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Subscription Form forthe DDM PLUS ServiceTo be compiled and sent via fax to:Borsa Italiana S.p.A. - Market Data Italy (fax n. 39 (0)2 72426 461)a) Subscriber detailsName/Company name .Registered office in . Post code City . . .County .VAT number and Tax code . .Reference contact number . . Tel. Fax E-mail .b) Invoicing Information (where different from the above)Name/Corporate name . .Business sector . . Address . Post code City County . Tel. Fax . E-mail . .VAT number and Tax code . . .Administration Manager: First name Surname c) Infrastracture & Modules requested by the SubscriberModuleLevel A1Level A2Level A3Level A4Level A5DelayedModeReal TimeModeAFFDERMOTINDEXESd) Infolect option By selecting the Infolect option, the Subscriber will receive the Italian market data - MTA, ETF Plus, Sedex, MOT marketand INDICES –via the Infolect infrastructure operated by the London Stock Exchange plc (“LSE”).The Subscriber is aware and acknowledges that the supply of such data via Infolect infrastructure requires compliance withthe Technical Specifications as published from time to time by LSE on its website.
In case the Infolect option is selected, please enter the relevant Service Access Point (SAP) and Enablement ID(s) yourequire your Extranex connection to be enabled for in order to receive Italian Market Data from the London StockExchange’s Infolect system:SAP IDEnablement IDPlease also specify the Infolect Service Channels you wish to receive for Italian market data available via Infolect:MTA data available via Infolect [tick appropriate box]: D01 Italian Equity Level 1 D02 Italian Equity Level 1 Plus D03 Italian Equity Level 2 D04 Italian Equity Reference Data D05 Market Status Indicators D06 Market Reference DataSEDEX data available via Infolect [tick appropriate box]:D07 SEDEX Level 1D08 SEDEX Level 2D09 SEDEX Reference DataMOT data available via Infolect [tick appropriate box]:D10 MOT Level 1D11 MOT Level 2D12 MOT Reference DataETF Plus data available via Infolect [tick appropriate box]:D13 ETF Plus Level 1D14 ETF Plus Level 2D15 ETF Plus Reference DataINDEX data available via Infolect [tick appropriate box]:FTSE Italia Indicese) SOLA option By selecting the SOLA option, the Subscriber will receive the Italian Derivatives market data - DER - via the SOLAinfrastructure.The Subscriber is aware and acknowledges that the supply of such data via SOLA infrastructure requires compliance withthe Technical Specifications as published from time to time by BORSA ITALIANA SPA on its website.2April 2011
In case the SOLA option is selected, please enter the relevant Service Access Point (SAP) or CODE(s) andEnablement(s) you require your Extranex / Bit Network connection to be enabled for in order to receive ItalianDerivatives Market Data from the SOLA system:SAP ID / CODE(s)Enablement ID(s)Please also specify the SOLA Service Channels you wish to receive for Italian Derivatives Market Data available viaSOLA:DER data available via SOLA [tick appropriate box]: Italian Derivatives Level A1 Italian Derivatives Level A2The Subscriber declares to know and understand the characteristics of the Services requested, as described in the attachedGeneral Terms and Conditions.The Subscriber agrees that the attached General Terms and Conditions, shall apply to this Form. To this end, the Subscriberexpressly approves the following clauses set forth in the General Terms and Conditions, pursuant to articles 1341 and 1342 ofthe Italian Civil Code.3.2, 5.1, 10.1,10.2, 10.3, 11.4,4.6.1(v)6.1(vi); 6.1 (vii)6.1(viii)8.2, 8.5, 10.178.68.812.1, 12.2, 12.3,12.412.613.21416.318(object and specific undertakings by the Subscriber)(modification of the Service)(undertakings by the Subscriber in connection with the agreements with Clients and Final Users)(undertaking by the Subscriber to obtain from Clients / Final Users a written declaration in favour ofBorsa Italiana)(undertaking by the Subscriber to suspend the provisions of the service to Clients)(penalty fees and effectiveness of penalty interests)(right of Borsa Italiana to suspend the DDM PLUS Service)(right of Borsa Italiana to modify the fees)(limitation to the Borsa Italiana’s liability)(term of foreclosure)(automatic renewal)(express termination clause)(no assignment)(arbitration)It is hereby understood that the commencement of the supply by Borsa Italiana S.p.A. (“Borsa Italiana”) of one or moreServices requested shall be construed as commencement of the execution according to article 1327 of the Italian Civil Code.The SubscriberPLACE & DATENAME, SURNAME & ROLE OF THE REPRESENTATIVE:3April 2011
AUTHORIZATION TO PROCESS PERSONAL DATA – COMMUNICATION PURSUANT TO ART. 13 OF LEGISLATIVEDECREE 196/2003The Subscriber declares that it has examined the information document regarding the processing of personal data pursuant tothe legislative decree No. 196 of 30 June 2003, as amended, posted on the Borsa Italiana’s privacy.en.htm, as well as the rights mentioned under Art. 7 of same legislative decree.For the purposes therein, the Clientgrants its consentdenies its consentto the treatment and communication to third parties of personal data for the purposes specified under par. 1, (c) of theinformation document provided (customer satisfaction surveys, promotion and sale of products and services, studies andmarket research, public relations, etc.)grants its consentdenies its consentto the communication of its data to persons listed in point 2 (c) of the Information Document for the purposes indicated therein,and to the treatment of the data abroad, also outside the EU, for the purposes indicated under par. 1.(c) above, with or withoutelectronic or automatic devices.Borsa Italiana shall also be allowed to communicate the data of the Clients in its possession to other companies of the LondonStock Exchange Group, when this data are necessary for the exercise of their functions.Place and DateThe SubscriberThe General Terms and Conditions – DDM Plus are posted on the internet websitehttp://www.borsaitaliana.itFor further information: Tel: 39 2 72426459, email: marketdata@borsaitaliana.it4April 2011
GENERAL TERMS AND CONDITIONS DDM PLUSthletters f) and i) of legislative decree no. 58 of 24 February1998), as well as any other market managed by Borsa Italiana;The service for the Market Data Dissemination - DDM PLUS (the“DDM PLUS Service”) is governed by these General Terms andConditions and the attached Subscription Form (the “Form”),including the Attachments which are an integral part of it (the“Agreement”). Should some provisions of the Form be in conflictwith any of the provisions of these General Terms andConditions, the Form shall prevail.Market Data: the data and information as specified underAttachment 1;Measurement of Consumption: measurement, within a givenperiod of time, of the availability of the Market Data;ARTICLE 1: ATTACHMENTSNon-display Usage: means the access, processing or use of theMarket Data for purposes other than displaying or disseminatingsuch data;The attachments hereto shall be an integral and substantial partof this Agreement and are fully enforceable between BorsaItaliana and the Subscriber (individually, the “Party” and togetherthe “Parties”), their successors and assignees.Service Facilitator: an entity providing marketing, sales,technical support or administration services to the Subscriberand/or Client of the Subscriber and, to these ends, has access tothe Market Data;ARTICLE 2: DEFINITIONSSite: unless otherwise defined in this Agreement or in any of theAttachments, any office of the Subscriber and of the Clients(including, by way of example without limitation, the registeredoffices, the administrative offices, the branches, the agencies orother offices) where the Market Data diffused by Borsa Italianapursuant to the terms hereof are used or distributed;Black box, algorithmic applications, program tradingapplications or similar: means applications which are able togenerate orders or execute transactions automatically, withouthuman intervention;Clients: those entities or persons who have access anddistribute the Market Data to other Clients or to Final Users;System: the platforms of basic and applied hardware andsoftware necessary for the supply of the Service;Controlled Network: the system through which the Subscriberutilizes or distributes the Market Data, made of the software and/or network architecture and/ or technology (such as, by way ofexample without limitation, personal computers, dedicatedterminals, local servers, private, public, dedicated or dividednetworks), which ensures the Technical Control by theSubscriber, and, where necessary due to the methods ofutilization and distribution of the Market Data, the Measurementof Consumption;Technical Control: a direct and continuous control on the useand distribution of the Market Data which allows, also for thepurposes of possible Audits, the following:a)the availability of the full and direct personalidentification of each Final User, so to enable theattribution to each of them of an exclusive IdentificationCode, without any verification with third parties beingnecessary, andb)keeping track, with auditable evidence, of the accesseswhich have occurred in the relevant period, andc)the prevention and exclusion of any utilization of theMarket Data by subjects which are not authorized;Exchange Days: days in which trading is open on at least one ofthe Markets;Final User: each person having access to the Market Data, butnot distributing the Market Data;Time Mark: the indication of the time when Market Data areformed on the relevant Market, as provided by Borsa Italiana;Identification Code: individual security key granted on anindividual basis to allow for access to the Market Data;Subscriber: the company entering into this Agreement and allthe companies of which such company holds, directly orindirectly, more than 50% of the corporate capital (hereinafteralso the “Group”).Delayed Mode: the use and/ or distribution of the Market Datawith a delay compared to the Time Mark of at least 20 minutes;Derived Data: means data created, in whole or in part, from theMarket Data, which may not either (i) be reverse engineered withthe purpose of recreating the original Market Data; or (ii) be usedto create other data similar to the Market Data;ARTICLE 3: OBJECT3.1Devices: any type of device, whether fixed or portable, capableof receiving or gaining access to the Market Data;Markets: the stock market, and the market for trading financialinstruments provided under art. 1, paragraph 1, letters f) and e)rdJuly1996(nowof legislative decree no. 415 of 23replaced by art. 1, paragraph 1.Borsa Italiana, under the terms and conditions set forthherein, undertakes to provide to the Subscriber, on anon-exclusive basis, the DDM PLUS Service incompliance with the Functional Specifications, asdefined below, and grants to the Subscriber a nonexclusive license (i) for the utilization of the Market Databy the Subscriber and (ii) for the distribution of MarketData to Clients and to Final Users.5April 2011
3.2The Subscriber acknowledges that Borsa Italiana hasthe right to engage third parties for the supply of theDDM PLUS Service, it being understood that in anycase the contractual relationship is exclusively betweenthe Subscriber and Borsa Italiana.ARTICLE 4: MODIFICATION OF THE SERVICE4.1Borsa Italiana reserves any right to determine the formand contents of the DDM PLUS Service and, inparticular, to modify and supplement from time to timethe technical, functional, administrative and operativemethods of supply of the DDM PLUS Service itself,wherever necessary for complying with provisions of lawor due to a change in the organization of the Markets ormodifications or supplements to the FunctionalSpecifications, as defined below. Borsa Italiana shallcommunicate to the Subscriber its decision to proceedwith such modifications or supplements with notice of atleast 90 Exchange Days prior to their entry into effect,unless such modifications or supplements are aconsequence of the compliance with provisions of law.In the event of modifications or supplements pursuant tothis article 4.1, the Subscriber shall have the right towithdraw from the Agreement by providing notice toBorsa Italiana within and no later than the following 30Exchange Days. The Parties agree that should suchmodifications or supplements prevent the Subscriberfrom receiving the DDM PLUS Service for at least 10consecutive Exchange Days, then the variablecomponent of the fees shall be reduced in proportion tothe number of Exchange Days in which the DDM PLUSService has not been utilized, it being understood thatthe Subscriber shall timely communicate suchimpediments.(i)if applicable, to become familiar with the FunctionalSpecifications as well as the other documents relating tothe DDM PLUS Service which are, from time to time,transmitted by Borsa Italiana and to keep updated withregard to the technical and functional characteristics ofthe DDM PLUS Service;(ii)to communicate to Borsa Italiana, in a timely manner,any significant modification regarding the ControlledNetwork and the means by which such modificationensures the Technical Control and, where necessary, theMeasurement of Consumption;(iii)to regularly update Attachment 2 regarding theControlled Network and inform Borsa Italiana, in a timelymanner, whether the Controlled Network becomes theproperty of or is managed by, an entity other than thatindicated in Attachment 2;(iv)to inform, using appropriate means, the employees,collaborators, consultants and service providers havingaccess to the Market Data, that they are prohibited fromre-distributing, publishing or assigning, in any mannerwhatsoever, whether directly or indirectly, the MarketData or any portion of the Market Data to third parties,and give timely notice to Borsa Italiana of any violation ofsuch condition which may come to its attention, as wellas of the measures taken vis-à-vis the above-mentionedpersons for purposes of sanctioning and preventing thecontinuation or repetition of such violations;(v)to incorporate in the agreements, entered into by theSubscriber with Clients / Final Users, clauses by virtue ofwhich such Clients / Final Users undertake to informwhoever has access to the Market Data of the terms andconditions of this Agreement;(vi)to timely transmit to Borsa Italiana the statement underAttachment 3, in cases where the Subscriber intends toprovide the Market Data to Clients, who may redistributesuch data to their Final Users. Borsa Italiana shall havethe right not to authorize the distribution of the MarketData to the relevant Client to be exercised within sevencalendar days from the date of transmission by fax, of theabove statement, by the Client. The Client shall notdistribute such data before the mentioned authorizationby Borsa Italiana or the elapse of the term above. TheSubscriber shall also obtain from the Clients, and timelysend it to Borsa Italiana, a written statement, as specifiedunder Attachment 3A, should the Clients intend todistribute the Market Data for the purposes under thispoint (vi);(vii)to timely transmit to Borsa Italiana the statement underAttachment 4, in cases where the Subscriber or Client ofthe Subscriber intends to provide the Market Data to therelevant Final Users who may use such data as follows:(i) to feed Black Box, Algorithmic Applications, ProgramTrading Applications or Similar; (ii) in Non-display Usagemode, or (iii) to create Derived Data. Borsa Italiana shallhave the right not to authorize the usage of the MarketData to the relevant Final Users, to be exercised withinseven calendar days from the date of transmission by faxof the above statement by the Final User. The Final Usershall not use such data before the mentionedauthorization by Borsa Italiana or the elapse of the termARTICLE 5: CONNECTION OF THE SUBSCRIBER TO THESYSTEM5.1If applicable, the Subscriber acknowledges that theimplementation of all operations necessary for theconnection of its equipment (hardware and software)with the System, as well as the maintenance of theabove-mentioned equipment, shall be its exclusiveresponsibility and at its cost, and shall be carried out inaccordance with the specifications indicated on theinternet website www.borsaitaliana.it (the oncommunicated from time to time by Borsa Italiana. Therequisites set forth on the website www.borsaitaliana.itshall be considered as an integral part of this Agreementand necessary to ensure the correct functioning of theDDM PLUS Service. For the purposes of complying withall above-mentioned requirements and procure therelevant hardware and software equipment, theSubscriber may directly contact Borsa Italiana, or otherfirms.ARTICLE 6: UNDERTAKINGS BY THE SUBSCRIBER6.1The Subscriber undertakes to do the following:6April 2011
above. The Subscriber shall also obtain from the FinalUsers, and timely send it to Borsa Italiana, a writtenstatement, as indicated under Attachment 4A, should theFinal Users intend to utilize the Market Data for thepurposes of this point (vii);(viii)to provide timely notice to Borsa Italiana of any violationby the Clients/ Final Users which may come to itsattention, of the contents of the statements referred tounder points (vi) and (vii) above, it being agreed that theSubscriber shall suspend the provision of its service toany Clients/ Final Users who have committed suchviolations, where so requested in writing by BorsaItaliana;(ix)to display, in a clear and legible manner, the Time Mark,when using the Market Data or distributing such data tothe Clients;(x)to display, in a clear and legible manner, the existence ofthe delay, when the DDM PLUS Service is supplied inDelayed Mode;(xi)(xii)name and/or contents and/or branding, also where anyweb-hosting modality is used. It is understood that wheresuch publications of the Market Data is in real-time, allprovisions and relevant fees set forth for this kind of modeare applicable.to supply Borsa Italiana, in the manners set forth herein,with truthful, accurate and complete information withrespect to the usage of the Market Data and thedistribution carried out pursuant to art. 7 below, also forthe purpose of calculating the variable component of thefees set forth in art. 8.1 below;7.5The Subscriber and/or Client of the Subscriber, where it isan issuer of listed shares on the markets organized andmanaged by Borsa Italiana, may distribute in real time theA.1 Level, as defined in Attachment 1, of its own shares.The above A.1 Level shall refer only to shares, with theexclusion of bonds, warrants, covered warrants, optionsissued by such issuer or other securities connected to saidshares. The publication of the A.1 Level of such sharesmay be displayed exclusively on the official website of theissuer. To this extent, it is necessary to inform in advanceBorsa Italiana of the name of the issuer, the security valuecode, the address of the website of the issuer where saidflow shall be displayed.7.6The provision of the Market Data to potential Clients/Subscribers for test purposes or free trials shall bepreviously communicated to and authorized by, BorsaItaliana. The absence
DDM PLUS Service, it being understood that in any case the contractual relationship is exclusively between the Subscriber and Borsa Italiana. ARTICLE 4: MODIFICATION OF THE SERVICE 4.1 Borsa Italiana reserves any right to determine the form and contents of the DDM PLUS Service and, in particular, to modify and supplement from time to time
