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B3 S.A. – BRASIL, BOLSA, BALCÃO former BM&F Bovespa

Client hereby agrees to comply with any terms and conditions governing the use of B3 content accessed through the Refinitiv service. Note that all clients must abide by the rules and requirements as per the B3 Market Data Policies which can be found in the following link further detailed below under Terms and Conditions:

http://www.b3.com.br/en_us/market-data-and-indices/data-services/market-data/distributors/contracts-and-commercial-policy

Please note that REGULATORY DATA made available from B3 on their website is freely and publicly available is not restricted under Refinitiv Services, though USER shall acknowledge that Creation of indexes, rates and benchmarks and the likes that have as basis the REGULATORY DATA must require prior authorization from B3.

REGULATORY DATA consists of: Instrument List (Listed Segment), Instrument List (OTC Segment), Consolidated Trades (Listed Segment), Consolidated Trades (OTC Segment), Consolidated Trades – After Market (Listed Segment), Derivatives Open Position (Listed Segment), Open Position for Security Lending and Security Lending Registered Contracts.  More detail about Regulatory Data please consult B3 External Communication 033-2019-VPC.

Please also refer to the B3 NON-DISPLAY USAGE POLICIES available on My Refinitiv Portal for further details regarding usage in a non-display manner.                                                                                                    

B3 CONTENT SUBSCRIBER TERMS AND CONDITIONS:

“END-USER hereby declares that it understands and agrees to the following terms of use and conditions:

      I. B3 content is generated in TRADING SYSTEMS using technology, methods, and labor provided solely by B3 at its expense. B3 is the sole owner of all rights, including intellectual property rights, pertaining to B3 content, and any changes or enhancements made thereto, except any third-party data which B3 is authorized to distribute. END-USER undertakes to respect such rights and to refrain from removing or altering any copyright symbols, warnings or notices, and/or service marks or trademarks contained or mentioned in B3 content;

     II. This limited license does not give END-USER any ownership, title, intellectual property, participation or any other interest in B3 content Information, which remains the sole property of B3 and/or its partners, and may be used by END-USER only for internal purposes, as specified below;

    III. The END USER is authorized to use the B3 content Information for the sole and exclusive purpose of investment decision support, as well as in accordance with B3’s MARKET DATA FEED DISTRIBUTION POLICY and MARKET DATA FEED COMMERCIAL POLICY published on B3’s website, and may not use it in any way that violates applicable legislation or the purposes established herein and in the Agreement entered into by and between the MARKET DATA FEED Information provider (“DATA DISTRIBUTOR”) and B3, in addition to the terms of use posted on the website provider or otherwise made available to the END USER. B3 shall have the right to change the terms of use for DISTRIBUTION and/or DISPLAY of B3 content  from time to time, at its sole discretion;

   IV. All B3’s and/or its partners’ rights of ownership in and to B3 content  shall be protected, during the term of this license agreement and afterward, with the same care as DATA DISTRIBUTOR and END-USER take to protect their own property, and END-USER undertakes to comply with all B3 terms of use for B3 content  as amended from time to time;

   V. END-USER agrees to be bound by all applicable obligations contained in these terms of use. These terms of use may be amended from time to time by B3;

   VI. Except with the prior written consent of B3 expressed in a separate agreement and pursuant to the guidelines of the then applicable B3’s policy, B3 content may not be used for the purposes of producing, creating, calculating or generating indexes of any kind, financial instruments or securities (such as options and derivatives) for the benefit of END-USER or third parties. If an END-USER fails to comply with this prohibition on use of MARKET DATA FEED, B3 may direct MARKET DATA DISTRIBUTOR to discontinue such END-USER’s access to B3 content and impose the penalties provided in the Agreement entered into by and between the MARKET DATA DISTRIBUTOR and B3, as well as resort to all the remedies available at law and in equity to terminate any infringement of B3’s rights in B3 content or any breach of this agreement or any agreement entered into between MARKET DATA DISTRIBUTOR and an END-USER. END-USER agrees that B3 will suffer irreparable harm if the END-USER makes unauthorized use of B3 content to produce, create, circulate or generate indexes. The END-USER further acknowledges and agrees that (i) B3 is an intended beneficiary of any agreement between the END-USER and its supplier of B3 content and B3 shall have the right to enforce the provisions thereof, considering the irreparable harm it will suffer in case the license terms are violated, and (ii) the B3 terms of use, as amended from time to time, shall be deemed to be incorporated by reference in such agreement. B3 may take any action to enforce its rights and remedies without having to elect among them and without prejudice to its right to recover damages for losses incurred by B3 or third parties as a result of any such infringement or breach;

  VII. END-USER is prohibited from distributing, redistributing, transferring, transmitting, disclosing, reselling, licensing, sublicensing, recirculating, reformatting, publishing, providing third parties with unauthorized MARKET DATA FEEDs or services involving the evaluation or supply of databases and products through the use of, or passing on MARKET DATA FEED, wholly or partially, in any way without the prior written consent of B3;

  VIII. END-USER understands and agrees that B3 or any representative appointed by B3 may upon request, at any time, provided the END-USER is notified at least thirty (30) days in advance, inspect END-USER’s books, records and systems relating to the reception of B3 content and license agreements signed with the MARKET DATA DISTRIBUTOR in order to verify the veracity and accuracy of the information contained therein, and to make sure END-USER is in compliance with its agreement with its MARKET DATA DISTRIBUTOR, with the Agreement entered into by and between the MARKET DATA DISTRIBUTOR and B3, and with the terms of use;

  IX. END-USER shall indemnify and hold harmless B3 and MARKET DATA DISTRIBUTOR any damages or claims for damages caused to B3, MARKET DATA DISTRIBUTOR or third parties by unauthorized use of MARKET DATA FEED, including reasonable attorneys’ fees, expert fees, and costs of litigation;

   X. B3 does not warrant or guarantee the sequence, timeliness, accuracy or completeness of B3 content and shall not be liable to MARKET DATA DISTRIBUTOR, its END-USERS, REDISTRIBUTORS or third parties for any delays, inaccuracies, errors or omissions in B3 content supplied hereunder or for any damages deriving therefrom or caused thereby. B3 further assumes no responsibility and disclaims all liability for any damages caused by disruptions of the distribution of MARKET DATA FEED, including without limitation, disruptions due to an act of God or force majeure;

   XI. B3 does not warrant or guarantee the sequence, timeliness, accuracy or completeness of B3 content  and shall not be liable to DATA DISTRIBUTOR, its END-USERS, REDISTRIBUTORS or third parties for any delays, inaccuracies, errors or omissions in B3 content  supplied hereunder or for any damages deriving therefrom or caused thereby. B3 further assumes no responsibility and disclaims all liability for any damages caused by disruptions of the distribution of B3 content, including without limitation, disruptions due to an act of God or force majeure;

   XII. The terms and conditions contained herein shall prevail over any other inconsistent or incompatible agreements or provisions thereof by and between END-USER and MARKET DATA DISTRIBUTOR, and may be altered only by written agreement signed by B3;

 XIII. END-USERS may not use any trademarks, service marks, symbols, distinctive signs or elements identifying B3, its products or services, or engage in any advertising, publicity or marketing activities that associate its activities with those of B3, without the latter’s prior written consent, and any such authorized use shall be in strict compliance with the terms and conditions imposed by B3 on such use.