Taiwan Futures Exchange Corporation On-line Purchase Terms for the E-Data Shop

These Terms are adopted for the purposes of governing and protecting the rights and interests of Taiwan Futures Exchange Corporation (TAIFEX) and all users ("Applicant") submitting data purchase requests to TAIFEX's E-Data Shop for the provision of relevant futures information in electronic form ("E-Shop"). Applicant is urged to carefully read the terms below.

1.         Data Authenticity and Security

           i.                Applicant shall ensure and guarantee to provide identity data that is factually accurate. TAIFEX may keep relevant data, and the data provided by Applicant will be used as the basis for determination.

         ii.                Applicant agrees that TAIFEX has the right and is authorized to access or provide Applicant's data to relevant competent authorities:

(1) in accordance with the requirement of any applicable law or regulation or the order of any judicial authority or other authorized agency;

(2) for the purposes of enforcing these Purchase Terms or in case of Applicant's violation of these Purchase Terms; or

(3) for the purposes of maintaining the proper operation and security of TAIFEX's systems.

2.   Intellectual Property Rights

TAIFEX owns the copyrights, trademark rights, trade secrets, and other relevant intellectual property rights in and to the relevant databases, information products, and all content on the Website, including text, graphics, application screens, and data compilations.

3.   Purchase Requests

           i.                When Applicant submits a purchase request to TAIFEX, after TAIFEX delivers the purchased data to Applicant, Applicant may not request a refund due to any error in item, interval, or range of data made in the process of completing the request or due to any mismatch or discrepancy of data.

         ii.                TAIFEX reserves the right to agree or disagree to any purchase transaction and does not warrant that the content of any information product is fit for use for the particular purpose for which Applicant makes the purchase.

      iii.                Applicant agrees that all transactions conducted on the E-Shop shall be based on the electronic transaction data in TAIFEX's records. Upon completion of a transaction, Applicant shall immediately review the relevant transaction data and, upon discovering any inaccuracy in TAIFEX's transaction data records, immediately notify TAIFEX so that the issue can be clarified or resolved between Applicant and TAIFEX; if a dispute remains, Applicant agrees that TAIFEX's electronic transaction data shall be used as the basis for determination.

4.   Payment

Applicant agrees to purchase information products at the prices specified on the product price list and pay fees by the method(s) of payment specified by TAIFEX. TAIFEX will provide Applicant with the relevant data only after receiving the payment.

5.   Use Restrictions

           i.                The data purchased by Applicant can only be used, in the case of a natural person, by Applicant him- or herself or, in the case of a juristic person, for Applicant's internal business purposes. Without TAIFEX's authorization and consent, Applicant may not reproduce, transmit, distribute, or transfer the purchased information product or data content to any third party in any form. In case of violation, TAIFEX will pursue legal action in accordance with law.

         ii.                When Applicant, with TAIFEX's authorization and consent, transmits the purchased information product or data content to Applicant's data subscribers, in addition to disclosing the notice "Source of information: Taiwan Futures Exchange" as required per TAIFEX's instruction, Applicant shall guarantee that the data subscribers may not further transmit such data content to any third party and, in case of a data subscriber's violation of any of the above provisions, Applicant shall immediately notify TAIFEX and shall simultaneously terminate the relevant agreement between Applicant and the data subscriber.

      iii.                Without TAIFEX's prior written consent, Applicant may not draw samples from the purchased product for compiling indices or other derivative products.

       iv.                In case of violation of any provision of paragraphs i to iii of this article, Applicant agrees to pay to TAIFEX an amount of NT$200,000 as penalty for breach of contract. If the violation causes damage to TAIFEX, TAIFEX will claim payment of damages therefor.

6.   Liability

           i.                TAIFEX will not be liable for any damages arising from any loss caused to Applicant due to any use of data (including any incurred damage or lost profit).

         ii.                TAIFEX has used all efforts to maintain the accuracy and completeness of product content, but it does not warrant the accuracy or completeness of any provided product content, nor does it warrant the fitness of the content for use for any particular purpose.

      iii.                Applicant may, either before or after a purchase, enquire with TAIFEX for details on the relevant software, hardware, and other devices required for the receipt or download of the product from the E-Shop and shall, on Applicant's own, ensure to have the required software, hardware, and other devices in place. If the product is unable to be received or downloaded due to incompatibility or malfunction of any such devices, Applicant shall be solely responsible for adjustment and handling relevant issues. Applicant may not cancel a purchase due to the inability to receive or download the product.

       iv.                If any disruption, delay, or omission occurs in the transmission of a product due to any network disruption, computer or system malfunction, power outage, or any force majeure event, TAIFEX will not be liable to pay damages for any damage or lost profit incurred by Applicant.

         v.                TAIFEX reserves the right to change product content and format. Applicant shall unconditionally agree to accept any such change.

7.   Termination of Contract

           i.                TAIFEX may terminate any transaction, in whole or in part, on the E-Shop due to any legal or regulatory amendment, policy change, corporate business need, or any other cause not attributable to TAIFEX. Applicant agrees that TAIFEX may terminate this Contract with immediate effect upon notice to Applicant without any liability for damages to Applicant or any third party.

         ii.                Under the circumstance stated in the preceding paragraph, TAIFEX will return, on a pro-rata basis and without interest, the portion of Applicant's payment with respect to which TAIFEX has not provided the purchased information.

8.   Governing Law and Jurisdiction

Any question, dispute, or difference between the two parties arising out of or in connection with a data purchase hereunder shall be resolved by the two parties in good faith. In case litigation is required, the two parties agree that the Taiwan Taipei District Court shall be the court of venue and jurisdiction in the first instance.

9.   Language

These Terms are made in Chinese and English. In case of any discrepancy of meaning between the Chinese and English texts, the Chinese version shall prevail.