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Terms for use of ICE Market Data

INTRODUCTION: THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS")ARE THE TERMS AND CONDITIONS ON WHICH INTERCONTINENTAL EXCHANGE, INC. ("ICE", "US" or "WE") PERMITS ACCESS TO YOU TO VIEW THE ICE MARKET DATA (AS DEFINED BELOW) ON THIS WEBSITE (WWW.ICE.IF5.COM). PROVIDED THAT YOU AGREE TO THESE TERMS BY ACCEPTING THEM IN THE MANNER REQUIRED BELOW, YOU WILL BE GIVEN ACCESS TO VIEW THE ICE MARKET DATA ON THIS WEBSITE. IF YOU FAIL TO ACCEPT THESE TERMS IN THE MANNER REQUIRED BELOW, YOU WILL NOT BE PERMITTED ACCESS TO THE ICE MARKET DATA ON THIS WEBSITE. PLEASE NOTE THAT YOU MAY PRINT A COPY OF THIS PAGE SO THAT YOU CAN RETAIN A HARD COPY OF IT FOR YOUR RECORDS ONLY.

Please read these Terms carefully. By pressing the "I Accept" button below, you are deemed to have read and accepted the Terms and the restrictions governing the use of the Ice Market Data. We may change these Terms at any time and it is your responsibility to check for any changes.

1. Ice Market Data: For the purpose of these Terms, "ICE Market Data" shall mean all information and data pertaining to futures contracts and options contracts traded on the futures and options exchange operated by ICE Futures and further, contracts traded on the over-the-counter (“OTC”) trading platform operated by ICE, that includes, without limitation, opening and closing prices, high-low prices, settlement prices, current bid and ask prices, last sale prices, estimated and actual contract volume data, contract specifications, tick data and, as determined by ICE, may include information respecting exchange-for-physical (EFP) transactions. ICE Market Data includes information, data and materials that are derived from the foregoing and that convey information to a viewer that is substantially equivalent to the above.

2. Property in Ice Market Data: You acknowledge and agree that all title in the Ice Market Data belongs to ICE or its affiliates and that ICE and its affiliates have exclusive and valuable property rights in and to the ICE Market Data. You acknowledge that no title or rights in the Ice Market Data are transferred to You pursuant to these Terms or your access to the Ice Market Data, other than as specifically set out in these Terms.

3. Confidential Information: You acknowledge and accept that ICE Market Data constitutes valuable confidential information and/or trade secrets of ICE which are not currently within the public domain, and consequently you shall ensure that no third party is provided with access to the ICE Market Data without our prior written consent.

4. Use of the Ice Market Data: You agree that you may not use, disseminate, or copy any of the ICE Market Data other than as expressly permitted in these Terms. You may use ICE Market Data only for your (a) trading, for your own account or for the account of your customers, of commodity futures contract, options on commodity futures contract, or similar instruments, and/or(b) evaluating, for your own internal business decisions or advice to your customers, the movements or trends in markets for commodity futures contracts, options on commodity futures contracts, or like instruments. You agree that you will not communicate or otherwise furnish, or permit to be communicated or otherwise furnished, ICE Market Data, in any format and via any method, to any other person other than as specifically set out in these Terms. The rights of use of the ICE Market Data set out above are subject to all of the limitations set forth in these Terms. You may, in the regular course of your business only, occasionally furnish to each of your customers, in a quantity restricted to that necessary to enable you to conduct your business in its normal manner, a de minimis number of segments of ICE Market Data. Such provision of Ice Market Data to your customers must be strictly limited to telephonic communications not entailing the use of computerized voice synthesization or any other technology and must be strictly related to your trading activity (a) on your own behalf, or (b) on behalf of your customers. You shall keep full records of any provision of Ice Market Data to your customers in accordance with the above, which you shall provide to us on request.

We reserve the right in our absolute discretion to monitor, suspend, revoke, or otherwise limit access to the Ice Market Data by you at any time. You agree not to use the Ice Market Data in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person, and you agree to indemnify us and hold us harmless against all claims, liabilities, losses, damages, costs and expenses incurred or suffered by us by reason of any breach of such responsibilities.

5. No Representation or Warranty: Your access and use of the ICE Market Data is at your own risk. The Ice Market Data is provided by us for information purposes only and is subject to change without notice. We shall have no responsibility for ensuring that this website and the Ice Market Data is kept up to date. Neither ICE nor any of its affiliates, nor any of their respective members, directors, officers, employees or agents, guarantees the sequence, accuracy, reliability or completeness of any ICE Market Data, nor shall any of them be liable to you, any other individual, or any entity for any delays, inaccuracies, errors or omissions in any ICE Market Data, or in the transmission thereof, or for any other damages arising in connection with your receipt or use of ICE Market Data. We reserve the right in our absolute discretion to add to or remove any Ice Market Data from this website or to amend, alter, redesign or change any Ice Market Data at any time and without notice or liability. We may also suspend your access to any Ice Market Data at any time, without notice or liability.

You should not rely on any information or opinions contained in the ICE Market Data in making any decision but should obtain relevant and specific professional advice and should check the accuracy of all the relevant information. Nothing contained in the Ice Market Data constitutes or should be construed to constitute investment, legal, tax or other advice.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ICE MARKET DATA, OR THE TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN RESPECT OF THE ICE MARKET DATA ARE HEREBY EXCLUDED.

6. Liability: To the fullest extent permitted by law, we exclude all liability for any direct or indirect losses, damages, costs or expenses incurred or suffered by you or any other party arising out of or in connection with the access to, use of or reliance on the Ice Market Data whether through negligence, tort, breach of contract or otherwise and howsoever arising. In no circumstances shall we have any liability for consequential or special damages. However, nothing in these Terms shall limit our liability for any fraudulent misrepresentation or for death or personal injury resulting from our negligence, or for any other liability which cannot be excluded or limited by law.

7. Scraping: The scraping of this website for the purpose of extracting data automatically from this website is strictly prohibited BY ICE and it should be noted that this process could result in a drain on ICE's system resources. ICE (or its affiliates, agents or contractors) may monitor usage of this website for scraping purposes and may take all necessary actions to ensure that access to this website is removed from entities carrying out or reasonably believed to be carrying out web scraping activities.

8. General: These Terms shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction in relation to any disputes arising from them or your use of the Ice Market Data. The invalidity or unenforceability of any part of the Terms shall not affect, impair or invalidate the remainder of the Terms.

9. ACCEPTANCE: IN ORDER TO DEMONSTRATE YOUR AGREEMENT TO THESE TERMS, YOU, AS VIEWER, MUST SELECT THE 'I AGREE' OPTION BELOW THAT CONFIRMS YOUR AGREEMENT TO THE ABOVE TERMS. IF YOU FAIL TO ACCEPT THESE TERMS, YOU WILL NOT BE GRANTED ACCESS TO THE ICE MARKET DATA.