subscriber shall notify Vendor promptly in writing of any change in his or her circumstances that may cause him or her to cease to qualify as a Nonprofessional Subscriber or that may change his or her response to any of the preceding questions.

13. CERTIFICATION – By executing this Agreement, Subscriber hereby certifies that he or she falls within Paragraph 9's definition of "Nonprofessional Subscriber" and that the personal and employment information that he or she has included in Paragraph 12 is truthful and accurate.

ACCEPTED AND AGREED: I, the "Subscriber" to which the preceding terms and conditions refer, acknowledge that I have read the preceding terms and conditions of this Section 2, that I understand them and that I hereby manifest my assent to, and my agreement to comply with, those terms and conditions by "clicking" on the following box:

Click Here:

On-Line Montreal Exchange Subscriber Agreement

NON-PROFESSIONAL AGREEMENT FOR
RECEIPT OF BOURSE DE MONTRÉAL INC. DATA

TO BECOME A SUBSCRIBER AND RECEIVE THE BOURSE DE MONTRÉAL INC. DATA, YOU MUST SELECT "I ACCEPT THE AGREEMENT" TO ACKNOWLEDGE YOUR CONSENT TO THE TERMS OF THIS AGREEMENT. IF YOU CLICK "I ACCEPT THE AGREEMENT" WITHOUT READING THE AGREEMENT, YOU ARE STILL AGREEING TO BE BOUND BY ALL TERMS OF THE AGREEMENT, WITHOUT LIMITATION. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT "I DO NOT ACCEPT THE AGREEMENT" AND YOU SHALL NOT RECEIVE THE MX DATA.

1. For the purpose of this Agreement, the following terms shall have the meanings set out below:

a) "Bid/Ask Data" means the bid-ask quotations as quoted for securities or derivatives traded on the MX, to be provided on a timely basis upon request subject to limitations imposed by systems and communications network capacity.

b) "Data" means Market Data and/or Data Feed as the case may be.

c) "Data Feed" means a bundled transmission of electronic signals provided by the MX containing the Market Data.

d) "Delayed Data", "Delayed Market Data" and "Delayed Data Feed" means that the Market Data and/or the Data Feed is delivered to the Vendor or a person fifteen (15) minutes or more after the MX makes it available through its transmission facilities.

e) "Last Sale Data" means, at any given time, those last sale prices which reflect completed transactions for securities or derivatives traded on the MX, to be provided on a timely basis following the occurrence of each transaction subject to limitations imposed by systems and communications network capacity.

f) "Market Data" means the trading information with respect to securities or derivatives traded on the MX, including, without limitation, Last Sale Data and Bid/Ask Data.

g) "MX" means Bourse de Montréal Inc.

h) "Non-Professional" means any natural person who is not a Professional.

i) "Professional" means any broker, dealer, investment adviser, person or a person otherwise employed by an organization conducting professional activities involving the buying and selling of financial instruments such as stocks, bonds, options, futures contracts or other trading instruments. In addition, a person shall be considered a Professional if it is a consultant, independent contractor, software developer or provider or other that use Data for any purposes for profit other than the trading of a personal account. A Professional can be a person registered or qualified with:

1. a provincial securities commission;

2. the Securities Exchange Commission;

3. the Commodities Futures Trading Commission;

4. the Financial Services Authority;

5. any provincial state or other government securities or derivatives agency;

6. any securities or derivatives exchange or association.

j) "Real-time Data", "Real-time Market Data" and "Real-time Data Feed" means that the Market Data and/or Data Feed is delivered to the Vendor or the Subscriber within a fifteen (15) minute period after the MX makes it available through its transmission facilities.

k) "Unit" means any type of equipment, fixed, portable or wireless, that is enabled to receive Data for subsequent display, voice display, viewing, interrogation, processing, storage or communication as a result of a broadcast of the Data to that equipment or as a response to an inquiry and to which Vendor or Sub-vendor controls Data access. Vendor’s or Sub-vendor’s control does not allow for concurrent reception of Data as access is unique to each end-user.

2. The Subscriber is not and will not be engaged in the operation of any illegal business and will not use, or permit any person to use, the Market Data obtained, or any part thereof, for any illegal purpose.

3. Subscriber understands and acknowledges that the MX has a proprietary interest in the Data and that the same is not within the public domain. The use of any Data provided to the Subscriber by the Vendor or Sub-vendor is subject to the limitations set out in this Agreement.

4. The Subscriber will not furnish the Market Data received, or any part thereof, to any other person, firm or corporation nor to any other office or place, including a branch office, nor will it copy, reproduce or retransmit Market Data without prior written approval from the MX.

5. If the Subscriber shall furnish, or permit to be furnished, the Market Data, or any part thereof, to any person, firm or corporation without the approval of the MX and in contravention of this Agreement, the MX may take any action against such person, firm or corporation to whom the Market Data is furnished to prevent the receipt of use thereof by said person, firm or corporation either with or without making the Subscriber a party to such action.

6. The MX shall be entitled, without any liability to Subscriber or to any other person, firm or corporation to make such changes in the speed or other characteristics of the signals presently being furnished by it, as the MX may from time to time determine (whether or not such changes would require changes to be made by the Vendor or Sub-vendor or Subscriber to its or their mode(s) or operation or would render its or their equipment or software unsatisfactory or inoperative).

7. Trademarks and logos used by MX are registered or unregistered marks or logos of MX or others, are the property of their respective owners and may not be used without written permission of the owner of such marks or logos.

8. Neither the MX nor its managers, officers, employees or agents guarantees the sequence, accuracy or completeness of the Market Data. The MX, its managers, officers, employees and agents shall not be liable in any way to the Subscriber or to any other person, firm or corporation for any delays, inaccuracies, errors or omissions from the Market Data, or in the transmission or termination thereof, or any non-performance or interruption of service, or for any damages, consequential or otherwise, arising therefrom or occasioned thereby, whether or not resulting from negligence on his, its or their part. The MX, its managers, officers, employees and agents shall not in any event, including its own negligence, be liable beyond the actual amount of the loss or damage, or the sum of fifty (CA$ 50.00) dollars, whichever is less.

9. Subscriber discharges the MX, its managers, officers, employees, and agents from any liability for any damages, loss, costs, expense or claim suffered by or made against the Subscriber as a result of its use of the Market Data. Furthermore, the Subscriber shall indemnify the MX and its representatives for any loss or damage that it incurs as a result of a breach or default by the Subscriber under this agreement.

10. Subscriber acknowledges that the MX may, on its sole discretion, terminate the right of any or all persons, firms or corporations including the Subscriber, to receive all or any part of the Market Data through the Vendor or Sub-vendor services, and the MX shall not be liable to the Subscriber in any manner whatsoever by virtue of any such termination. The Subscriber acknowledges that the Vendor or Sub-vendor shall, forthwith upon written request from the MX, cease furnishing any portion of the Market Data to any Subscriber or group of Subscribers or other person or persons.

11. The MX does not and will not endorse in any manner any of the equipment through which the Subscriber receives the Market Data.

12. The Subscriber may terminate this agreement with thirty (30) days prior written notice to the Vendor or Sub-vendor. Termination of this agreement is final. Subscriber is required to execute a new agreement to receive Market Data thereafter.

13. This Agreement shall be interpreted in accordance with and be governed in all respects by the laws of Canada and of the Province of Quebec.

14. The parties hereto confirm that it is their wish that this Agreement as well as all other documents relating hereto, including notices, have been and shall be drawn up in English only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents afférents, y compris tous avis s’y rattachant, soient rédigés en anglais seulement.

You must print, sign and fax or snail mail the Montreal Exchange professional realtime contract to Stockwatch. We will submit your application to the exchange and enable realtime access as soon as it is approved. Fill in the date and your name and address at the top, and sign the bottom. Also fill in Appendix A: insert your address and primary business. The number of units is 1 and the vendor name is "Canjex Publishing Ltd". The Montreal Exchange will invoice you directly for the monthly royalty fees.

Please ensure that your billing address is correct.

Fax the contract to or snail mail it to the following address. Please clearly print your name, Stockwatch login ID and email address. Make sure to state clearly whether you want Montreal level 1 and/or level 2.

Fax: 604-687-2304

Canjex Publishing Ltd, Box 10371, Pacific Centre, 700 West Georgia St, Vancouver BC Canada V7Y 1J6

Feel free to contact our office for assistance at 800-268-6397 or 604-687-1500.

Click HERE for the Montreal professional contract.

Appendix A

PINK SHEETS SUBSCRIBER AGREEMENT

THIS AGREEMENT, dated as of the date indicated below, by and among the Vendor and the Subscriber, each as identified below.

PLEASE NOTE THAT PINK SHEETS IS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE MODIFIED BY THE VENDOR, BUT MAY BE AMENDED BY PINK SHEETS PURSUANT TO A PROCEDURE THAT PROVIDES FOR NOTICE TO THE VENDOR. FAILURE TO TERMINATE THE AGREEMENT BEFORE, OR USE OF THE INFORMATION AFTER, SUCH AN AMENDMENT CONSTITUTES CONSENT TO THE AMENDMENT BY THE SUBSCRIBER. THE VENDOR IS OBLIGATED TO PROVIDE NOTICE TO THE SUBSCRIBER OF ANY SUCH AMENDMENT, BUT THE AMENDMENT WILL NONETHELESS BE EFFECTIVE WHETHER OR NOT THE VENDOR PROVIDES OR FAILS TO PROVIDE SUCH NOTICE.

1. Definitions.

a. “Pink Sheets” shall mean Pink Sheets LLC, a Delaware limited liability company and its affiliates.

b. “Information” shall mean the information and data contained in Pink Sheets’ proprietary Electronic Quotation Service Data Feed (Qdist) provided to Subscriber by Vendor.

c. “Claims and Losses” shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors' and attorneys' and fees and disbursements (including in-house personnel).

d. “Non-Professional Subscriber” shall mean any natural person using the Information that is not (a) registered or qualified in any capacity with the SEC, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association, (b) an "investment adviser" as defined in Section 202(a)(11) of the Investment Advisers Act of 1940 (whether or not registered or qualified thereunder), without taking account of the exclusions to such definition contained in such section, (c) employed by a bank or other organization exempt from registration under federal or state securities laws to perform functions that would require registration or qualification if such functions were performed for or by an organization except for such exemption or (d) using, or planning to use, to reproduce, duplicate, copy, sell, trade, resell or exploit or make any other use of, any part of, or the use of, or access to, the Information for any commercial purpose.

e. “Professional Subscriber” shall mean any Subscriber that is not a Non-Professional Subscriber.

f. “Subscriber” shall mean Professional and Non-Professional Subscribers collectively.

g. “Vendor’s Service” shall mean the service provided by the Vendor, including the data processing equipment, software, and communications facilities related thereto, for transmitting and disseminating the Information to, for use by, Subscriber.

h. “Vendor” shall mean the person transmitting and disseminating the Information to Subscriber.

2. Right to Receive Information; Payments by a Professional Subscriber. Subscriber is granted the right to receive from Pink Sheets the Information subject to the terms and conditions herein. In the event that a Professional Subscriber is required to make any payment directly to Pink Sheets under this Agreement, payment in full is due in immediately available U.S. funds within 30 days of the date of an invoice, whether or not use is made of, or access is made available to, the Information. Interest shall be due from the date of the invoice to the time that the amount(s) that are due have been paid. Subscriber shall assume full and complete responsibility for the payment of any taxes, charges or assessments imposed on Subscriber or Pink Sheets (except for U.S. federal, state, or local income taxes, if any, imposed on Pink Sheets) by any foreign or domestic national, state, provincial or local governmental bodies, or subdivisions thereof, and any penalties or interest, relating to the provision of the Information to Subscriber.

3. Use of Information. Pink Sheets hereby provides to Subscriber a non-exclusive, non-assignable, non-transferable license to receive and use the Information only for the personal, non-commercial use of the Non-Professional Subscriber and the internal business use or personal, non-commercial use of the Professional Subscriber. By representing to Vendor that Subscriber is a Non-Professional Subscriber, or by continuing to receive the Information at a Non-Professional Subscriber rate, Subscriber is affirming to Vendor and Pink Sheets that Subscriber meets the definition of Non-Professional Subscriber as set forth in paragraph 1 above. Subscriber will give prompt written notice to Vendor of any change in the name or place of residence or place of business at which the Information is received. Subscriber may not sell, lease, furnish or otherwise permit or provide access to the Information to any other person or to any other office, or place; provided, however, that Professional Subscribers may furnish Information to customers, on a non-continuous basis, using only the following limited methods: (a) In written advertisements, correspondence, or other literature, or (b) during voice telephonic conversations not entailing computerized voice, automated information inquiry systems, or similar technologies. Subscriber will not engage in the operation of any illegal business or use or permit anyone else to use the Information, or any part thereof, for any illegal purpose. Subscriber may not present the Information in any unfair, misleading, or deceptive format. Subscriber shall take reasonable security precautions to prevent unauthorized Persons from gaining access to the Information.

4. Modifications to Pink Sheets’ System. Subscriber acknowledges that Pink Sheets may, in its sole, absolute and unfettered discretion, make modifications to its system or the Information from time to time and at any time. Such modifications may require corresponding changes to be made in Vendor's Service. Such changes, or the failure to make timely changes, by Vendor or Subscriber may sever or otherwise adversely affect Subscriber's access to or use of the Information. Subscriber agrees that Pink Sheets shall have no responsibility or liability whatsoever for any such adverse effects.

5. Intellectual Property Rights. Subscriber agrees not to use the Information for any purpose that is inconsistent with the terms of this Agreement. Subscriber acknowledges and agrees that Pink Sheets has exclusive proprietary rights in the Information. Subscriber further acknowledges and agrees that Pink Sheets’ third party information providers have exclusive proprietary rights in their respective Information. In the event of any misappropriation or misuse, Subscriber agrees that the legal remedies available to Pink Sheets or its third party information providers will not be adequate to prevent harm to each of their proprietary rights, and Pink Sheets and such third party information providers shall each have the right to obtain injunctive relief or other equitable remedies, individually or collectively, to protect each of their proprietary rights in such Information. Subscriber will attribute source as appropriate under all the circumstances.

6. Restriction on Use by Certain Persons. Subscriber acknowledges that Pink Sheets may by notice to Vendor unilaterally limit or terminate the right of any or all persons, including Subscriber, to receive or use the Information, and that Vendor will immediately comply with any such notice and will terminate or limit the furnishing of the Information and confirm such compliance by notice to Pink Sheets.

7. Inspection. Professional Subscriber shall make its premises available to Pink Sheets for physical inspection of Vendor's Service and of Professional Subscriber's use of the Information (including review of any records regarding use of, or access to, the Information and the number and locations of all devices that receive Information), all at reasonable times, upon reasonable notice, to ensure compliance with this Agreement. Non-professional Subscriber shall comply promptly with any reasonable request from Pink Sheets for information regarding the Non-Professional Subscriber's receipt, processing, display, redistribution or other use of the Information.

8. LIMITED WARRANTES; DISCLAIMER. PINK SHEETS WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE INFORMATION AS PROMPTLY AND AS ACCURATELY AS IS REASONABLY PRACTICABLE.

NO WARRANTY IS GIVEN THAT THE INFORMATION IS ERROR-FREE OR ACCURATE. THE INFORMATION AND ANY OTHER PRODUCT THAT PINK SHEETS DIRECTLY OR INDIRECTLY PROVIDES ARE PROVIDED “AS IS.” EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER PINK SHEETS NOR ANY OF ITS LICENSORS AND SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUBSCRIBER EXPRESSLY ASSUMES ALL RISKS FROM USING THE INFORMATION, AND/OR RELATED PRODUCTS THAT PINK SHEETS OR ITS LICENSORS AND SUPPLIERS DIRECTLY OR INDIRECTLY PROVIDE.

This Section applies to all claims irrespective of the cause of action underlying the claim, including, but not limited to breach of contract (even if in the nature of a breach of condition or a fundamental term or a fundamental breach) and tort (including but not limited to negligence or misrepresentation).

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY OF PINK SHEETS, ITS LICENSORS, OR SUPPLIERS BE LIABLE TO SUBSCRIBER, ITS VENDOR OR ANY OTHER PERSON FOR INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, TRADING LOSSES, LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, COST OF COVER, OR OTHER INDIRECT LOSS OR DAMAGE) OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF ONE OR MORE OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT THAT THE INFORMATION IS NOT AVAILABLE OR ACCURATE AS A RESULT OF A FAILURE BY PINK SHEETS TO PERFORM ITS OBLIGATIONS UNDER THE AGREEMENT, PINK SHEETS WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER PERSONS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT THE INFORMATION IS NOT AVAILABLE OR ACCURATE FOR A CONTINUOUS PERIOD OF FOUR (4) HOURS OR MORE DURING THE TIME THAT PINK SHEETS REGULARLY TRANSMITS THE INFORMATION DUE TO THE INTENTIONAL FAULT OR GROSS NEGLIGENCE OF PINK SHEETS (EXCEPT FOR A REASON PERMITTED IN THE AGREEMENT), SUBSCRIBER’S OR ANY OTHER INDIVIDUAL'S OR ENTITY'S EXCLUSIVE REMEDY AGAINST PINK SHEETS SHALL BE, AT PINK SHEETS' OPTION, EITHER A PRORATED MONTH'S CREDIT OR A PRORATED MONTH'S REFUND OF ANY MONIES DUE TO PINK SHEETS FROM SUBSCRIBER FOR THE INFORMATION AT ISSUE FOR THE PERIOD AT ISSUE.

SUBSCRIBER AND PINK SHEETS UNDERSTAND AND AGREE THAT THE TERMS OF THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND LIMITATION OF LIABILITY.

10. Force Majeure. None of Pink Sheets, Vendor or Subscriber shall be liable for any delays or failures to perform any of its obligations hereunder to the extent that such delays or failures are due to circumstances beyond its reasonable control, including act of God, strikes, riots, acts of war (whether declared or undeclared), acts of terror or governmental regulations imposed after the date of this Agreement.

11. Indemnification. Subscriber shall defend, be liable to, indemnify against, and hold Pink Sheets, its employees, directors, and other agents (collectively, "Pink Sheets Indemnified Parties") harmless from, any and all Claims or Losses imposed on, incurred by or asserted against any of the Pink Sheets Indemnified Parties, as such Claims and Losses are incurred, as a result of or relating to: (a) any noncompliance by Subscriber with the terms and conditions hereof; (b) any third-party actions related to Subscriber's receipt and use of the Information, whether authorized or unauthorized under the Agreement.

Vendor, Subscriber and Pink Sheets shall indemnify and hold harmless (and in every case, Pink Sheets shall be permitted solely to defend and settle) each other and their respective officers, directors, employees, and other agents, against any Claims or Losses arising from, involving, or relating to a claim of infringement or other violation of an intellectual property right by the indemnifying party, its actions or omissions, equipment, or other property. This right is conditioned on the indemnified party giving prompt written notice to the indemnifying party (as does not prejudice the defense) of the Claims or Losses and providing cooperation in the defense of the Claims or Losses (without waiver of attorney-client, work-product or other legal privilege, or disclosure of information legally required to be kept confidential).

12. Third-Party Agreement. Subscriber agrees that Pink Sheets may enforce the terms of this Agreement against any person, whether or not Vendor or Subscriber is a party to any such action or against Subscriber itself. In any action there shall be available injunctive relief or damages, with the prevailing party being awarded costs and attorneys' fees.

13. Conflicts. In the event of any conflict between the terms of this Agreement and of the Vendor's agreement, the terms of this Agreement shall prevail as between Pink Sheets and Subscriber.

14. Termination. In addition to terminations permitted under the Vendor's agreement, this Agreement may be terminated by Subscriber on 30 days written notice to Vendor and by Pink Sheets on 30 days written notice either to Vendor or Subscriber. Pink Sheets may also alter any term of this Agreement on 60 days written notice either to Vendor or Subscriber, and any use after such date is deemed acceptance of the new terms. In the event of Subscriber breach or discovery of the untruth of any representation of Subscriber, Pink Sheets may terminate this Agreement on not less than three (3) days written notice to Subscriber provided either by Pink Sheets or Vendor.

15. No Endorsement. Pink Sheets does not endorse or approve any equipment, Vendor, or Vendor's Service.

16. Authority. Natural persons executing this Agreement warrant and represent that they are at least eighteen (18) years of age. Subscriber and the person executing this Agreement on behalf of Subscriber that is a proprietorship, corporation, partnership or other entity, represent that such person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of Subscriber.

17. Notices. All notices, invoices, and other communications required to be given in writing under this Agreement shall be directed to Pink Sheets LLC, 304 Hudson Street, 2nd Floor, New York, New York 10013, or to Subscriber at the last address known to the Vendor, and shall be deemed to have been duly given upon actual receipt by the parties, or upon constructive receipt if sent by certified mail, postage pre-paid, return receipt requested, at such address or to such other address as any party hereto shall hereafter specify by written notice to the other party or parties hereto.

18. Modifications. Except as otherwise provided herein, no provision of this Agreement may be amended, modified, or waived, unless by an instrument in writing executed by a duly authorized signatory of the party against whom enforcement of such amendment, modification, or waiver is sought. No failure on the part of Pink Sheets or Subscriber to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. If any of the provisions of this Agreement, or application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

19. Survival. The terms of this Agreement that survive any cancellation, termination, or rescission of this Agreement shall include obligations to make payment for services rendered under this Agreement and those obligations relating to intellectual property, indemnification, limitation of liability, warranties and disclaimer of warranties.

20. Rules of Construction. The descriptive headings in this Agreement are included for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in the Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders, if and where applicable. The word "or" includes the word "and". The use of the singular in the Agreement shall include the plural, and vice versa.

21. Applicable Law. This Agreement and its validity, construction and performance shall be governed in all respects by the laws of the State of New York without giving effect to conflicts of law principles thereof. The parties hereto, their successors and assigns, consent to the jurisdiction of the courts of the State of New York with respect to any legal proceedings that may result from a dispute as to the interpretation or breach of any of the terms and conditions of this Agreement.

The Subscriber hereby warrants and represents that it qualifies as a Professional Subscriber, as defined in paragraph one of the Pink Sheets Subscriber Agreement.

Yes No

The Subscriber hereby warrants and represents that it qualifies as a Non-Professional Subscriber, as defined in paragraph one of the Pink Sheets Subscriber Agreement.

Yes No

IN WITNESS WHEREOF, the parties hereto have executed or caused this Agreement to be executed by their duly authorized officers. Signature on this cover sheet is in lieu of and has the same effect as signature on each document noted herein.

Vendor Enter Vendor Name
By: Canjex Publishing Ltd.
Name: John Woods
Title: President

Subscriber Enter Subscriber Name
(Name on Account)
By:
Name: Enter Name
Position: Enter Position
Date of Agreement: Enter Date

Opra:

ATTACHMENT B-1

OPTIONS PRICE REPORTING AUTHORITY

ELECTRONIC FORM OF SUBSCRIBER AGREEMENT

IMPORTANT NOTICE: THIS SUBSCRIBER AGREEMENT (THIS "AGREEMENT") IS AN AGREEMENT BETWEEN YOU AND CANJEX PUBLISHING LTD. FOR YOU TO RECEIVE INFORMATION PUBLISHED BY THE OPTIONS PRICE REPORTING AUTHORITY ("OPRA"). PLEASE READ THIS AGREEMENT CAREFULLY. AFTER YOU HAVE READ THIS AGREEMENT, PLEASE INDICATE YOUR AGREEMENT TO BE BOUND BY ITS TERMS AND CONDITIONS BY CLICKING ON THE "I AGREE" BUTTON AT THE END. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL BE UNABLE TO RECEIVE THE INFORMATION.

By completing and submitting this Agreement, you are applying to receive from

Canjex Publishing Ltd. (dba Stockwatch)
Suite 1550 - 609 Granville St
Vancouver BC Canada V7Y1J6
email: webmaster@stockwatch.com

("Vendor") a market data service (the "Service") providing access to current options last sale and quotation information and related information ("OPRA Data") published by OPRA pursuant to a Plan declared effective by the Securities and Exchange Commission. In reviewing and approving this Agreement, Vendor is authorized to act on behalf of the "OPRA Participants," which are those national securities exchanges who, from time to time, are parties to this Plan. The person who acts from time to time as data processor on behalf of OPRA is referred to herein as "OPRA's Processor."

By completing and submitting this Agreement and clicking on the "I agree" button at the end of this Agreement, you are consenting to enter into this Agreement in electronic form. You have the right to withdraw your consent by terminating this Agreement and your receipt of the OPRA Data. Your right to terminate this Agreement and your receipt of the OPRA Data, and the procedure you must follow to do so, are described in paragraph 6 below. If any information needed to contact you electronically changes, the procedure for notifying Vendor is described in paragraph 11 below. If you wish to have a copy of this Agreement in paper form and you are unable to print a copy on your own computer system, Vendor will provide you with a paper copy at no charge upon its receipt of your request transmitted as described in paragraph 11. You may access a copy of this Agreement electronically at no charge, if your access to OPRA Data is from a device capable of receiving text, by

Login with your Stockwatch subscription at http://www.stockwatch.com
Click "Your Account" at the top of any page
Click the "User Information" link
You will then find links to all exchange contracts

This Agreement includes an "Addendum for Nonprofessionals." The term "Nonprofessional" is defined in the Addendum. The purpose of the Addendum is to determine whether you are a Nonprofessional under this definition. If you are a Nonprofessional under this definition, OPRA's charges to Vendor for your use of the OPRA Data are subject to a cap, and you may be entitled to pay lower fees to Vendor. You do not need to complete the Addendum, but if you do not do so, or if you cannot agree with all of the statements in the Addendum, OPRA will not consider you to be a Nonprofessional.

You hereby represent and agree as follows:

1. Your full name and address are:

Full Name:
Street Address:
City, State, Country, Postal code:

2. You shall receive the Service and the OPRA Data included therein solely for your own business or personal use, and you shall not retransmit or otherwise furnish the OPRA Data to any person, other than your own employees on devices that are subject to the control of Vendor. If you are a Nonprofessional and have completed the Addendum for Nonprofessionals, you are only permitted under this Agreement to use the OPRA Data for your own personal investment activities.

3. You acknowledge that OPRA Data is and shall remain the property of the OPRA Participant on which a reported transaction took place or a reported quotation was entered.

4. DISCLAIMER OF LIABILITY -- NEITHER VENDOR, OPRA, OPRA'S PROCESSOR NOR ANY OPRA PARTICIPANT GUARANTEES THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF ANY OF THE OPRA DATA SUPPLIED TO YOU HEREUNDER AND NEITHER VENDOR, OPRA, OPRA'S PROCESSOR NOR ANY OPRA PARTICIPANT SHALL BE LIABLE IN ANY WAY, TO YOU OR TO ANY OTHER PERSON, FOR ANY LOSS, DAMAGES, COST OR EXPENSE WHICH MAY ARISE FROM ANY FAILURE OF PERFORMANCE BY VENDOR, OPRA, OPRA'S PROCESSOR OR ANY OPRA PARTICIPANT, OR FROM ANY DELAYS, INACCURACIES, ERRORS IN OR OMISSIONS OF, ANY OF THE OPRA DATA OR IN THE TRANSMISSION OR DELIVERY THEREOF, WHETHER OR NOT DUE TO ANY NEGLIGENT ACT OR OMISSION ON THE PART OF VENDOR, OPRA, OPRA'S PROCESSOR OR ANY OPRA PARTICIPANT. IN NO EVENT SHALL VENDOR, OPRA, OPRA'S PROCESSOR OR ANY PARTICIPANT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, OR DAMAGES RESULTING FROM INCONVENIENCE OR LOSS OF USE OF THE SERVICE.

5. The terms of this Agreement may be modified at any time upon notice to you. If you do not assent to this Agreement as modified at or prior to the time you next attempt to access the Service, this Agreement shall automatically be terminated. This Agreement as modified shall apply to your use of the Service from and after the date of the modification.

6. Your receipt of the OPRA Data hereunder may be terminated at any time by you or by Vendor upon 30 days notice from the terminating party to the other party, and may be terminated immediately upon a determination by Vendor or OPRA that you are not in compliance with this Agreement.

7. Nothing herein shall be deemed to prevent or restrict OPRA, OPRA's Processor or any OPRA Participant from discontinuing to furnish OPRA Data for dissemination or from making such changes in the speed of transmission, the characteristics of the electrical signals representing the OPRA Data or the manner of disseminating the same, as OPRA shall from time to time determine to be appropriate, with or without notice to you. You shall not hold OPRA, OPRA's Processor, or any OPRA Participant liable for any resulting liability, loss or damage that may arise therefrom.

8. You agree to notify Vendor promptly of any changes in the information provided herein and to furnish Vendor any additional information requested by it in connection with your receipt of the OPRA Data.

9. The parties acknowledge and agree that this Agreement is for the express benefit of OPRA, OPRA's Processor and each OPRA Participant.

10. The provisions of Sections 3, 4 and 9 will survive any termination of this Agreement and will remain in full force and effect.

11. All notices under this Agreement may be provided either in writing or electronically. All written notices to Vendor shall be sent to the Vendor's street address set forth above and all such notices to you shall be sent to the street address that you provide in paragraph 1. All electronic notices to Vendor shall be sent to Vendor's email address set forth above and all such notices to you shall be provided to you where you access the OPRA Data electronically.

IF YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE, PLEASE TYPE IN YOUR NAME AND ADDRESS IN THE SPACES PROVIDED ABOVE AND CLICK ON THE "I AGREE" BUTTON BELOW. By clicking on the "I AGREE" button below and typing in your name as indicated above, you agree that:

i) you have read and you understand all of the terms and conditions set forth above; and

ii) you intend to form a legally binding and valid contract under which you will be bound by all of the terms and conditions set forth above.

ADDENDUM FOR NONPROFESSIONALS

(To be completed by Nonprofessional Subscribers only)

The purpose of this Addendum is to determine whether you are a "Nonprofessional" for OPRA's purposes. OPRA defines a "Nonprofessional" as an individual for whom the four statements set out in paragraphs 1(a) through (d) of this Addendum are true.

1. You represent and agree that the following statements are and will continue to be true for so long as you receive OPRA Data as a Nonprofessional:

(a) You are entering into this Agreement in your own individual capacity and not on behalf of any other person or any corporation, partnership, limited liability company, trust, association or other form of entity. If you agree, click on "I AGREE":

(b) You shall use the OPRA Data solely in connection with your individual personal investment activities and not in connection with any trade or business activities. If you agree, click on "I AGREE":

(c) You are not a securities broker-dealer, investment advisor, futures commission merchant, commodities introducing broker or commodity trading advisor, member of a securities exchange or association or futures contract market, or an owner, partner, or associated person of any of the foregoing. If you agree, click on "I AGREE":

(d) You are not employed by a bank or an insurance company or an affiliate of either to perform functions related to securities or commodity futures investment or trading activity. If you agree, click on "I AGREE":

2. You agree to notify Vendor promptly if your circumstances change such that any of the statements in Section 1 of this Addendum would no longer be true for you.

You must print, sign and fax or snail mail the OPRA professional realtime contract to Stockwatch. We will submit your application to the exchange and enable realtime access as soon as it is approved. Fill in the name and business address at the top, and your billing information at the bottom.
The third page is a "Third Party Billing Agreement" which enables us to collect the OPRA fee from you and remit it to OPRA. Fill in and sign the left side of this agreement; Stockwatch fills in the right side.

Please ensure that your billing address is correct.

Fax the contract to or snail mail it to the following address. Please clearly print your name, Stockwatch login ID and email address.

Fax: 604-687-2304

Canjex Publishing Ltd, Box 10371, Pacific Centre, 700 West Georgia St, Vancouver BC Canada V7Y 1J6

Feel free to contact our office for assistance at 800-268-6397 or 604-687-1500.

Click HERE for the OPRA professional contract.
Click HERE for the EU General Data Protection Regulation addendum.

On-Line Philadelphia Board of Trade Subscriber Agreement