exv4w103






Exhibit 4.103




ISSUER INFORMATION FEED SERVICE AGREEMENT





	 	 	AN AGREEMENT dated the           day of 
	 
	 	 	BETWEEN:-






	 	(1)	 	HKEx INFORMATION SERVICES LIMITED whose registered office is situated at 12th
Floor, One
International Finance Centre, 1 Harbour View Street, Central, Hong Kong (“HKEx-IS”); and
	 
	 	(2)	 	The person whose name and address is set out in Schedule 1 Part A hereto (“The Licensee”).
	 
	 	
WHEREAS:-






	 	(A)	 	HKEx-IS is a direct wholly owned subsidiary of The Stock Exchange of Hong Kong
Limited and an
indirect wholly owned subsidiary of Hong Kong Exchanges and Clearing Limited.
	 
	 	(B)	 	It has been agreed that HKEx-IS will grant to the Licensee a non-exclusive licence
to use certain
information and/or documents, for the period and upon the terms and conditions
hereinafter appearing.






	 	 	IT IS HEREBY AGREED as follows:-
	 
	1	 	Interpretation
	 
	 	 	In this Agreement, unless otherwise expressed or required by the context, the following
expressions shall have the following meanings:-





	 	 	 
	Expressions	 	Meanings
	 
	 	 
	“Agreement”

	 	this agreement and its Schedule(s) together with any subsequent
modifications thereto agreed by the parties.
	 
	 	 
	“Commencement Date”

	 	the commencement date specified in Schedule 1 Part A hereto,
being the date from which the Licensee receives News
directly or indirectly from HKEx-IS for the Permitted
Purpose.
	 
	 	 
	“Exchange”

	 	The Stock Exchange of Hong Kong Limited whose registered
office is at 12th Floor, One International Finance Centre,
1 Harbour View Street, Central, Hong Kong.
	 
	 	 
	“HKEx Group”

	 	Hong Kong Exchanges and Clearing Limited (“HKEx”) and its
subsidiaries.
	 
	 	 
	“Hong Kong”

	 	the Hong Kong Special Administrative Region of the People’s
Republic of China.
	 
	 	 
	“Initial Transmission Method”

	 	the method of transmission of the News as notified in writing to
the Licensee by HKEx-IS prior to the Commencement Date.
	 
	 	 
	“Licence Fees”

	 	the fees to be paid by the Licensee to HKEx-IS pursuant to
clause 6 of this Agreement.







					
	 	 	 	 	 
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	Expressions	 	Meanings
	 
	 	 
	“News”

	 	information and/or documents compiled by the Exchange and/or
provided by HKEx-IS pursuant to this Agreement concerning
the Exchange and companies listed on the Stock Exchange
including without limitation information and/or documents
within any categories described by HKEx-IS from time to
time pursuant to clause 2.3.
	 
	 	 
	“Off Market”

	 	a trading floor or dealing service where trading in (a) Securities
listed on the Stock Exchange or of a type capable of
being so listed or (b) any other Securities relating to
Securities described at (a) above is being undertaken
otherwise than at or through the Stock Exchange.
	 
	 	 
	“Permitted Purpose”

	 	the purpose for which Licensee may use the News, as described
in this Agreement, and as more particularly set out at
Schedule 1 Part A.
	 
	 	 
	“Quarter”

	 	the quarters of each year ending on 3lst March, 30th June, 30th
September and 3lst December.
	 
	 	 
	“Securities”

	 	the same meaning as defined in section 1 of Part 1 of Schedule 1
to the Securities and Futures Ordinance (Cap. 571).
	 
	 	 
	“Stock Exchange”

	 	the stock market operated by the Exchange.
	 
	 	 
	“Subscriber”

	 	a person to whom News is provided by the Licensee pursuant to
a subsisting contract with the Licensee for the supply
of, inter alia, the News or a person who is granted
access to the News on the Licensee’s website.
	 
	 	 
	“Transmission Specifications”

	 	the specifications for the transmission of the News as issued by
the Exchange from time to time under this Agreement.







	2.	 	Licence
	 
	2.1	 	HKEx-IS hereby grants to the Licensee a non-exclusive licence to use the News for the
Permitted
Purpose and according to the terms set out in this Agreement.
	 
	2.2	 	The Agreement shall commence on the Commencement Date as set out in Schedule 1 Part A hereto.
	 
	2.3	 	The categories of News initially provided to the Licensee hereunder shall be those categories
notified in
writing to the Licensee by HKEx-IS prior to the Commencement Date (“the Categories Notice”).
HKEx-IS shall have the right at any time to alter the presentation or substance of the News (unless
the
alteration involves the deletion of one or more categories of News described in the Categories
Notice in
which case the notice period shall be a minimum of 30 days or such shorter period as HKEx-IS
may
determine if 30 days’ notice is not practicable and, in that event, the Licensee shall be
entitled at any time
by giving written notice to HKEx-IS during the 21 days following service of HKEx-IS’s notice
to terminate
this Agreement with effect from the date when the alteration is to be implemented or if the
alteration has
already been implemented at the time notice of termination is given by the Licensee, with
effect from the
date notice is given by the Licensee). Notwithstanding the above HKEx-IS shall have the right
to alter the
presentation or substance of the News (including where the alteration involves the deletion of
one or
more categories of News described in the Categories Notice) without prior notice to the
Licensee if
required to do so by reasons outside its control.
	 
	2.4	 	HKEx-IS acknowledges and agrees that the Licensee may under and for the purposes of this
Agreement
provide the News to Subscribers in the form or format in which the News is supplied to the Licensee





					
	 	 	 	 	 
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	 	 	hereunder or in any other form or format including for use in composite information systems
provided always that (a) the News is acknowledged as being derived from the Exchange and its
format or editing is in no way misleading as to the nature or content of the News and (b) the
Licensee shall not remove, displace or alter any copyright, confidentiality or other
proprietary notices or any disclaimer notice of the Exchange and (c) whenever the Licensee
wishes to provide the News in a different form or manner, the Licensee will first give
HKEx-IS no less than one month’s prior written notice of its intention, and shall provide
such further details as HKEx-IS may reasonably request. For the avoidance of doubt, nothing
in this clause 2.4 shall entitle the Licensee to do anything outside the scope of the
Permitted Purpose without first obtaining HKEx-IS’ written consent (such consent not to be
unreasonably withheld).
	 
	2.5	 	The Licensee will incorporate the following disclaimer notice (or a disclaimer notice to
equivalent effect)
and the terms specified in clause 4.3 (i) into all contracts with Subscribers or (ii) if the
News is
disseminated to Subscribers via the Licensee’s website and there are no separate contracts
which govern
the access of the Subscribers to the News other than any terms and conditions stipulated in
the
Licensee’s website, into such terms and conditions:
	 
	 	 	“HKEx INFORMATION SERVICES LIMITED, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH
HOLDING COMPANIES ENDEAVOUR TO ENSURE THAT THE NEWS IS ACCURATELY COMPILED BUT DO NOT
GUARANTEE THE ACCURACY OR RELIABILITY OF ITS CONTENTS AND ACCEPT NO LIABILITY (WHETHER IN
TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY
INACCURACIES OR OMISSIONS OR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN
RELIANCE UPON THE NEWS.”
	 
	2.6	 	The Licensee will ensure that, so long as it is technically possible to do so, a disclaimer
notice as
described in clause 2.5 above shall be transmitted to Subscribers so that it is conspicuously perceptible
during or immediately prior to each continuous period throughout which the relevant Subscriber has
access to the News.
	 
	2.7	 	The Licensee shall provide HKEx-IS prior to the Commencement Date with details of the services by
which it will provide Subscribers with the News as specified at Schedule 1 Part A. The
Licensee will give
HKEx-IS prior written notice of any such services which it subsequently introduces. The
Licensee shall
also provide HKEx-IS with such other information regarding any such services or as HKEx-IS may
reasonably request.
	 
	3.	 	Transmission of News
	 
	3.1	 	During the currency of this Agreement HKEx-IS will procure the supply of the News to the
Licensee in the
form of electronic signals generated by the computer information system for the time being
used by the
Exchange. The Licensee shall effect (complying promptly with HKEx-IS’ requirements for
such
connection) the number of connections to the Exchange’s computer information system specified
in the
Transmission Specifications and Schedule 1 Part A (which number may from time to time be
varied by
the Exchange giving not less than thirty days’ written notice to the Licensee), and shall bear
the costs of
so connecting and of maintaining each such connection (including without limitation the
Standard Fee
and Port Fee set out at Schedule 1 Part B and any other connection and/or maintenance charges
levied
in this respect by HKEx-IS or the Exchange). The connection equipment and communication lines
to be
installed on the Exchange’s premises must be approved in advance by the Exchange or HKEx-IS.
	 
	3.2	 	The News shall initially be supplied in accordance with the Initial Transmission Method but
the method of
transmission may be changed at any time upon the Exchange giving the Licensee not less than thirty
days written notice thereof. Notwithstanding the above, the Exchange shall have the right to alter the
method of transmission without prior notice to the Licensee if required to do so by reasons outside its
control.
	 
	3.3	 	HKEx-IS shall use its best endeavours to ensure that the News is provided to the Licensee on a
continuous basis during the service hours as specified in the latest Transmission Specifications issued by
the Exchange.






					
	 	 	 	 	 
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	3.4	 	The Licensee shall be responsible for complying with all relevant regulations,
governmental or otherwise,
and the obtaining of all relevant licences, governmental or otherwise, relating to its use of the News.
	 
	3.5	 	The Licensee warrants and represents that, prior to the signing of this Agreement, the Licensee had
completed all testing on the connections between the parties’ systems as required by HKEx-IS
and shall
ensure that, for the currency of the Licence, the connections and the system of the Licensee
connected
to the Exchange’s computer information system will conform with the Transmission
Specifications and the
system of the Licensee will be adequately configured to support the required loading as
specified by
HKEx-IS from time to time. The Licensee shall further ensure that the connections and the
system of
the Licensee connected to the Exchange’s computer information system will, in the view of
HKEx-IS, achieve reasonable performance and reliability.
	 
	3.6	 	In the event (i) the connections and/or the system of the Licensee fail to conform with the
Transmission Specifications; (ii) the configuration of the system of the Licensee fails to
adequately
support the required loading as specified by HKEx-IS from time to time; or (iii) the
connections
and/or the system of the Licensee, in the view of HKEx-IS, fail to achieve reasonable
performance
and reliability, HKEx-IS shall be entitled to (a) temporarily suspend the transmission of the
News at any
time or (b) terminate this Agreement pursuant to clause 7.3.
	 
	4.	 	Permitted Use of the News
	 
	4.1	 	The Licensee may use the News for dissemination to Subscribers provided that it pays to
HKEx-IS the
Licence Fees as set out in Schedule 1 Part B. It may not disseminate the News to any other person
except as permitted by clause 4.6 below.
	 
	4.2	 	The Licensee shall use reasonable endeavours to ensure that:-






	 	4.2.1	 	any equipment or software used to process the News are arranged; and
	 
	 	4.2.2	 	other suitable procedures are in place






	 	 	so that no unauthorized person or device can obtain access to the News.
	 
	4.3	 	The Licensee shall ensure and procure that all and any dissemination of the News to any
Subscriber shall
be on terms that:-






	 	4.3.1	 	no Subscriber shall, without the prior written approval of HKEx-IS (such approval not to be
unreasonably withheld) disseminate the News or any part thereof to any other person;
	 
	 	4.3.2	 	no Subscriber shall use or permit the use of the News or any part thereof for any
illegal purpose;
	 
	 	4.3.3	 	no Subscriber shall use the News or any part thereof other than in the ordinary
course of its own
business (which shall not include dissemination to third parties); and
	 
	 	4.3.4	 	no Subscriber shall use the News or any part thereof to establish, maintain or
provide or to assist
in establishing, maintaining or providing an Off Market.






	 	 	HKEx-IS may, in granting any approval pursuant to clause 4.3.1, impose such conditions on the
Licensee as it considers appropriate, including but not limited to requiring the Licensee to
pay to HKEx-IS such additional fees, calculated on such basis as may be specified by HKEx-IS,
restricting the mode of re-dissemination by the Subscriber and requiring the Licensee to
ensure that the Subscriber complies with the same restrictions and obligations as are imposed
on the Licensee by this Agreement relating to the use and dissemination of the News.






					
	 	 	 	 	 
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	4.4	 	The Licensee shall ensure that no Subscriber is using the News or any part thereof
contrary to the
provisions of this clause 4 and shall promptly supply to HKEx-IS the name and address of any
Subscriber
whom the Licensee or HKEx-IS suspects is in breach of such provisions.
	 
	4.5	 	If HKEx-IS suspects that a Subscriber is using the News or any part thereof contrary to the
provisions of
this clause 4, HKEx-IS may serve a written notice on the Licensee specifying the name of such
Subscriber and the nature of the suspected misuse and requiring the Licensee to notify that
Subscriber in
writing that it must forthwith cease such misuse and must provide such proof as HKEx-IS may
reasonably
require that it has ceased (or never committed) such misuse. The Licensee shall immediately
comply with
such a notice on receipt. If the Subscriber fails to comply with the Licensee’s notice within
such period as
HKEx-IS may specify the Licensee shall forthwith at HKEx-IS’ further written direction cease
to supply the
News to that Subscriber or reduce the supply to a level specified by HKEx-IS.
	 
	4.6	 	The Licensee may not sub-license the right to disseminate the News to any third party unless
approved in
advance in writing by HKEx-IS. HKEx-IS shall have complete discretion as to the terms on which
it agrees
such sub-licence. Without prejudice to the foregoing, unless expressly otherwise agreed by
HKEx-IS:






	 	(i)	 	the sub-licence shall impose on the third party all the restrictions
and obligations imposed on the Licensee by this Agreement relating to the use and
dissemination of the News,
	 
	 	(ii)	 	the Licensee shall be personally liable hereunder for any breach by
such third party of such restrictions or obligations, so that such breach shall be
treated as a breach of this Agreement,
	 
	 	(iii)	 	without prejudice to (i) and (ii), the third party sub-licensee shall
render payment in accordance with clause 6 direct to HKEx-IS.






	 	 	Notwithstanding the foregoing, HKEx-IS may, in respect of any sub-licence granted pursuant to
this clause, at any time by notice in writing given to the Licensee either require the
Licensee to terminate such sub-licence or impose further conditions in respect of such
sub-licence or require that the sub-licensee enter into a direct licence with HKEx-IS.
	 
	4.7	 	The Licensee shall not knowingly use the News or any part thereof to establish, maintain or
provide, or
assist in establishing, maintaining or providing an Off Market.
	 
	4.8	 	The Licensee shall comply with such directions as HKEx-IS may reasonably require from time to time
concerning permitted use of the News, provided that






	 	4.8.1	 	such directions are given in writing by not less than 3 months notice; and
	 
	 	4.8.2	 	at any time during the 30 days following service of such notice the Licensee shall
be entitled to
terminate this Agreement with effect from the date when the direction is to be
implemented, by
giving written notice to HKEx-IS.






	4.9	 	The Licensee shall, upon receiving HKEx-IS’ written request, inspect and/or (if so requested)
procure that HKEx-IS may inspect promptly thereafter the premises and records of any Subscriber specified
by HKEx-IS, for the purpose of satisfying HKEx-IS by whatever proofs HKEx-IS may reasonably
require that the
Subscriber is not using the News contrary to the provisions of this clause 4, provided always
that the
Licensee shall not be obliged to make and/or procure such inspection (in respect of any one
Subscriber)
to take place more than once in any Quarter.
	 
	5.	 	Deposit
	 
	5.1	 	The Licensee agrees to pay to HKEx-IS on the signing of this Agreement a deposit in the
sum specified in Schedule 1 Part A (“Deposit”).






					
	 	 	 	 	 
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	5.2	 	The Deposit shall be retained by HKEx-IS throughout the term of this Agreement to secure
the due
payment of the Licence Fees and the due observance and performance of the Licensee’s obligations
under this Agreement.
	 
	5.3	 	The Deposit shall be subject to increase at any time by HKEx-IS giving to the Licensee 60 days’ written
notice and the Licensee shall on or before the date specified in the notice deposit with HKEx-IS such
increased amount.
	 
	5.4	 	HKEx-IS shall be entitled to deduct from the Deposit the amount of all outstanding Licence Fees and all
costs, expenses, losses and damages which may be sustained by HKEx-IS as a result of any breach,
non-performance or non-observance by the Licensee of any terms of this Agreement. The Licensee shall
forthwith on demand deposit with HKEx-IS any amount so deducted such that at all times the Licensee
shall maintain with HKEx-IS as Deposit the sum specified in clause 5.1 above, as may be increased under
clause 5.3 above.
	 
	5.5	 	The Deposit, less any amount deducted under clause 5.4 above, shall be repaid to the Licensee without
interest or compensation within 30 days of the termination of this Agreement.
	 
	6.	 	Licence Fees and Payments
	 
	6.1	 	For the currency of the Licence the Licensee shall pay the Licence Fees in advance calculated
and
payable to HKEx-IS in accordance with the provisions of Schedule 1 Part B hereto.
	 
	6.2	 	HKEx-IS shall have the right to amend the Licence Fees or any element of them at any time
upon giving
the Licensee not less than three months notice in writing thereof. At any time during the 30
days following
service of such notice the Licensee shall be entitled to terminate this Agreement with effect
from the date
when the amendment is to be implemented, by giving written notice to HKEx-IS. For the
avoidance of
doubt, HKEx-IS’ right to amend the Licence Fees includes without limitation the right to
introduce
additional Licence Fees and to modify the basis for calculating any Licence Fees.
	 
	6.3	 	Any Standard Fee (or, where applicable, any additional Standard Fee) paid in advance will be
refundable
on a monthly pro-rata basis to the Licensee if this Agreement terminates pursuant to clause 2.3, 4.8, 6.2,
7.4 or 12.1 herein provided that the Licensee has fully discharged all of its obligations under this
Agreement. Save as expressly stated in this clause 6.3, no part of the Licence Fees will be refundable in
any event.
	 
	6.4	 	If the Licensee is late in paying any sums due to HKEx-IS under this Agreement by more than 30 days,
interest shall be payable on such sums calculated from the date such sums first become due in
respect of
each month or part thereof for which they are not paid at a rate of 40% per annum.
	 
	7.	 	Termination
	 
	7.1	 	Either party shall be entitled without stating a reason to terminate this Agreement by giving
not less than
six complete calendar months prior notice of termination in writing to the other party.
	 
	7.2	 	Either party shall be entitled to terminate this Agreement forthwith by written notice (and thereupon the
provision of the News to the Licensee may cease) upon the occurrence of any of the following
events:-






	 	7.2.1	 	in the case of the other party being an individual or a partnership, the death
or bankruptcy of the
other party or any partner thereof, or a receiving order or judgment or levy being made against any
assets of the other party or any partner thereof, or the other party or any partner thereof having
entered into any composition with any of his or her creditors or the dissolution of the partnership;
or
	 
	 	7.2.2	 	in the case of the other party being a corporation, the commencement of winding-up of the other
party, or a receiver having been appointed over or judgment or levy being made against any





					
	 	 	 	 	 
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	 	 	 	assets of the other party, or the other party having entered into any scheme,
arrangement or composition with any of its creditors.






	7.3	 	HKEx-IS shall be entitled to terminate this Agreement or suspend its performance of all or
any obligations
under it at any time and without liability for compensation or damages if the Licensee fails to comply in all
material respects with any of its express or implied obligations under this Agreement (including payment
of License Fees to HKEx-IS).
	 
	7.4	 	The Licensee shall be entitled to terminate this Agreement forthwith by written notice if for any reason
News is not supplied to the Licensee for a period in excess of 10 consecutive working days on
which the
Stock Exchange is open for the business of trading in Securities or, HKEx-IS having committed
any
irremediable breach of this Agreement or, the Licensee having given written notice to HKEx-IS
to remedy
any breach or default, HKEx-IS shall have failed to do so within 30 days of such notice.
	 
	7.5	 	Upon termination of this Agreement, HKEx-IS shall have the absolute right to terminate the
transmission
of the News with immediate effect, and all sums due hereunder from the Licensee shall become
payable
forthwith to HKEx-IS.
	 
	7.6	 	The Licensee shall immediately inform HKEx-IS by notice in writing upon the occurrence of one
or more
of the events described in sub-clause 7.2.1 or 7.2.2 above.
	 
	8.	 	Exclusion of Liability and Indemnity
	 
	8.1	 	Nothing in this clause shall restrict or exclude liability of HKEx-IS or the Licensee in
respect of death or
personal injury resulting from negligence. Further, if the News is not transmitted to the
Licensee for a
continuous period of not less than 10 consecutive working days on which the Stock Exchange is
open for
trading in Securities, HKEx-IS shall be liable to compensate the Licensee for loss arising
from such non-transmission, but its liability shall be limited to the amount of the Licence Fees payable by
the Licensee in
respect of that period (reduced pro-rata when the fees are payable in respect of a longer
period).
	 
	8.2	 	Subject to the foregoing, none of HKEx-IS, the Exchange or any other member of the HKEx Group
shall
be liable to the Licensee or any person claiming through the Licensee in respect of
consequential,
economic or any other loss or damage arising from any act or omission, mistake, delay,
interruption,
whether wilful, negligent or otherwise, arising from or in connection with (a) the collection,
use or
transmission of the News by or to the Licensee or (b) the News being inaccurate, incomplete or
otherwise
misleading or (c) any other services to be provided by HKEx-IS pursuant to this Agreement.
Further the
Licensee undertakes not to institute or attempt or threaten to institute any proceedings in
any jurisdiction
in or outside Hong Kong against HKEx-IS, the Exchange or any other member of the HKEx Group
for
recovery of any of the aforesaid loss suffered by the Licensee or by any other person or
otherwise to
maintain any claim against HKEx-IS, the Exchange or any other member of the HKEx Group for or
in
respect of any of the aforesaid loss.
	 
	8.3	 	Subject to clause 8.1, the Licensee will at all times hereafter indemnify and keep HKEx-IS,
the Exchange
and other members of the HKEx Group effectively indemnified against and in respect of all
liabilities,
economic or other losses, damages, costs, claims, suits, demands, fees and expenses of
whatsoever
nature which may be incurred by HKEx-IS, the Exchange or any other member of the HKEx Group
towards or in relation to any person or which may be taken, made or claimed against HKEx-IS,
the
Exchange or any other member of the HKEx Group by any person as a result of or in connection
with or
arising out of any act, omission, mistake, delay or interruption, on the part of Licensee,
HKEx-IS, the
Exchange or any other member of the HKEx Group, whether wilful, negligent or otherwise, in
relation to
this Agreement, including (without prejudice to the generality of the foregoing) acts or
omissions in
respect of or in connection with or arising out of the collection, use or transmission of the
News by or to
the Licensee or arising from the News being inaccurate, incomplete or otherwise misleading.
	 
	8.4	 	For the purposes of this clause, HKEx-IS contracts as agent for the Exchange and other
members of the
HKEx Group, and the Licensee agrees to said exclusion of liability and indemnity in favour of the



 
					
	 	 	 	 	 
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	 	 	Exchange and other members of the HKEx Group in consideration of the Exchange and HKEx
consenting to HKEx-IS entering into this Agreement.
	 
	9.	 	Free Subscription for HKEx-IS
	 
	 	 	To enable HKEx-IS to monitor the service provided by the Licensee under the Licence, the
Licensee shall for the duration of this Agreement and free of charge allow HKEx-IS access to
the News by supplying to HKEx-IS all services of the Licensee and any relevant equipment by
means of which it transmits the News to its Subscribers as if HKEx-IS were a subscriber
thereto.
	 
	10.	 	Notices
	 
	10.1	 	Any notice or other document to be given or served hereunder may be delivered by hand or sent
by pre-paid post to the party at its address or fax number as set out in Schedule 1 Part A (or at such other
address or fax number as that party shall have notified the other in accordance with this Agreement).
	 
	10.2	 	Any such notice or document shall be deemed to have been served:-






	 	10.2.1	 	if delivered by hand, at the time of delivery; or
	 
	 	10.2.2	 	if sent by ordinary pre-paid post, at the expiration of 3 working days after the postage pre-paid
envelope containing the same shall have been put into the post;
	 
	 	10.2.3	 	if sent by facsimile transmission, when dispatched with a transmission report showing that the
entire fax was sent to the relevant fax number.






	10.3	 	In proving such service it shall be sufficient to prove that delivery was made or that the envelope
containing such notice or document was properly addressed and posted or that the facsimile
transmission
was properly dispatched as the case may be.
	 
	11.	 	Proprietary Rights
	 
	11.1	 	The Licensee hereby acknowledges that it has no entitlement to any proprietary rights
including without
limitation rights of copyright in and to the News or the presentation of the News, which
rights are owned
by the Exchange or by other third parties. As regards rights owned by the Exchange, the
Licensee
acknowledges that the Exchange has authorized HKEx-IS only to supply the News by way of this
Agreement and HKEx-IS warrants that it has obtained such authorization.
	 
	11.2	 	The Licensee may represent that it is supplying the News derived from the Exchange under
licence from
HKEx-IS but shall not make any other use save as required by clause 2.4 of the Exchange’s or
HKEx-IS’
name nor of any logos or other marks used by them. Upon termination of this Agreement, the
Licensee
shall cease forthwith so to represent itself and shall not make any other commercial use of
such marks.
	 
	11.3	 	The Licensee shall at all times treat the News and any information ancillary thereto obtained
pursuant to
this Agreement as confidential and shall not disclose such News to any third party other than to a
Subscriber, irrespective of whether it is in the same format as supplied to the Licensee by the Exchange.
	 
	11.4	 	The Licensee shall forthwith upon suspecting any infringement of such rights as are described in this
clause notify HKEx-IS and thereafter provide such assistance as HKEx-IS or the Exchange may
reasonably request to protect such rights.
	 
	11.5	 	This clause shall continue to have effect notwithstanding termination of the rest of this Agreement.
	 
	12.	 	Amendments, Waivers and Enforceability
	 
	12.1	 	Without prejudice to clauses 2.3, 3.1, 3.2, 3.5, 4.8, 5.3 and 6.2 herein, HKEx-IS may
amend this Agreement at any time on 3 months’ written notice. In the event that the Licensee
considers any






					
	 	 	 	 	 
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	 	 	such amendment to be unfavourable, it may terminate this Agreement on the date the amendment
comes into effect, provided it gives HKEx-IS notice in writing within one month of the date
of the notice of HKEx-IS. If no such notice is given by the Licensee to HKEx-IS, the Licensee
shall be deemed to have accepted the amendment made and agreed to be bound by the amendment.
The Licensee may amend this Agreement provided that prior written consent of such amendment
is obtained from HKEx-IS.
	 
	12.2	 	No waiver or indulgence by any party to this Agreement shall be binding unless in writing and
in any
event no waiver of one breach of any term or condition of this Agreement shall operate as a continuing
waiver unless so expressed nor operate as a waiver of another breach of the same or any other term or
condition of this Agreement.
	 
	12.3	 	In the event that any provision in this Agreement is for any reason held to be unenforceable, illegal or
otherwise invalid, this shall not affect any other provisions of this Agreement, and the
provision in
question shall be construed in such reasonable manner as achieves the intention of the parties
without
being invalid.
	 
	13.	 	Entire Agreement
	 
	 	 	This Agreement sets out the entire agreement of the parties concerning the subject matter
hereof and supersedes all prior agreements, negotiations, representations and proposals,
whether written or oral.
	 
	14.	 	Governing Law
	 
	14.1	 	This Agreement shall be governed by and construed in accordance with the laws of Hong Kong
whose
courts shall have non-exclusive jurisdiction in relation thereto.
	 
	14.2	 	Licensee hereby irrevocably appoints the person whose name and current address in Hong Kong
are set forth in Schedule 1 Part A hereto as its agent to receive and acknowledge on its
behalf
service of any writ, summons, order, judgment or other notice of legal process in Hong Kong.
If
for any reason the agent named above (or its successor) no longer serves as agent of Licensee
for this purpose, Licensee shall promptly appoint a successor agent and notify HKEx-IS
thereof.
Licensee agrees that any such legal process shall be sufficiently served on it if delivered to
such
agent for service at its address for the time being in Hong Kong whether or not such agent
gives
notice thereof to Licensee.




IN WITNESS whereof the parties have entered into this Agreement the day and year first above
written.




	 	 	 	 	 	 	 
	SIGNED by Chan Ping Keung, Director

	 	 	)	 	 	 
	for and on behalf of

	 	 	)	 	 	 
	HKEx INFORMATION SERVICES LIMITED

	 	 	)	 	 	 
	in the presence of :- Cheung Yin Kwan

	 	 	)	 	 	 
	 
	 	 	 	 	 	 
	SIGNED by , CEO

	 	 	)	 	 	 
	for and on behalf of

	 	 	)	 	 	 
	

	 	 	)	 	 	 
	FORTUNE SOFTWARE (BEIJING) CO., LTD

	 	 	)	 	 	 
	in the presence of :-

	 	 	)	 	 	
	 

	 	 	 	 	 	 






					
	 	 	 	 	 
	Issuer Information feed Service Agreement 

v2007-05-09
	 	9	 	 







 











 





SCHEDULE 1




PART A





	1.	 	The Licensee





	 	 	 
	Name	 	Place of Incorporation
	Fortune Software (Beijing) Co., Ltd

	 	Beijing, China
	
	 	 
	 
	 	 
	Registered office (or equivalent) in place of incorporation
or, if registered under Part XI of the Companies
Ordinance, principal place of business in Hong Kong

	 	Address and fax number for
notices under clause 9
	

	 	9/F Tower C,
	 
	Corporate Square,
	 

	No. 35 Financial Street,
	 

	Xicheng District,
	 

	Beijing 100140
	 
	 	 
	 

	 	Attention: 
	 

	 	Fax No.: (86) 10 5832 5200
	Name and address of process agent in Hong Kong
	 	 
	 
	 	 
	Daily Growth Securities Ltd
	 	 
	Rm 3705, The Center,
	 	 
	99 Queen’s Road Central
	 	 
	 
	 	 
	Attention: Mr. Ivis Wong
	 	 





					
	 	 	 	 	 
	Issuer Information feed Service Agreement 

v2007-05
	 	 	 	









 









 







	2.	 	HKEx-IS’ Address and Fax Number
	 
	 	 	12/F., One International Finance Centre

1 Harbour View Street

Central

Hong Kong

Fax Number: (+852) 2877 2960
	 
	3.	 	Commencement Date
	 
	 	 	13 February 2009
	 
	4.	 	Permitted Purpose
	 
	 	 	Dissemination of the News by means of the following electronic information services.





	 	 	 	 	 
	Name of Service	 	Type/Description of Service	 	Start Date of Service
	1. MegaTrend

	 	Internet Service
	 	13 February 2009
	 
	 	 	 	 
	2. Grand Reference

	 	Internet Service
	 	13 February 2009
	 
	 	 	 	 
	3. Value Engine

	 	Internet Service
	 	13 February 2009
	 
	 	 	 	 
	4. JRJ HK Stock

	 	Internet Service
	 	13 February 2009
	 
	 	 	 	 
	5. Stockstar HK Stock Channel

	 	Internet Service
	 	13 February 2009
	 
	 	 	 	 
	6. DGG HK Stock

	 	Internet Service
	 	13 February 2009
	 
	 	 	 	 
	7. Mobile Star

	 	Mobile Phone
	 	13 February 2009
	 
	 	 	 	 
	8. Mobile Fortune

	 	Mobile Phone
	 	13 February 2009







	5.	 	Deposit
	 
	 	 	Nil
	 
	6.	 	Number of Connection(s)
	 
	 	 	Number of connection(s) supplied with live production data at any one time : N/A







 
					
	 	 	 	 	 
	Issuer Information feed Service Agreement 

V2007-05
	 	 	 	





 









 








SCHEDULE 1




PART B




LICENCE FEES





	1	 	Standard Fee
	 
	 	 	The Licensee shall pay to HKEx-IS for each Quarter a sum of HK$45,000 for receiving the
categories of News as stated in the Categories Notice for a set of dual connections with the
Exchange’s computer system that are supplied with live production data. An additional
Standard Fee of HK$22,500 is payable per Quarter for each additional live connection for
receiving the categories of News as stated in the Categories Notice.
	 
	2	 	Port Fee
	 
	 	 	In addition to the Standard Fee payable pursuant to 1 above, an annual Port Fee shall be
payable as part of the Licence Fees in the sum of HK$12,000 per annum per connection port
referred to in the Transmission Specifications.
	 
	3	 	Times when Payments are Due






	 	3.1	 	The Standard Fee for the first Quarter shall become payable on the Commencement Date
irrespective of whether the Licensee has begun disseminating the News to Subscribers.
Where
the Standard Fee (or, where applicable, any additional Standard Fee) becomes payable for
the
first Quarter other than at the commencement of the relevant Quarter the Standard Fee
(or,
where applicable, any additional Standard Fee) for the first Quarter will be reduced by
one third
for each complete month elapsed during that first Quarter; and thereafter each Standard
Fee
shall be payable on or prior to the commencement of the Quarter to which that Standard
Fee
relates. Any additional Standard Fee for any additional live connection shall be payable
on or
prior to the commencement of the Quarter to which that additional Standard Fee relates
(or, in
respect of the first Quarter during which any additional Standard Fee becomes payable,
on or
prior to the commencement of the additional live connection).
	 
	 	3.2	 	The annual Port Fee shall be payable on the first business day of each year or, in
the first year to which
the Port Fee relates, on or prior to the Commencement Date, subject to a pro rata
reduction of one-twelfth of the annual Port Fee for each complete calendar month elapsed during such
first year prior to
the Commencement Date.