AMENDMENT OF EMS SUBSCRIBER AGREEMENT RELATED TO YOUR USE OF THE EZE EMS (FORMERLY REALTICK EMS)
Effective as of December 1, 2017, the EMS Subscriber Agreement (and its equivalent forms) that you or your firm (“You” or “Customer”) have signed will be amended to add new terms which will apply to your use of the Eze EMS. Highlights of the changes are provided below and the full text of the new terms are provided in the "December 1, 2017 EMS Subscriber Agreement Updated Terms” document.
Following a corporate restructuring that occurred on October 1, 2015, Eze Castle Software LLC (“Eze Software”) operates the Eze EMS business that was previously operated by RealTick LLC (formerly known as Townsend Analytics, Ltd.).
The Eze EMS is provided via a service based model to You by Eze Software. All licensing oriented terms in the EMS Subscriber Agreement have been replaced with corresponding service oriented terms.
Eze Software will not seek to collect fees from You which are incurred by broker-dealers for any services provided to such broker-dealers, including, but not limited to, FIX connections or fees related to any order flow that You may submit to any execution destinations via the Eze EMS. You are only responsible for the fees arising from your use of the Eze EMS service. You are still responsible for payment of all other fees that You incur by using the Eze EMS as stated in your EMS Subscriber Agreement and Order Form if You or your Billing Party fails to pay any amounts when due. This is a clarification of third party billing aspect of the EMS Subscriber Agreement and it will not change your use of or fees associated with the Eze EMS.
What You Should Know
The EMS Subscriber Agreement that You have already signed is not being replaced and will continue to govern your use of the EMS, RealTick Data, and other related services, as amended with the new terms.
If there is any conflict or inconsistency between the current terms of the EMS Subscriber Agreement and any of the new terms, the new terms shall apply. Please note that the new terms are only applicable to You if your current EMS Subscriber Agreement does not already reflect such changes.
What You Need to Do
No action is needed.
If You have any questions regarding this Customer Notice, please contact North American Client Service at 1-800-997-9630, European Service at +44 0207 786 5080, Asia Pacific Service at +852-3664-1070 or via email for all regions at email@example.com.