Welcome! The following terms govern your use of NASDAQ^TM mobile software, and services (“Applications”). 

BY INSTALLING, USING OR ACCESSING THE APPLICATIONS, YOU SIGNIFY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING APPENDIX I AND THE TERMS AND CONDITIONS APPLICABLE TO THIRD PARTY ANALYTICS TOOLS AND SERVICES, WHICH YOU MAY FIND IN SECTION 7 (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE, DO NOT INSTALL, USE OR ACCESS THE APPLICATIONS. 

1.APPLICATIONS. Nasdaq, Inc. and/or its affiliates and suppliers (“Nasdaq”, "we" or "us") provide the Applications to you under the terms of this Agreement. We may discontinue or change any feature of the Applications at any time and without notice. 

2. TERMS. This Agreement, any supplemental terms set forth in the Appendix, plus any additional or modified terms that are incorporated into any Application and/or accompany any update or upgrade collectively govern your use of the Applications. In addition, you understand and agree that (i) third party distributors or telecommunication services that offer the Applications on their devices or through their application stores may impose their own terms and conditions if you acquire and use the Applications from them, and (ii) use of any service or site accessed through the Applications is governed by the terms and conditions presented on that service or site. Your use of the Applications is also governed by our Privacy Policy, which may be found at http://www.nasdaq.com/sitespecific/privacy.aspx. 

3. OWNERSHIP AND RIGHT TO USE. This is a license of the Applications, not a sale. The Applications are protected by copyright and other intellectual property laws and by international treaties. We, our licensors, partners and suppliers own all rights in the Applications. Subject to your compliance with this Agreement, we grant you a personal, limited, non-exclusive, revocable, non-sublicenseable and non-transferable right to install and use the Applications for personal purposes. You must be at least 18 years old to use any location-based services included in the Applications. We retain and reserve all rights not expressly granted to you. 

4. RESTRICTIONS. You may not: (i) make any copies of the Applications other than the copy that you need to operate the Applications on your devices, (ii) modify or create any derivative works of the Applications; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive or discover the source code, underlying ideas, protocols or algorithms of the Applications; (iv) attempt to gain unauthorized access to, disrupt or interfere with any services, accounts, computer systems or networks associated with or used by the Applications; (v) resell, lease, sublicense or otherwise attempt to transfer rights to the Applications; (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Applications; (vii) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Applications; (viii) use the Applications or any of our services associated with the Applications in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of the services or Applications; (ix) use the Applications in any way that violates this Agreement, any law, or the rights of any third party; (x) use the Applications in any way to transmit, directly or indirectly, any unsolicited bulk communications; or (xi) assist any third party to do any of the things described in this paragraph. 

5. CONTENT. Content, information, materials, graphics, audio and video (“Content”) that may be accessed through the Applications, including any intellectual property rights associated therewith, is the property of its respective owner. You may not use the Applications to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You are solely responsible for the Content that you upload, transfer, send, forward, submit, share, post or otherwise provide (collectively referred to as “Post”) using the Applications and for the consequences of Posting Content where others and the general public may see the Content. This includes any personal information about you or others, such as your or another’s home address. You understand and acknowledge that it may be difficult or impossible to control the misuse of such information by others or remove the information from the Applications or from third party services. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE RELEASE OF PRIVATE INFORMATION IN CONTENT YOU POST TO THE APPLICATIONS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, OR ANY OTHER CONSEQUENCES THAT MAY OCCUR BETWEEN YOU AND ANY OTHER USER OF THE APPLICATIONS AND OUR SERVICES OR A MEMBER OF THE PUBLIC AND THAT THE ENTIRE RISK IS WITH YOU. IF YOU PROVIDE ANY DATA TO BE PROCESSED BY NASDAQ, YOU ARE THE SOLE “DATA CONTROLLER” AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS WITH RESPECT TO SUCH DATA, INCLUDING, WITHOUT LIMITATION, APPLICABLE DATA PROTECTION AND PRIVACY LAWS. 

By Posting Content, you are giving us, our assigns, our agents, third party contractors, and partners the irrevocable, royalty free, perpetual, worldwide right and license to display, store, copy, perform, adapt, modify, remix, publish, use (including for promotional and marketing purposes), syndicate and/or distribute such Content (either in the form submitted or in the form of a derivative or adapted work) without attribution in any medium and through any form of technology or distribution. Without limiting the foregoing, with respect to any video submissions to us and made by you, we have the right to or may permit users to compile, re-edit, adapt or modify your submission, or create derivative works, either on a stand-alone basis or in combination with other submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our partners shall be free to display and publish the same for any period. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your Content expressly including but not limited to any video content that you Post. 

Opinions Posted by other users and third parties are theirs alone. Content created by users and third parties is their sole responsibility and its accuracy and completeness is not guaranteed or endorsed. We do not undertake any obligation or responsibility relating to such Content and do not undertake or assume any duty to monitor the Application for inappropriate or unlawful Content. We and our successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from such Content, including but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. We reserve the right to remove, at our sole discretion, any Content 

6. THIRD PARTY SERVICES. We are not responsible or liable for the availability, Content or activities of third party services and/or sites (“Third Party Service”) that may be incorporated into, or accessible from, the Application. We do not endorse or recommend and are not responsible or liable for any Content, accuracy, quality, advertising, products, or other materials on or available from such Third Party Services. You further acknowledge that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of such Third Party Services. In addition, third party distributors or telecommunication services may impose their own terms and conditions and impose charges or costs if you acquire the Applications from them, or use the Applications with their services. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO OBTAIN, ACCESS OR USE THE APPLICATIONS THROUGH YOUR DEVICE. 

7. THIRD PARTY ANALYTICS TOOLS AND SERVICES. OUR APPLICATIONS MAY USE THIRD PARTY ANALYTICS TOOLS AND SERVICES TO HELP US BETTER UNDERSTAND HOW YOU INTERACT WITH THE APPLICATIONS, DEVELOP AND IMPROVE OUR APPLICATIONS, AND PROVIDE TARGETED ADVERTISING AND CONTENT. THESE TOOLS AND SERVICES, THROUGH THE USE OF COOKIES, BEACONS, OR OTHER TECHNOLOGIES MAY COLLECT INFORMATION ABOUT YOUR USE OF THE APPLICATION INCLUDING BUT NOT LIMITED TO YOUR DEVICE, LOCATION INFORMATION, AND OPERATING SYSTEM. IN ADDITION, THE THIRD PARTIES PROVIDING THESE TOOLS AND SERVICES MAY USE THE INFORMATION COLLECTED PURSUANT TO THEIR PRIVACY POLICIES. LINKS TO THESE THIRD PARTY PRIVACY POLICIES MAY BE FOUND IN THE SUPPLEMENTAL TERMS TO THIS AGREEMENT. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY OR RESULTING FROM THE ACTIVITIES OF THESE THIRD PARTY ANALYTICS TOOLS AND SERVICES PROVIDERS AND/OR THEIR USE OF ANY INFORMATION COLLECTED BY THE TOOLS AND SERVICES. 

8. REGISTRATION. Certain Applications are intended for use with specific services and products provided by us. You may be required to register with us to access and use the Applications with our products. You will need some form of log-in credential authorized by us, such as a username or authorized e-mail address (“User ID”), so that you can access your account. You must agree to abide by the terms and conditions that apply to your use of your User ID that you elect to use with the Applications, and it is your sole responsibility to maintain the confidentiality of any User ID, password or log in credentials. 

9. ACCESS. You must provide at your own expense the equipment, Internet connections and wireless devices or wireless services to access and use the Applications and the products associated with such Applications. We do not guarantee that the Applications will work with all wireless devices or wireless service plans, at all times, or in all geographic locations. You acknowledge that the Applications may provide features that include messaging, status updates, posts, alerts, reminders, updates, preferences, and location. You authorize us to communicate with you regarding the Applications using SMS, MMS, text message, push notifications, or other electronic means to your wireless device. You acknowledge and agree that information about your usage of the Applications and the type of device you are using may be communicated to us by third parties, including without limitation your wireless carrier. We may use this information to notify you concerning the types of features and products from the Applications that may be available to you on your device. Certain features of the Applications may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however, we will not use that number for telemarketing. Some wireless carriers in the USA and other jurisdictions may be required to operate a system that will pinpoint the physical location of devices that use their service, we may automatically receive this information and you consent to any such disclosure. 

If you elect to use certain location or pinpoint based services (such as GPS assisted navigation instruction), in order for us to provide location-based services to you, you authorize us to: (a) locate your hardware; (b) record, compile and display your location; and (c) publish your location to third parties designated by you by means of location publication controls available within the Applications (e.g., settings, user preferences). As part of the Applications, we may also collect and store certain information about our users, such as, users' wireless mobile subscriber ISDN and/or IMEI numbers (as applicable) and users' network access identifier information. This information will be used to provide you the services accessed through the Applications. We may use third party providers to help provide services and such providers may use the information in accordance with our Privacy Policy. Certain Applications and operating systems may allow you to adjust your privacy settings; please review any information or FAQ area that accompanies such applications and operating systems for more details and instructions. 

10. YOUR RESPONSIBILITIES. You are responsible for: 

(i) All activities that occur as a result of the use of the Applications through your User ID and devices; and 

(ii) Complying with this Agreement and with any and all applicable laws. 

In addition, you agree that you will not submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein. You agree that you will not use the Applications to: (a) publish falsehoods or misrepresentations that could damage us or any third party, (b) engage in any activity, including submitting Content, that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or which is or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, or (c) post advertisements or solicitations of business, or Content intended to provide professional advice directed to any user on any Applications, including without limitation, providing medical treatment, legal or personalized investment advice. You may not use the Applications to solicit or offer to buy or sell any securities or other financial instruments, or recommend any particular security, portfolio of securities, transaction or investment strategy. 

11. SUGGESTIONS. You agree that we may, without limitation, or attribution and for no compensation, use in any manner all comments, suggestions, complaints and other feedback you provide relating to the Applications. 

12. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Applications only for lawful purposes, that you will not violate the rights of others or the terms of this Agreement. In connection with the Content you Post, you represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content, and you have the written consent, release and/or permission of each and every identifiable individual person in such Content to use the name or likeness of each and every such person, to enable inclusion and use of such Content in the manner contemplated by us and this Agreement. 

13. AUTOMATED UPDATES AND SUPPORT. We may, but we are under no obligation to, provide updates, patches and fixes (collectively, “Updates”). You agree that you are not entitled to any support, telephone assistance, corrections, Updates, upgrades, bug fixes and/or enhancements of the Applications from us or our distributors. 

14. PERFORMANCE AND USAGE INFORMATION. 

i. TECHNICAL INFORMATION. Most Applications are configured to report back information automatically relating to your mobile phone or other wireless device errors arising in connection with use of the Applications, without notice to you. Information on your Applications’ configuration settings may be included. We use this data to diagnose and improve the Applications. The Applications may also provide us with anonymous information about use of the Applications’ features. We use this information in the aggregate to improve the Applications and determine which Application features and buttons are most popular and useful to its users. 

ii. PERSONALIZATION. You may be asked to provide us with certain information so that we can personalize content presented to you through the Applications. For example, you may be asked for your postal code, which could be used to provide you with relevant local weather and/or news reports. 

15. TERMINATION. This Agreement automatically terminates if you fail to comply with any of its terms. We may terminate this Agreement at any time in our sole discretion, or cease to make the Applications, or any aspects, available for your continued use. You may discontinue use of the Applications at your discretion. Upon termination, you must stop all use of the Applications and must destroy all copies of the Applications that are in your possession. All provisions of this Agreement, except for the license grant in Section 3 above, survive the termination of this Agreement. 

16. INJUNCTIVE RELIEF. You agree that your breach or threatened breach of this Agreement will cause us irreparable injury for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under this Agreement in addition to any and all other remedies available to us at law or in equity. 

17. DISCLAIMER OF WARRANTY. WE, OUR LICENSORS, SUPPLIERS, PARTNERS AND DISTRIBUTORS PROVIDE THE APPLICATIONS AND CONTENT “AS IS” AND WITH ALL FAULTS AND DO NOT WARRANT THAT THE APPLICATIONS AND CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE. WE, OUR LICENSORS, SUPPLIERS, PARTNERS AND DISTRIBUTORS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, NON-INFRINGEMENT OR ACCURACY, WITH RESPECT TO THE APPLICATION OR THE CONTENT. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE, THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS APPLICATION OR ANY CONTENT PROVIDED BY THIRD PARTY SERVICES INCORPORATED IN OR ACCESSIBLE THROUGH THE APPLICATION AND SUCH CONTENT IS SUPPLIED FOR YOUR REFERENCE ONLY. ALTHOUGH WE TAKE REASONABLE EFFORTS TO ENSURE AGAINST THE INTRODUCTION OF VIRUSES, WORMS AND OTHER MALICIOUS CODE, WE DO NOT GUARANTEE OR WARRANT THAT THE APPLICATION AND CONTENT DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE OUR LICENSORS, SUPPLIERS, PARTNERS AND DISTRIBUTORS ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. THE ENTIRE RISK FROM YOUR USE OF THE APPLICATION AND CONTENT, AND ANY RELIANCE ON THE SAME, AND AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, EFFORT, AND COST OF ANY SERVICE AND REPAIR, IS SOLELY WITH YOU. 

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WE, OUR SUPPLIERS, PARTNERS, AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATIONS. 

IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE APPLICATIONS FROM US OR OUR AUTHORIZED DISTRIBUTOR. 

Neither Nasdaq nor any of its affiliates makes any recommendation to buy or sell any security or any representation about the financial condition of any company. Nothing contained herein should be construed as investment advice, either on behalf of a particular security or an overall investment strategy. Past performance is not indicative of future results. Investors should undertake their own due diligence and carefully evaluate companies before investing. ADVICE FROM A SECURITIES PROFESSIONAL IS STRONGLY ADVISED. 

18. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY CORPORATE PARENT, SUCCESSORS, AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR DISTRIBUTORS (COLLECTIVELY, THE "CORPORATIONS") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, THE CONTENT, OR THE USE OF OR INABILITY TO USE THE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, MOBILE PHONE OR OTHER WIRELESS DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR ENTIRE COLLECTIVE LIABILITY SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THE APPLICATION (IF ANY), AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, THE CORPORATIONS ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT POSTED BY YOU, ANY OTHER USER OF THE APPLICATION, OR A THIRD PARTY SERVICE THAT IS INCORPORATED INTO OR ACCESSED THROUGH THE APPLICATIONS. 

19. IMPORT/EXPORT CONTROL. The Applications may be subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from us, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. 

20. HIGH RISK ACTIVITIES. The Applications are not fault-tolerant and are not designed, manufactured or intended for use in environments in which their failure could lead to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, WE AND OUR SUPPLIERS, LICENSORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE CORPORATIONS WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE APPLICATIONS IN SUCH HIGH RISK ACTIVITIES. 

21. U.S. GOVERNMENT END-USERS. The Applications are a "commercial item," as that term is defined in 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. § 12.212 (Sept. 1995) and 48 C.F.R. § 227.7202 (June 1995). Consistent with 48 C.F.R. § 12.212, 48 C.F.R. § 27.405(b) (2) (June 1998) and 48 C.F.R. § 227.7202, all U.S. Government End Users acquire the Applications with only those rights as described in this License. 

22. ELECTRONIC NOTICES. YOU AUTHORIZE US TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE APPLICATIONS (“NOTICES”) IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEB OR MOBILE PAGE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications. 

23. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, suppliers and agents and distributors from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Applications. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

24. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the laws of the State of New York govern this Agreement and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. 

25. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us. 

26. GENERAL TERMS. (i) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (ii) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or we may at our option terminate this Agreement. (iii) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (iv) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (v) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity in our sole discretion and without notice to you. (vi) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (vii) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. 

27. CONTACT INFORMATION. Nasdaq is the developer of the Applications, and its address is [ADDRESS]. You can contact Nasdaq at [PHONE] or [EMAIL]. 

28. USERS OUTSIDE THE U.S. If you are using the Applications outside the U.S., then the provisions of this Section shall apply: (i) Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Applications, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; and (iii) if the laws applicable to your use of the Applications would prohibit the enforceability of this Agreement, or impose any additional burdens on Nasdaq, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the Applications and you agree to remove it from your mobile phone or other wireless device. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties. 

Updated October 5, 2015  

APPENDIX 1 

SUPPLEMENTAL TERMS 

1. For iOS platform. 

Licensed Application End User License Agreement (“Standard EULA”), published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/), which is incorporated into this Agreement by reference, whereas for the purposes of this EULA, the “Application” is considered the “Licensed Application” as defined in the Standard EULA and “Outfit7” is considered the “Licensor” as defined in the Standard EULA. You acknowledge that You have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS. Nasdaq and You acknowledge that the Agreement is entered into by and between Nasdaq and You and not with Apple, Inc. Notwithstanding the previously stated, You acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. Nasdaq is solely responsible for the Application and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of any Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant Application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liability, damages, costs, or expenses attributable to any failure to conform to any warranty. 

2. Android. The Market “Terms of Service” (located online at https://play.google.com/store) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market-policies.html), if You are downloading the Application from the Google Play, are incorporated into this Agreement by reference. 

3. Windows Platform. By downloading the Application from the Windows Phone Store (located online at http://www.windowsphone.com/en-us/store/overview) or Windows Store (located online at http://windows.microsoft.com/en-us/windows-8/apps-windows-store-tutorial), You acknowledge that You have reviewed and accepted the Windows Phone Store/Marketplace “Terms of Use” (located online at http://www.windowsphone.com/en-us/store/terms-of-service) or Windows Store/Marketplace (located online at http://www.microsoftstore.com/store/msusa/en_US/DisplayTermsOfUseAndSalePage/ ) and Microsoft Services Agreement which governs the use of your Microsoft account (located online at http://windows.microsoft.com/en-us/windows-live/microsoft-services-agreement). If You download the Application from any other online market for software applications that operate on devices powered by the Windows Phone operating system v. 8.0, v. 8.1 or by Windows operating system 8.1 or RT 8.1 and any newer version if applicable, You acknowledge that You have reviewed and accepted the terms of service applicable to such market. The Agreement is entered into by and between Nasdaq and You and not with Microsoft Corporation. Notwithstanding the previously stated, You acknowledge that Microsoft Corporation and its subsidiaries are third-party beneficiaries of this Agreement and that Microsoft Corporation has the right (and is deemed to have accepted the right) to enforce this Agreement. 

4. Other Online Markets. If You download the Application from any other online market for software applications that operate on devices powered by the operating system not expressly stated herein, you acknowledge that You have reviewed and accepted the terms of service applicable to such market. 

5. Additional Terms. Reserved. 

Updated October 5, 2015