Data Usage Agreement

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Exchange Data And Information

The participating Stock & Option Exchanges place certain restrictions on the use of their quotes. In order to obtain Real Time Quotes you must agree to the following Subscriber Agreement.

"INFORMATION PROVIDERS" FOR SECURITIES QUOTATIONS ON THIS SERVICE INCLUDE VARIOUS SECURITIES MARKETS SUCH AS THE NEW YORK STOCK EXCHANGE, AMERICAN STOCK EXCHANGE, NASDAQ STOCK MARKET, Inc. AND OTHER EXCHANGES, THEIR AFFILIATES, AGENTS, optionsXpress, Inc. ("optionsXpress"), AND OTHERS. BY USING THIS SERVICE, YOU AGREE THAT (I) MARKET QUOTES AND OTHER INFORMATION RECEIVED FROM INFORMATION PROVIDERS ARE SOLELY FOR YOUR OWN PERSONAL USE; (II)YOU SHALL NOT RE TRANSMIT OR OTHERWISE FURNISH MARKET DATA TO ANY OTHER PERSON;(III) YOU ACKNOWLEDGE THAT THE DATA IS AND SHALL REMAIN THE PROPERTY OF THE RESPECTIVE INFORMATION PROVIDERS OR OF THE MARKET ON WHICH A REPORTED TRANSACTION TOOK PLACE OR A REPORTED QUOTATION WAS ENTERED; AND (IV) YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDERS ARE THIRD-PARTY BENEFICIARIES UNDER THESE PROVISIONS AND MAY ENFORCE THESE PROVISIONS AGAINST YOU.

Disclaimer of Warranties, Terms and Liability

THE DATA AND INFORMATION ACCESSIBLE ON THIS SERVICE IS PROVIDED "AS IS" AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA. optionsXpress ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, AND LICENSOR CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL. NEITHER optionsXpress NOR ANY OF ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR LICENSOR SHALL BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING ANY INFORMATION OR DATA THROUGH THIS SERVICE. IN NO EVENT WILL optionsXpress, ITS AFFILIATES, AGENTS, INFORMATION PROVIDERS, OR LICENSOR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME.

BY EXECUTING THIS AGREEMENT, AND/OR BY USING OR CONTINUING TO USE SUBSCRIBER AGREES (A) THAT IT HAS READ, AND AGREES TO BE BOUND BY, THE NASDAQ CONSOLIDATED SUBSCRIBER AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO; (B) THAT VENDOR IS NOT AN AGENT OF NASDAQ AND IS NOT AUTHORIZED TO ADD TO OR DELETE FROM THE NASDAQ CONSOLIDATED SUBSCRIBER AGREEMENT AND IS NOT AUTHORIZED TO MODIFY ANY PROVISION OF THE NASDAQ CONSOLIDATED SUBSCRIBER AGREEMENT; AND (C) THAT NO PROVISION HAS BEEN ADDED TO OR DELETED FROM THE NASDAQ CONSOLIDATED AGREEMENT AND THAT NO MODIFICATIONS HAVE BEEN MADE TO IT. BOTH SUBSCRIBER AND THE PERSON EXECUTING ON BEHALF OF SUBSCRIBER WARRANT THAT SUBSCRIBER IS LEGALLY ABLE TO UNDERTAKE THE OBLIGATIONS SET FORTH IN, AND THE SIGNATORY IS DULY AUTHORIZED TO BIND SUBSCRIBER TO, THE NASDAQ CONSOLIDATED SUBSCRIBER AGREEMENT.

NYSE TERMS FOR MARKET DATA DISPLAY SERVICES

optionsXpress, Inc. ("optionsXpress") agrees to make "Market Data" available to you pursuant to the terms and conditions set forth in this agreement. By manifesting your assent,  you the "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 listed on a national securities exchange, (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 New York Stock Exchange ("NYSE") or the American Stock Exchange ("AMEX") 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