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B3 S.A. – UP2DATA

B3 UP2DATA is a market close and reference data provision service. It provides data on security lists, open positions, trade information, settlement and reference prices, and economic indicators for the Commodities, Interest Rate, Exchange Rate, and Equity markets, among other data.

Client hereby agrees to comply with any terms and conditions governing the use of B3 UP2DATA content accessed through the Refinitiv Service. Note that all clients must abide by the rules and requirements as per the B3 UP2DATA Policies which can be found in the following link and further details below under Terms and Condition:

 http://www.b3.com.br/en_us/market-data-and-indices/data-services/up2data/about-up2data/

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 UP2DATA SERVICES SUBSCRIBER TERMS AND CONDITIONS:

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

(i) UP2DATA Information originates from the markets managed by B3 S. A. - Brasil, Bolsa, Balcão, enrolled with the Brazilian Corporate Taxpayers’ Register of the Finance Ministry (“CNPJ/MF”) under No. 09.346.601/0001-25 (“B3”), through technology, methods, expenditures and efforts provided solely by B3, the sole owner of all rights related to DISTRIBUTION and DISPLAY services of UP2DATA Information, including intellectual property, and any modifications made, except for any third party information that B3 is authorized to distribute. END USERS undertake to comply with such rights, as well as not to remove or alter any copyright symbols, warnings and notices and/or service or product marks or contained or mentioned in the UP2DATA Information;

(ii) This limited license does not give END-USER any ownership, title, intellectual property, participation or any other interest in UP2DATA 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 UP2DATA Information for the sole and exclusive purpose of investment decision support, as well as in accordance with B3’s UP2DATA DISTRIBUTION POLICY and UP2DATA 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 UP2DATA 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 UP2DATA Information from time to time, at its sole discretion;

(iv) All B3’s and/or its partners’ rights of ownership in and to UP2DATA Information 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 UP2DATA Information 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 and express written consent of B3, in a specific agreement and in accordance with the  guidelines of the UP2DATA DISTRIBUTION POLICY, the use of UP2DATA Information is not permitted for the purposes of preparing, creating, calculating or generating any indexes, rates, benchmarks and/or similar items, and the following shall also be prohibited: the use of SPECIALIZED DATA for preparation, creation, calculation and/or generation of any financial instruments, securities (e.g. options and derivatives) for its own benefit or for the benefit of third parties, for consideration or free of charge; the provision of independent services of distribution, DISPLAY, evaluation or supply of databases and products to third parties. In the event that the END USER breaches this prohibition, B3 may order the DATA DISTRIBUTOR to immediately cancel the access of this END USER to the UP2DATA Information and the application of the penalties provided for in the Agreement between the DATA DISTRIBUTOR and B3, as well as resorting to all mechanisms provided for by law to cease said infraction or violation of this instrument or any agreement signed between the DATA DISTRIBUTOR and an END USER. The END USER acknowledges and agrees that (i) B3 is a beneficiary to any agreement between the END USER and its UP2DATA Information provider, and B3 shall have the right to plead in court the exercise and defense of its rights provided for in the aforementioned instruments, given the irreparable damage it will incur if these terms are violated; and (ii) B3's terms of use (as amended from time to time) shall be considered as incorporated by reference to this Agreement. B3 may take any measure or remedy for the exercise and defense of its rights, without mutual exclusion between them and without prejudice to the right to be compensated for the losses and damages suffered by it or by third parties as a result of the infraction or violation;

(vii) The END USER shall not DISTRIBUTE, REDISTRIBUTE, transfer, transmit, retransmit, license, sublicense, lease, loan, sell, resell, recirculate, reformat, DISPLAY, disclose, publish, provide independent services based on UP2DATA Information, or the same or similar information as a UP2DATA and to evaluate or supply databases and products to third parties through the use, or provision, in full or in part, of UP2DATA Information, except with the prior and express authorization from 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 UP2DATA INFORMATION and license agreements signed with the 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 DATA DISTRIBUTOR, with the Agreement entered into by and between the DATA DISTRIBUTOR and B3, and with the terms of use;

(ix) END-USER shall indemnify and hold harmless B3 and DATA DISTRIBUTOR any damages or claims for damages caused to B3, DATA DISTRIBUTOR or third parties by unauthorized use of UP2DATA INFORMATION, including reasonable attorneys’ fees, expert fees, and costs of litigation;

(x) B3 does not warrant or guarantee the sequence, timeliness, accuracy or completeness of UP2DATA INFORMATION and shall not be liable to DATA DISTRIBUTOR, its END-USERS, REDISTRIBUTORS or third parties for any delays, inaccuracies, errors or omissions in UP2DATA INFORMATION 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 UP2DATA INFORMATION, including without limitation, disruptions due to an act of God or force majeure;

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

(xii) 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.”