CME ConfirmHub® Services Registration

AUTHORIZATION AND RELEASE FOR PROVISION OF DATA TO CONFIRMHUB

Last Updated: 10/17/2008

Pursuant to the terms of this agreement ("Agreement") as set forth below, the market participant ("Market Participant") hereby acknowledges, accepts and agrees to the following:

1. Market Participant authorizes CME Group Inc. and all of its affiliates (collectively, "CME Group" or "Exchange") to distribute, to ConfirmHub, LLC ("ConfirmHub") and the ConfirmHub trade confirmation system (the "ConfirmHub System"), any and all data pertaining to Market Participant's activities conducted at or on the Exchange.

2. Market Participant fully and completely waives, releases and forever discharges CME Group and all of CME Group's officers, directors, shareholders, employees, attorneys, members, agents, representatives and assigns from all claims, actions, causes of action, damages, attorneys' fees, debts and any demands whatsoever, in law, admiralty or equity, arising from or related to distribution of data to and use of the ConfirmHub System, that Market Participant and/or Market Participant's successors and assigns ever had, now have or hereafter can, shall or may have.

3. Market Participant acknowledges that CME Group does not guarantee continuous, uninterrupted service and acknowledges that transmission of data on any electronic system may be subject to: interruption; interference; blackout; failure; systems or service unavailability or failure; hardware or software malfunction or failure; interception by third parties; unauthorized access; theft; modification or inaccuracy. Market Participant acknowledges that the reliability, availability, performance and other aspects of the ConfirmHub System are the responsibility and under the control of ConfirmHub and are beyond CME Group?s control. Information provided to and viewed through the ConfirmHub System is not verified or guaranteed by CME Group for accuracy. Market Participant further acknowledges that the reliability, availability, performance and other aspects of the Internet are beyond CME Group's reasonable control.

4. CME Group reserves the right to immediately cease submitting any or all Market Participant data to the ConfirmHub System should Market Participant violate or fail to meet any of the terms and conditions of this Agreement or otherwise engages in any activity deemed by the Exchange to adversely impact the integrity, operation or any other aspect of the Exchange, its markets or other users. Market Participant understands and agrees that violation of this Agreement may cause irreparable harm to the Exchange, not compensable by money damages and for which the Exchange shall not have an adequate remedy at law. Accordingly, the Exchange shall be entitled to seek injunctive relief, in addition to any other rights and remedies which might be available to it under the law.

5. DATA ARE BEING PROVIDED TO CONFIRMHUB ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS PROVIDED BY CME GROUP (AND INCLUDING ITS VENDORS, INDEPENDENT CONTRACTORS AND SUBCONTRACTORS) RELATING TO THE PROVISION THEREOF AND/OR THE CONFIRMHUB SYSTEM AND ANY THIRD PARTY SERVICES OR FACILITIES USED TO SUPPORT SAME, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. FURTHERMORE, CME GROUP CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS, ACCURACY OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA MADE AVAILABLE ON OR THROUGH ANY EXCHANGE SYSTEM OR THE CONFIRMHUB SYSTEM.

6. Market Participant agrees, without reservation, to hold CME Group harmless in connection with the delivery of Market Participant data to the ConfirmHub System in accordance with this Agreement, and, following such delivery to the ConfirmHub System or thereafter, in connection with any use or distribution of such data.

7. The Exchange may amend this Agreement at any time by posting amendments on an Exchange website and any such amendments will be prospectively binding on Market Participant.

8. Market Participant represents and warrants that this Agreement is legal, valid, binding and enforceable against Market Participant. The individual who agrees to this Agreement on behalf of Market Participant represents and warrants that he or she has all necessary power and authority to execute this Agreement on behalf of Market Participant.

 

IN ORDER TO INDICATE MARKET PARTICIPANT'S AGREEMENT TO THE ABOVE TERMS, YOU, AS ITS AUTHORIZED REPRESENTATIVE, MUST SELECT THE 'ACCEPT' OPTION BELOW THAT CONFIRMS YOUR AGREEMENT TO THE ABOVE TERMS.