Subscribe :: TradeVizion

TradeVizion END USER License Agreement

To see a our Privacy policy, please go to:
http://www.trade-vizion.com

This TradeVizion software ("Software") is owned by Corporate Vision Asia Co., Ltd. ("CVA"). CVA hereby grants to the user a temporary, non-exclusive license to use this Software. Users who re-distribute this software may not modify it in any way and must indicate the copyright belonging to CVA. Further, the user shall not disassemble, reverse engineer, modify, decompile, or otherwise abuse the intended purpose under this License Agreement.

This Software is provided to the user "AS IS." CVA assumes no risk if this Software does not function properly or operate error free and CVA makes no warranties, either expressed or implied, with respect to the Software and/or associated materials provided to the user, including but not limited to any warranty of merchantability or fitness for a particular purpose. Further, CVA shall not be liable for any claims or damages whatsoever, including property damage, personal injury, intellectual property infringement, loss of profits, or interruption of business, or for any special, consequential or incidental damages, however caused, whether arising out of breach of warranty, contract, tort (including negligence), strict liability, or otherwise.

The user is solely responsible for following the agreements with the Web sites to which this Software can connect and CVA is not liable for any damages that result from the user misusing these sites.

CVA reserves the right at any time to change prices, specifications, features, licensing terms, release dates, general availability or other characteristics of the commercial release without further notification to the user.

This Agreement is governed by the laws of the Kingdom Of Thailand. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete statement of the agreement and supersedes any proposal or prior communications between CVA and the user relating to the subject matter of this Agreement. If you have any questions regarding this Agreement, please contact CVA at the address shown below:

Internet: support@trade-vizion.com

Corporate Vision Asia Co., Ltd.
2 ,22th floor Room 2205
Silom Center Bldg, Silom Road,
Suriyawong, Bangkok 10500
Thailand

Standard Terms and Conditions

1. SERVICE

(A) The Service

The Company shall supply to Subscriber, at the Installation Address set forth in the Schedule, the
Services listed in Section A of the Schedule (collectively the Service) for the respective monthly
fees set forth in Sections A(1), A(2) and A(3) , together with the Equipment and Communication
Services listed in Sections B and C, for the respective monthly fees set forth in Sections B and C,
in each case, subject to all terms and conditions of this Agreement. The Service includes the
proprietary computer programs provided to Subscriber under this Agreement to enable Subscriber to
receive and display the Service, including all updates, upgrades, enhancements, modifications,
changes, alterations, edits, conversions, improvements, replacements, or the like, if any, which are
provided to Subscriber by and at the discretion of the Company, in machine readable form, and related
documentation and materials provided for use in connection with the Service, and all copies and
translations of such computer programs, documentation and supporting materials, regardless of the
form or media of expression or storage (collectively, the “Software”). The parties agree that
this Agreement is not a lease of any real property nor a contract for service, maintenance or repair
to or for any real or personal property.

(B) Subscriber Additions

Subscriber may request access to information from third party providers of information
(“Information Providers”) in addition to those originally provided and request access to the Service
for additional Subscriber users. Any additions of users or agreed Information Providers, including
additions pursuant to any audit, shall become part of the Service, subject to all terms and
conditions of this Agreement for the duration of this Agreement, and shall result in an increase in
Subscriber’s monthly charges in accordance with the Company's fees and charges then in effect.
In a digital feed environment, Subscriber may not decrease the number of users such that the number
of monthly user fees payable to the Company during the term of this Agreement would fall below the
greater of (i) 80% of the greatest number of user fees to be paid to the Company for any month
during the term of this Agreement or (ii) the users fees payable upon commencement of this Agreement.

The Company may modify or change the terms and conditions of the Service or the Agreement at any time
after the Initial Term of this Agreement by giving Subscriber at least 30 days notice of such
modifications or changes; provided, however, if Subscriber does not agree to any such change,
Subscriber may terminate this Agreement by giving written notice to the Company within 20 days of
Subscriber’s receipt of such notice and the Service and this Agreement shall terminate on the
effective date of such termination unless the change is withdrawn by the Company. Notwithstanding
the foregoing, the Company may, at any time, without notice, modify the appearance of screen displays
generated by the Service, replace the Service, or make other changes in the Service; provided such
modifications, replacements or changes do not significantly affect the selection or content of the
information furnished via the Service. In addition to the changes permitted above, the Company may
modify or discontinue any part of the Service or change the terms upon which the Service is provided
to Subscriber without notice whenever such modification, discontinuation, or change is directed by a
third party provider or whenever the agreement between the Company and such third party provider
pursuant to which the Company receives services is terminated; provided that if such modification or
discontinuance or change substantially frustrates Subscriber’s purpose in entering into this
Agreement, Subscriber may terminate this Agreement on 30 days’ prior written notice to the Company.

2. EQUIPMENT

The machines, hardware and other supplemental equipment listed in Section B of the Schedule are
required at subscriber’s location for Subscriber to receive the Service from the Company. Any
equipment provided by the Company is Company Equipment and any source server equipment and equipment
provided by Subscriber is Subscriber Equipment. The Company Equipment and Subscriber Equipment shall
be collectively referred to as the Equipment. Company Equipment shall include updates, enhancements
and replacements, and related documentation and materials provided for use in connection therewith
at the discretion of the Company. Any Equipment malfunctions shall not entitle Subscriber to any
abatement or reduction of the monthly fees hereunder.

(A) Company Equipment

The Company agrees to provide to Subscriber the Company Equipment listed in Section B of the Schedule
for the monthly fee set forth. All Company Equipment shall remain items of personal property owned
by the Company or its third party provider, notwithstanding any attachment to other equipment,
structures or real property, and Subscriber shall not permit any liens or encumbrances against the
Company Equipment. Subscriber shall not make or permit any change, alteration, addition,
modification or connection to the Company Equipment, install any software upon the Company
Equipment, nor remove any Company Equipment from the place of original installation by the Company.
Upon expiration or termination of this Agreement for any reason, Subscriber shall promptly make the
Company Equipment available for return to the Company in its original condition, ordinary wear and
tear excepted. Subscriber shall use the Company Equipment solely and exclusively in connection with
the Service and shall be responsible for and shall reimburse the Company and indemnify and hold the
Company harmless for all loss of or damage to or caused by the Company Equipment, or in connection
with its installation, removal, maintenance or repair, unless such damage is due to the negligence of
the Company. Subscriber shall bear the risk of loss, theft or destruction of the Company Equipment
after the Company Equipment is delivered to Subscriber.

(B) Other Equipment

All Subscriber Equipment must be approved by the Company and be compatible with the Company Equipment
at all times. Subscriber acknowledges that the Company cannot and does not guarantee the
compatibility of the Service with Subscriber Equipment.

Subscriber shall provide, at Subscriber’s sole expense, all necessary connections, cables, paper and
other supplies of standard grade for operation of the Equipment.

3. SOFTWARE LICENSE

(A) License

In conjunction with the Service provided by the Company to Subscriber hereunder, the Company hereby
grants Subscriber a non-transferable, non-exclusive license (the “License”) to use the Service and
the Software only for so long as this Agreement is in effect, subject to the terms and conditions set
forth herein. The Software is licensed "as is" and "with all faults. The Company will deliver to
Subscriber and install one copy of the Software. The Software shall be used solely and exclusively
in connection with the Service. Each license granted hereby shall entitle Subscriber to install
and/or use the corresponding Software only on a single authorized workstation or terminal, or, in
the case of server software, on designated network servers. The License shall terminate upon
expiration or termination of this Agreement for any reason.

(B) No Copies or Sublicenses

Subscriber shall not copy, modify, duplicate, sublicense or otherwise transfer the Software, or any
part thereof, except for one permitted copy of the Software for use on the Equipment and for archive
or emergency backup purposes, and Subscriber shall maintain appropriate records of the number and
location of all such permitted copies and shall make copies and records available to the Company upon
request. Subscriber shall not attempt or permit others to attempt to copy, modify, adapt,
translate, convert to another programming language, decompile, reverse compile, disassemble or
reverse engineer the Software, in whole or in part, for any purpose.

Subscriber agrees that the provisions of this Paragraph 3 and the other provisions of this Agreement
relating to Software will inure to the benefit of any third party provider of Software, and agrees to
indemnify and hold the Company and any such third party provider harmless from and against any and
all liabilities, damages, awards, claims, losses and expenses (including attorneys fees and expenses)
arising out of Subscriber’s breach of this Paragraph 3 or any other provision in this Agreement
relating to the Software.

4. BILLING

(A) Invoicing

Monthly fees for each Service and for Equipment and Communications charges will accrue from the
applicable Installation Date. The Company will bill Subscriber quarterly in advance and Subscriber
agrees to pay such invoice upon receipt, except that the first payment for any monthly fees for a
Service (and related Equipment and Communication charges) and any applicable one time charges shall
be due and payable on the applicable Installation Date. Charges for any fractional month will be
prorated. Fees for additional charges such as for support outside standard hours will be invoiced
by the Company and payable upon receipt. All payments not received by the 25th day of the month to
which they apply shall be subject to a late payment charge from such date until paid at a rate equal
to the lesser of the maximum rate permitted under applicable law or 18% per annum.

(B) Taxes

Subscriber shall pay all sales, use, privilege, excise, property and other taxes, assessments or
governmental charges, however designated, now or hereafter imposed with respect to any item or
payment described in the Schedule, which amounts will be added to Subscriber's invoice. Any such
taxes, assessments or governmental charges in connection with installation charges or security
charges will be added to Subscriber's invoice.

The Company may increase the monthly fees if at any time any of the following occurs: (A) the
Company's cost of providing the Service is increased because of (1) higher charges to the Company
from common carriers or others providing transmission facilities, (2) loss of other customers sharing
the cost of transmitting to Subscriber’s location or (3) lower cost transmission facilities no
longer being available to the Company; or, (B) exchanges and third party providers supplying
information or data to the Company increase their charges; or, (C) any sales, use, privilege, excise,
property or other taxes, assessments or governmental charges, however designated, are imposed or
increased, or (D) additional or increased charges by third party providers of (1) installation,
relocation and removal services, (2) Software and Equipment, and (3) maintenance and support
services. The Company will notify Subscriber of any of the foregoing events and the resulting
change in charge and will include the revised charge in the next invoice for the Services.
The Company may increase the fees stated in Sections A, B, and C of the Schedule at the end of any
term of this Agreement by providing 60 days written notice.

(D) No Deductions

No deduction, whether by way of set-off or cross-claim or for any other reason, shall be made from
amounts payable under the Agreement.

(E) Insurance

Subscriber undertakes, at its own expense, to keep the Equipment and Software insured against all
risks. Subscriber shall be responsible for all loss or theft of or damage to the Equipment and
Software and shall pay the Company the full replacement cost of such Equipment and Software unless
such loss, theft or damage is due entirely to the fault or negligence of the Company.

5. USE OF THE SERVICES

(A) Permitted use

Subscriber shall use the Service, any Company Equipment and any Software solely and exclusively for
its own internal business purposes at the location(s) listed in the Schedule. Without limiting the
generality of the foregoing, Subscriber shall not directly or indirectly sell, transfer, lease,
redistribute, transmit, retransmit, modify, manipulate, copy, broadcast, download or otherwise
provide or disseminate the Service or the Software or any part of either of them or any information
or data included therein, or derived therefrom in any form or by any means (including without
limitation by making hard copies or by electronic transfer) to any other person or entity (including
without limitation Subscriber’s customers and non-authorized employees within Subscriber’s
organization), in each case, without the consent of the Company and, where necessary, the relevant
Information Provider or third party supplier of Software. Further, Subscriber shall not download
the Service, any Software or any part of either of them to Subscriber’s or any third party's
facilities, or network with Subscriber’s or any third party’s facilities to enable any sharing of
the Service, any Software, or any part of either of them, or any data included or derived therefrom.
Subscriber agrees that it will not make unreasonable computer-generated inquiries of the Service.

(B) Access

At all times Subscriber shall remain responsible for access to and use of the Services and
undertakes:

(i) to take all necessary steps to ensure that only competent and responsible persons have the
necessary authority or capacity to access the Services; and

(ii) to effect and maintain adequate security measures to safeguard the Equipment, Software, Services
and related documentation, internet or intranet access (including the log in and passwords allocated
by the Company) from access or use by any third party or unauthorized employees or agents of
Subscriber and to prevent any copies or disclosures thereof in violation of this Agreement.

Subscriber agrees to maintain at all times, on a current basis, a list of all workstations, displays
and terminals in its network capable of accessing the Services directly or indirectly, or information
derived from the Services, and to provide a full, complete and current copy of such list on the
Company’s request.

(D) Reporting; Honesty Statements

For internal and permitted external purposes Subscriber will provide, at a rate no less often than
once each quarter, user and usage details with regard to their use of the Services and Software
(including the effective dates of any changes). These details will be used confidentially by the
Company except to the extent required for the provision of detailed usage to exchanges, Information
Providers or other third persons for the purpose of satisfying various source reporting requirements
imposed by exchanges, Information Providers or other third persons. In addition, upon the Company’s
request, Subscriber will promptly complete and return an honesty statement and\or description
concerning the display and use of the Services or information obtained or derived from the Services,
signed by an authorized member of Subscriber’s staff. The Company reserves the right to increase the
fees for the Services or amounts due to Information Providers based on the statements and
descriptions provided for in this Clause (d) (including any applicable retroactive adjustments).

(E) Unauthorized Use; Compliance with Laws

Subscriber shall notify the Company immediately if it becomes aware of any unauthorized use of the
Service, Software, Equipment, and/or data or information transmitted via the Service. Subscriber
agrees that its use of the Service will be in compliance with all applicable laws and regulations,
and that it will not use, or knowingly allow any other person to use, the Service for, or in
connection with, any defamatory or illegal purpose or activity.

(F) Storage

Neither Subscriber (nor any authorized user) may store the Service in any systematic manner during
the term it is subscribing to the relevant Service. Unless otherwise agreed in writing, Subscriber
must destroy all stored content and all copies thereof upon cancellation of the relevant Service, or
termination or expiration of this Agreement; provided Subscriber may continue to store such content
for such period as required to comply with any applicable law or regulation.

(G) No modifications

The Equipment, Software, infrastructure and communication lines supplied or used in connection with
the Services may not be modified or interfaced with any other equipment, communication lines,
computer programs or facilities without the Company’s prior written consent. The Services may only
be used at the locations permitted by the Agreement.

6. INSTALLATION

(A) Installation Site

Subscriber shall prepare, provide and maintain the site where Equipment will be located and where
the Service will be received (the “Installation Site”), in a manner that complies with the Company's
and Equipment manufacturer’s specifications, and the Company shall not be required to install any
Equipment or Software or provide any Service or Maintenance (as defined herein) unless all Equipment
and the Installation Site comply with the Company’s specifications and are approved by the Company.
Subscriber is responsible for obtaining all local permits.

(B) Site Preparation and Maintenance

Subscriber shall be responsible for, and shall bear all costs of, Installation Site preparation and
maintenance, including without limitation adequate space, furniture, electrical power, circuits,
power outlets, temperature controls, telephone circuits. Further Subscriber shall be responsible
for the installation of any necessary cable required to complete installation of the Equipment,
including without limitation running cable through or securing cable to walls, conduit, baseboards
or any other portion of the Installation Site. Cable installation must be completed prior to any
installation of Equipment. Subscriber shall be solely responsible for obtaining any permits,
permission or consents required by landlords, government authority, carriers, or other parties for
the installation of Equipment (including without limitation running cable and installing satellite
receiving equipment) and the Service. Subscriber shall maintain the Installation Site as a suitable
Installation Site throughout the term of this Agreement.

After a suitable Installation Site is available, the Company shall install or cause to be installed
any Company Equipment and any associated Software. The Company shall have no duty to repair any
holes or cuts in any surfaces upon removal of any Equipment.

(D) Backup

If required by the Company, Subscriber shall install, pay for and maintain a backup data line to be
used in the event the data line to the Equipment is subject to interruption, noise or any other
problems not permitting, in the Company’s opinion, the Equipment or Software to function properly.

(E) Installation Date

The Installation Date for a Service shall be the earlier of: (a) the date when that Service is
installed and operational at Subscriber’s designated location; and (b) the company or its designee
determines that the Company Equipment and any Software is available to Subscriber. The Company will
notify Subscriber when any Company Equipment and Software and the Service is available to the
Subscriber.

7. MAINTENANCE

In order to protect the quality and integrity of the Company’s systems and Service, Subscriber agrees
that during the term of this Agreement, the Company shall exclusively provide or cause to be
provided the service and maintenance as described herein (“Maintenance”) for all Company Equipment
and any Software installed pursuant to this Agreement.

(A) Company Equipment

The Company or its designee shall make all necessary adjustments and repairs to keep the Company
Equipment in good operating condition during regular business hours (8:00 a.m. to 5:00 p.m. Monday
through Friday, Eastern time, excluding holidays observed by the Company) and in accordance with the
Company’s specifications then in effect. The Company’s representatives shall have full access to the
Company Equipment in order to effect the necessary adjustments and repairs. The Company shall
determine preventive maintenance service required for the Company Equipment. All remedial
maintenance service shall be provided during regular business hours within a reasonable time after
Subscriber notifies the Company in accordance with the Company’s reporting procedures that the
Company Equipment is inoperative. Subscriber shall provide adequate storage space for spare parts
and test equipment and adequate work space, heat, light, ventilation, electric current and outlets
for use by the Company’s maintenance representatives. All spare parts, test and maintenance
equipment, tools and documentation shall remain the Company’s property and may be removed by the
Company at any time. Parts removed from Company Equipment shall be the Company’s property.
Subscriber shall not move or relocate, or permit to be moved or relocated, any Company Equipment
without the Company’s prior written consent. Maintenance service does not include any of the
following: (i) providing supplies or equipment, (ii) maintenance of accessories, attachments,
machines or other devices not used in connection with receipt of the Service, (iii) performing
service connected with the relocation or reinstallation of the Company Equipment, or (iv) adding or
removing accessories, attachments and other devices. Any maintenance that, in the opinion of the
Company, results from other than normal operation of the Company Equipment, including without
limitation Subscriber’s fault or misuse of the Company Equipment or Subscriber’s failure to provide
the necessary facilities or specified operating supplies or to meet the Company’s specifications,
shall be invoiced to Subscriber as an additional charge. Maintenance under this Agreement is
contingent upon proper use of the Company Equipment and does not cover Company Equipment modified
without the Company’s approval or subjected to unusual physical or electrical stress, or on which
the original identification marks have been removed or altered. The Company shall not be responsible
to Subscriber for loss of use of the Company Equipment or for any other liabilities arising from
changes, alterations, additions, modifications, corrections, adjustments or repairs made to the
Company Equipment by other than authorized representatives of the Company.

(B) Other Equipment

All Subscriber Equipment shall be maintained and serviced by Subscriber at Subscriber’s cost in order
to keep it in good operating condition and in compliance with the Company’s specifications then in
effect for use in connection with receiving the Service. The Company shall have no duty to perform
any maintenance or repairs on Subscriber Equipment, but any maintenance or repairs by the Company or
its designee on Subscriber Equipment in order to make Subscriber Equipment comply with the Company’s
specifications shall be invoiced to Subscriber at the Company’s standard time and material charges.

The Company shall use reasonable efforts to maintain the Software in good working order. Subscriber
will notify the Company if it considers that the Equipment and/or Software is malfunctioning or
requires maintenance. The Company’s support staff will attend as soon as reasonably practical to
conduct the necessary maintenance during regular business hours excluding weekends and public
holidays. Software maintenance shall not entitle Subscriber to receive any enhancements or
improvements developed for the Software. Further, any modifications in the Software required as a
result of Subscriber requesting a change in the Service provided hereunder shall be performed by the
Company or its designee at Subscriber’s expense. Corrections for difficulties or defects traceable
to Subscriber’s errors, unauthorized modification of the Software by Subscriber or Subscriber systems
changes shall be invoiced to Subscriber at the Company’s standard time and material charges.

(D) Replacement of Equipment and Software

The Company may, at any time, upon notice, replace the Company Equipment and/ or Software with other
equipment and/or software (which shall then be deemed to form part of the Company Equipment or
Software, respectively), or replace the means of transmission of the Service with another means of
transmission. The Company will take reasonable steps to ensure that the services provided to the
Subscriber after replacement of the Company Equipment or Software, or replacement of the means of
the transmission, are substantially similar to the Service. The replacement notice will indicate
any change in charges for the Service as a result of the replacement, which change in charges will
commence upon replacement.

8. CONFIDENTIALITY

Subscriber acknowledges and agrees that the Service, any Software and any information and data
included therein or derived therefrom (except for any information and data distributed in a form
generally publicly available without charge) and the form, format, mode or method of compilation,
selection, configuration, presentation or expression thereof are the confidential, proprietary, and
trade secret property, information, products, process and data of the Company, including this
Agreement and its terms (the “Confidential Property”). Subscriber shall receive and maintain the
Confidential Property as a confidential disclosure and shall not disclose the Confidential Property
or any part thereof to any other person or entity (except employees of Subscriber with a need to know
and employees of the Company), or use or permit any use of the Confidential Property or any part
thereof or attempt to sell, assign, convey, lease, sub-license, commercially exploit, and/or
otherwise market or use, in any way or manner, except as herein expressly permitted, except as
follows: (I) with the Company’s prior written consent in each instance of disclosure or (II) if
Subscriber is required by law to disclose the Confidential Property, but only after prompt notice
to the Company, such that the Company has a reasonable opportunity to oppose or prevent a disclosure,
and only to the extent so required. Subscriber understands that the Company's rights in and to the
Confidential Property extend to the intellectual processes, procedures, apparatus, and to the
original works of authorship, expressions and articulations contained in the Software, Equipment,
documentation and related Information, and that no right, title or interest, except for the limited
use license set forth herein, is conveyed or transferred to Subscriber in any way or manner by this
Agreement or in or by any schedule or addenda hereto.

9. INTELLECTUAL PROPERTY

To the fullest extent permitted or available under applicable law, the Company hereby asserts and
claims, and Subscriber hereby recognizes and acknowledges the Company's (or its applicable third
party provider’s) ownership of all right, title and interest in and to the Confidential Property,
the Service, the Software, the Company Equipment, and all documents and information related thereto,
and any and all copyright, patent, trademark, service mark and confidential proprietary and trade
secret information and rights related thereto. Subscriber shall not remove from, alter, modify or
deface any copyright notice, trademark, service mark, logo, name, decal or imprint affixed to or on
the Service, the Software, related documentation, and/or information including, but not limited to,
those which identify the Company or any other party as the source of origin of such goods, products,
Software, documentation and/or information. Subscriber shall not take any actions that indicate that
the Company is not the source of origin of the Software. Any goodwill generated through
Subscriber’s use of the Company’s name and trademarks shall inure solely to the benefit of the
Company. Except as permitted in this Agreement, Subscriber may not use the Company’s name or
trademarks without the Company’s prior written consent.

10. SECURITY DEPOSIT

As security for any Company Equipment, any Software and the performance of Subscriber’s duties and
obligations hereunder, Subscriber shall pay to the Company a security deposit in the amount set
forth in Section E of the Schedule, which amount must be paid in full prior to any installation of
Equipment. If all Company Equipment and Software has been returned to the Company as herein
required and Subscriber is not then in breach or default of any of its duties and obligations under
this Agreement, then the security deposit shall be returned to Subscriber upon written request after
the expiration or termination of this Agreement; otherwise, the Company may withhold all or any part
of the security deposit to the extent of its actual damages. The security deposit does not
constitute liquidated damages. The Company shall not be required to segregate the security deposit
from its own funds.

11. EXCHANGES AND THIRD PARTY PROVIDERS

(A) Subscriber's access to and use of an Information Provider’s information is
at all times subject to the continued consent of such Information Provider. Any Information Provider
may notify the Company that its information is not to be made available to Subscriber if it
considers that Subscriber has breached a term of an agreement in respect of such Information
Provider’s information or because it considers Subscriber to be a competitor. Subscriber
acknowledges that the Company is obliged to follow the instructions of Information Providers and
shall have no claim against the Company if any Information Provider’s data is withheld from
Subscriber.

(B) Subscriber acknowledges that it is responsible for
obtaining all required authorizations from Information Providers in connection with Subscriber’s
receipt of the Service. Subscriber acknowledges that the Company may be required to submit this
Agreement to one or more Information Providers for approval, and that an Information Provider may
disapprove of provision of its information to Subscriber via the Service and require the Company to
discontinue provision of such information to Subscriber. Subscriber agrees to pay or arrange for
payment of all subscriber fees, user fees and other charges imposed by the Information Providers,
and to comply with the terms of any agreement between it and any Information Providers, as such
agreement may be amended in accordance with its terms. Subscriber agrees to indemnify the Company
and hold the Company harmless from any and all losses, claims, liabilities, obligations, costs and
damages including reasonable attorney’s fees that may arise as a result of Subscriber’s failure to
obtain any necessary authorization, to provide for the payment of any required fee or to comply with
this Agreement or with an agreement with any Information Provider in connection with Subscriber’s
receipt and utilization of the Service. Subscriber acknowledges that Information Providers are third
party beneficiaries under this Agreement.

12. EXPRESS WARRANTIES; WARRANTIES LIMITED

(A) Express Warranties

The Company warrants to Subscriber that the Company (i) has the right to provide the Service to
Subscriber, (ii) has good title to any Company Equipment and any Software and (iii) will perform or
cause to be performed any installation of Company Equipment or Software and any Maintenance in a
workmanlike manner.

(B) Warranties Limited

EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH 12(A), (i) THE SERVICE AND THE DATA AND INFORMATION
INCLUDED THEREIN IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND NEITHER THE COMPANY NOR
ANY EXCHANGE OR INFORMATION PROVIDER OR SOFTWARE LICENSOR MAKES ANY WARRANTY, REPRESENTATION OR
GUARANTY AS TO THE SEQUENCE, ACCURACY, TRUTH, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY
QUOTATIONS FURNISHED HEREBY, MARKET INFORMATION OR OTHER INFORMATION OR DATA FURNISHED HEREUNDER OR
THAT ANY SUCH INFORMATION OR DATA DISSEMINATED MAY BE RELIED UPON FOR TRADING PURPOSES (SUBSCRIBER
SHALL INDEPENDENTLY DETERMINE MARKET PRICES FOR TRADING PURPOSES THROUGH ITS OWN CUSTOMARY TRADING
CHANNELS); (ii) THE COMPANY MAKES NO WARRANTY, REPRESENTATION OR GUARANTY, EITHER FOR ITSELF OR FOR
ANY THIRD PARTY VENDORS OR MANUFACTURERS REGARDING ANY EQUIPMENT (INCLUDING ANY COMPANY EQUIPMENT OR
SUBSCRIBER EQUIPMENT); (iii) NEITHER THE COMPANY NOR ANY SOFTWARE LICENSOR MAKES ANY WARRANTY,
REPRESENTATION OR GUARANTY THAT ANY SOFTWARE WILL MEET SUBSCRIBERS REQUIREMENTS OR THAT OPERATION OF
ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS CAN BE CORRECTED, AND (iv) THE
COMPANY MAKES NO WARRANTY, REPRESENTATION OR GUARANTY, EITHER FOR ITSELF OR FOR ANY THIRD PARTY
PROVIDER REGARDING ANY MAINTENANCE. THE WARRANTIES SET FORTH IN PARAGRAPH 12(A) ARE IN LIEU OF ANY
AND ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTIES, EXPRESS OR IMPLIED, AND ALL SUCH OTHER
WARRANTIES, REPRESENTATIONS, AND GUARANTIES ARE HEREBY DISCLAIMED WITH RESPECT TO THE SERVICE, THE
EQUIPMENT (INCLUDING ANY COMPANY EQUIPMENT AND SUBSCRIBER EQUIPMENT), ANY AND ALL SOFTWARE AND ANY
MAINTENANCE. ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY THE COMPANY, EACH INFORMATION PROVIDER AND OTHER
THIRD PARTY SUPPLIER. No employee, salesperson, vendor or other agent or purported agent of the
Company is authorized to make any warranties, representations or guaranties to the contrary of the
foregoing, and any such purported warranties, representations or guaranties shall not be relied upon
as having been given by or on behalf of the Company. Furthermore, Subscriber acknowledges that it is
the responsibility of Subscriber to verify any information upon which it or any of its associates
or clients expects to take actions with financial consequences.

13. LIABILITIES LIMITED

(A) Sole Remedies

Except as permitted by Paragraph 13(B) Subscriber’s sole and exclusive remedies against the Company,
any Information Provider or any other third party provider of equipment, software or services for
the Company (i) with respect to the Service and any quotations, market information and any other
information and data and any errors, inaccuracy, omissions or delay or transmission problems therein
or thereof, shall be limited to issuing corrected information and/or using reasonable efforts to
remedy any such delay or transmission problem, as applicable, in each case, as soon as reasonably
practicable following the Company’s receipt of written notice of such problem from Subscriber in
accordance with the Company’s reporting procedures, (ii) with respect to the Equipment, shall be
limited to providing maintenance in accordance with Paragraph 7(A), (iii) with respect to any
Software, shall be limited to providing maintenance in accordance with Paragraph 7(C) and using
reasonable efforts to correct any interruptions, errors or other problems with the Software.

(B) Damages Limited

If the Company fails to provide the remedies in Paragraph 13(A), or if the Company otherwise fails to
perform its duties and obligations under this Agreement, and Subscriber can establish that as a
direct result thereof Subscriber has incurred any damages, liabilities, losses, fees, costs or
expenses, then the liability of the Company, its affiliates, employees and agents to Subscriber for
actual damages for any cause whatsoever, during the term of the Agreement, whether in contract, tort
(including negligence), strict liability or otherwise, shall not exceed in the aggregate the lesser
of: (i) one month’s total monthly fees as set forth in Section D (or as then in effect) (exclusive
of Exchange Fees, Communication Charges, Installation Fees and any applicable sales tax); or (ii)
$1,000. FURTHER, IN NO EVENT SHALL THE COMPANY, ANY INFORMATION PROVIDER OR ANY OTHER THIRD PARTY
PROVIDER OF EQUIPMENT, SOFTWARE OR SERVICES FOR THE COMPANY BE LIABLE FOR ANY LOSS OF PROFIT OR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES SUSTAINED OR
INCURRED IN CONNECTION WITH THE SERVICE, THE EQUIPMENT, ANY SOFTWARE AND ANY MAINTENANCE PROVIDED OR
PERFORMED OR TO BE PROVIDED OR PERFORMED UNDER THIS AGREEMENT OR OTHERWISE ARISING UNDER THIS
AGREEMENT, REGARDLESS OF THE FORM OF THE ACTION AND WHETHER SUCH DAMAGES WERE FORESEEN OR UNFORESEEN
AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The parties acknowledge that this Agreement has been entered into as a commercial transaction and,
that since any proof of actual damages to Subscriber would be very difficult, imprecise and
inaccurate, the foregoing remedies and limitations on damages constitute fair, reasonable and
adequate remedies and limitations of any damage, liabilities, losses, fees, costs, and expenses
that may be incurred by Subscriber and further, that such remedies and limitations were reflected
in the pricing set forth on Schedule A.

14 INDEMNITY; SURVIVAL

Subscriber hereby indemnifies and agrees to defend and hold harmless the Company and its affiliates,
officers, employees and directors, or any Information Provider and any other third party provider of
equipment, software, information or services for the Company from and against any and all demands,
claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including
without limitation reasonable attorneys' fees and the costs of any investigation) directly or
indirectly arising from or in any way connected with (i) use of or reliance on the Service, any
Software or any quotations, market information or other information or data supplied or to be
supplied to Subscriber under this Agreement, (ii) any breach of or default under the terms or
conditions of this Agreement by Subscriber, (iii) the use or possession of any Equipment by
Subscriber or any third parties, (iv) any removal of Company Equipment by the Company as
permitted by this Agreement, and (v) any negligence, gross negligence or willful misconduct
by or on behalf of Subscriber or its employees or agents. Paragraphs 3, 8, 9, 11, 12, 13, 14, 15,
16 and 17, and any continuing or unfulfilled obligations of Subscriber hereunder, shall survive
expiration or termination of this Agreement for any reason.

15. TERM; AUTOMATIC RENEWAL

Unless otherwise specified, the initial term (“Initial Term”) of this Agreement shall commence on
the date on which the Service is first received by Subscriber and billed by the Company and shall
expire on the second anniversary of the last day of the calendar quarter in which the first billed
date occurred, subject to earlier termination by either party in accordance with this Agreement.
UNLESS EITHER PARTY GIVES THE OTHER PARTY WRITTEN NOTICE OF TERMINATION AT LEAST NINETY (90) DAYS
PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR ANY RENEWAL TERM, THEN UPON EXPIRATION OF THE THEN
EFFECTIVE TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR AN ADDITIONAL SUCCESSIVE TERM OF 12
MONTHS.

16. DEFAULT; TERMINATION

(A) Default by Subscriber

The occurrence of any of the following shall constitute a default by Subscriber under this Agreement:
(i) Subscriber’s failure to pay any sum of money due hereunder, (ii) Subscriber’s failure to fully
perform any of its other duties and obligation under this Agreement within 7 days after notice
thereof is given by the Company, (iii) if Subscriber shall dissolve, liquidate, become insolvent,
commit any act of bankruptcy, or become the subject of any proceeding under bankruptcy or other
similar laws for the protection of creditors or (iv) any substantial part of Subscriber’s assets
becomes subject to any levy, seizure, assignment or sale for the benefit of or by any creditor or
government agency. Upon the occurrence of any of the foregoing defaults by Subscriber, the Company
shall, in addition to all other rights available under applicable law, have the right (then or at any
time thereafter during the continuance of such default), at its sole option, to do all or any of the
following upon giving notice to Subscriber: (u) immediately terminate this Agreement and all
duties and obligation of the Company hereunder, (v) declare all amounts due and that would have been
payable to the Company for the remainder of the then-current term to be immediately due and payable
in full, (w) discontinue all Service to Subscriber and any maintenance, (x) take possession of or
remove any Company Equipment and any Software (and all copies thereof), wherever situated, and for
such purpose to enter upon premises without liability, (y) disconnect all power and data lines and
(z) sell, dispose of, hold, use or lease any or all of the Company Equipment and any Software and
apply the proceeds against any amount due. Subscriber shall pay and reimburse the Company for any
and all fees, costs and expenses (including without limitation reasonable attorneys' fees) incurred
in connection with exercising any of the foregoing rights and the collection of all amounts due
hereunder.

(B) Termination by Subscriber

If Subscriber terminates this Agreement or cancels any Service except as expressly permitted
hereunder, all amounts due and that would have been payable to the Company for the remainder of the
then-current term of the applicable service shall be immediately due and payable in full.

Promptly upon termination of this Agreement for any reason, Subscriber will: (a) pay all fees, taxes
and other charges owed through the time of termination; (b) allow the Company or its nominees access
to the Installation Site to remove the Company Equipment and Software; (c) immediately cease any and
all use of the Service, tangible media on which Software is recorded, documentation, and information,
and shall promptly return (or destroy upon the written request of the Company) all such material,
and shall destroy all stored content as required pursuant to Paragraph 5(F). Subscriber shall pay
the Company a disconnection and removal charge equal to seventy-five per cent (75%) of the then
current Company installation charges when the Company Equipment is removed by the Company. Such
disconnection and removal charge shall be payable by Subscriber forthwith upon receipt of invoice
from Company upon termination of this Agreement (howsoever occasioned).

17. MISCELLANEOUS

(A) Assignment

Neither this Agreement nor any rights or duties hereunder may be assigned, delegated, subleased or
otherwise transferred by Subscriber. Any attempted assignment in violation of this provision is
void. This Agreement shall be binding upon and inure to the benefit of the parties and respective
successors and permitted assigns.

(B) Notice

Except for notices given because of Subscriber’s failure to pay any sum of money due hereunder
(which notice may be oral) all notices or other communications required to be given hereunder shall
be in writing and shall be mailed by first class mail or by telefacsimile or overnight delivery
service or personally delivered to the Company at its address set forth on page 1 of the schedule
and to Subscriber at the billing address set forth on page 1 of the Schedule, or to such other
address as may be hereafter designated by one party to the other in writing. Unless otherwise
provided herein, all notices shall be effective the earlier of three days from the date of mailing
or upon receipt.

If any one or more of the provisions of this Agreement shall be held to be invalid, illegal or
unenforceable for any reason, then the validity, legality or enforceability of the remaining
provisions of this Agreement shall not be affected thereby. To the extent permitted by applicable
law, the parties waive any provisions of law that renders any provision of this Agreement invalid,
illegal or unenforceable in any respect.

(D) Force Majeure

Due performance or any delay in performance of any duty or obligation hereunder by the Company shall
be excused if prevented by acts of God, Information Providers or other third party service providers,
public enemy, fire or other casualty, failure of telecommunications, labor dispute or any other
circumstance beyond the Company’s reasonable control, and the Company will have no liability for
such failure or delay in performance.

(E) Waiver or Consent

Any failure by either of the parties to comply with any obligation, covenant, condition or agreement
contained herein may be waived in writing by the party entitled to the benefits thereof, but such
waiver or failure to insist on strict compliance with such obligation, covenant, condition or
agreement shall not operate as a waiver of or estoppel with respect to any subsequent or other
failure. Any consents to be effective must be in writing and signed by an authorized representative
of the party granting such consent.

(F) Audit

The Company, the Company’s designee, and Information Providers shall have the right at any time upon
reasonable notice to inspect Subscriber’s system to ensure that it is operating properly and in line
with the Agreement, and to inspect Subscriber’s offices and records to ensure that Subscriber is
making the proper payments and complying with the terms of the Agreement. The audit may include
entry onto Subscriber’s or its agent’s premises and such other inspection as the Company deems
necessary subject to Subscriber’s security and safety requirements. Subscriber will provide
reasonable resources to enable Company to complete its audit as required. In addition to any other
rights of the Company under this Agreement or otherwise, Subscriber shall be obligated to pay fees
in addition to those otherwise set forth herein, for any use of the Service revealed by such audits
not authorized herein (including, without limitation, use by unauthorized users) for such period of
unauthorized use (including periods prior to the audit). Such fees shall be established in
accordance with this Agreement.

(G) Remedies Cumulative

Subscriber acknowledges and agrees that any violation of any term, condition or provision of this
Agreement would cause the Company irreparable harm for which there would be no adequate remedy at
law, and that the Company shall be entitled to temporary, preliminary and permanent injunctive
relief against any such violation. Such injunctive relief shall be in addition to, and in no way
shall limit, any other rights or remedies which the Company may have at law or in equity.

(H) Amendments

This Agreement may be amended only by a written instrument signed by authorized representatives of
each of the parties. This Agreement constitutes the entire understanding of the parties with
respect to the subject matter hereof and supersedes and replaces all prior writings or oral
negotiations or other understandings with respect thereto.

(I) Headings, References

All headings of this Agreement are solely for convenience of reference and shall not affect its

interpretation.

(J) Independent Parties

Nothing in this Agreement shall be construed as creating a partnership, joint venture, fiduciary or
agency relationship between the parties, or as authorizing either party to act as an agent for the
other. The parties to this Agreement are independent contractors.

(K) Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Thailand, without
regard to its principles of conflict of laws. For purposes of any and all disputes with respect to
this Agreement, all parties consent to jurisdiction and venue in Thailand. Each party irrevocably
waives the right to a trial by jury in any action or proceeding arising out of this Agreement.

Section 4 "Billing" is superseded by the appointment of Corporate Vision Asia Co.,Ltd as the company's
Attorney-in-fact, to act as the company in collecting subscriptions of "Moneyline Telerate datafeed
Services" provided on the TradeVizion Service. Pricing and Subscription details are found in the
appropriate sections at www.trade-vizion.com