Handling of Trading-Related Terminals, Etc. for Trading Participants
`
`June 2003
`Tokyo Stock Exchange
`Trading System Department
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`Table of Contents
`
`1. Introduction ................................................................................................................................. 1(cid:3)
`2. Provisioning Modes .................................................................................................................... 2(cid:3)
`I. Provisioning via Lease............................................................................................................. 3(cid:3)
`I-1 Handling of the case wherein the Exchange concludes contracts with a leasing company,
`the manufacturer in charge of maintenance, etc. and thereby provides [a terminal] to the
`trading participant (Futures/Options Trading System) ........................................................... 3(cid:3)
`1. Overview of Handling..................................................................................................... 3(cid:3)
`2. Handling of an Additional Installation of a Terminal and Communication Line ........... 4(cid:3)
`3. Handling of Expenses Borne .......................................................................................... 4(cid:3)
`4. Handling of Maintenance ................................................................................................ 6(cid:3)
`5. Handling of Prohibited Matters in the Use a Terminal ................................................... 6(cid:3)
`I-2 Handling of the case wherein the trading participant directly concludes a lease contract
`with a leasing company and thereby receives the provisioning of a terminal. (Stock · CB
`Trading System) ...................................................................................................................... 7(cid:3)
`1. Overview of Handling..................................................................................................... 7(cid:3)
`2. Handling of an Additional Installation of a Terminal and Communication Line ........... 8(cid:3)
`3. Handling of Expenses Borne .......................................................................................... 8(cid:3)
`4. Handling of Maintenance ................................................................................................ 9(cid:3)
`5. Handling of Prohibited Matters in the Use a Terminal ................................................. 10
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`II. Handling Related to Utilization of a Dealer-Procured Client .............................................. 11
`1. Application Formalities, Etc. ............................................................................................ 11(cid:3)
`2. Handling of Terminal Software ........................................................................................ 11(cid:3)
`3. Handling of Maintenance .................................................................................................. 12(cid:3)
`4. Handling of Additions, Etc., of Terminals ........................................................................ 12(cid:3)
`5. Prohibited Matters Related to Usage ................................................................................ 13(cid:3)
`6. Other ................................................................................................................................. 13(cid:3)
`III. Handling of Case Wherein the Trading Participant Purchases and Utilizes a Terminal
`(Server or Client) Provided by the Exchange ........................................................................... 14(cid:3)
`1. Overview of Handling................................................................................................... 14(cid:3)
`2. Handling of an Additional Installation of a Terminal and Communication Line ......... 15(cid:3)
`3. Handling of Expenses Borne ........................................................................................ 16(cid:3)
`4. Handling of Maintenance .............................................................................................. 17(cid:3)
`5. Handling of Prohibited Matters in the Use of a Terminal ............................................ 18(cid:3)
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`1. Introduction
`
`This document describes the handling procedures for terminals used by trading
`participants in the trading-related systems of this Exchange.
`
`In the event that a trading participant wishes to add (including newly install), relocate, or
`remove a trading-related terminal of this Exchange, please read these handling procedures in
`advance and undertake the various arrangements in accordance with these handling procedures.
`
`Furthermore, these handling procedures have been distributed also at the Participants
`Briefing Meeting(s) held attendant with system replacement to date.
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`2. Provisioning Modes
`
`The handling of terminals, etc. used by trading participants in trading and the like on
`trading-related systems (excepting ToSTNet; likewise below) of the Tokyo Stock Exchange
`(hereinbelow "Exchange") shall be selected from among the provisioning modes listed below.
`I. Provisioning via Lease
`I-1 The Exchange provides [a terminal] to the trading participant by concluding a
`contract with a leasing company, the manufacturer in charge of maintenance, etc.
`(Futures/Options Trading System)
`I-2 The trading participant directly concludes a lease contract with a leasing company and
`thereby receives the provisioning of a terminal. (Stock · CB Trading System)*
`II. Use of a Dealer Procured Client Terminal
`
`The trading participant uses a client terminal (hereinbelow, "dealer-procured client") that
`was procured by the dealer. The terminal server is selected from among provisioning modes I
`and III.
`III. Trading Participant Purchases and Utilizes a Terminal (Server or Client) Provided by the
`Exchange
`* This handling shall apply to the portion of expenses incurred from June 2000 onward.
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`I. Provisioning via Lease
`
`I-1 Handling of the case wherein the Exchange concludes contracts with a leasing
`company, the manufacturer in charge of maintenance, etc. and thereby provides [a
`terminal] to the trading participant (Futures/Options Trading System)
`
`1. Overview of Handling
`(1) The Exchange collectively concludes a lease contract with a leasing company and thereby
`provides a terminal to the trading participant.
`(2) The Exchange collectively concludes a rental contract with a software developer and
`thereby provides terminal middleware to the trading participant.
`(3) Maintenance of the hardware and software of the terminal shall be performed by way of
`the Exchange collectively concluding a maintenance contract with the manufacturer in
`charge of maintenance.
`(4) The trading participant shall use a communication line between the terminal and the
`Exchange's central facility by way of the Exchange concluding a leased-line service
`contract with a Type I Telecommunications Enterprise (hereinbelow "NTT or the like.").
`
`Case: Use of Dealer Network
`
`If the trading participant wishes to utilize the dealer network in part of the
`communication line between the terminal and the Exchange's central facility, then the trading
`participant shall utilize the communication line between the Exchange's central facility and
`the [dealer] network by way of
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`the Exchange concluding a leased-line service contract with NTT or the like.
`
`2. Handling of an Additional Installation of a Terminal and Communication Line
`
`With regard to the addition (including a new installation), relocation, or removal
`(decommissioning) of a terminal and communication line, a prescribed written notification shall
`be submitted in advance to the Exchange, and the Exchange shall undertake the various
`arrangements based on said notification.
`
`3. Handling of Expenses Borne
`
`The trading participant shall make payment by the prescribed due date for the expenses
`below to the Exchange or a prescribed vendor in accordance with the type, quantity, etc. of the
`service equipment.
`
`However, the trading participant shall pay, directly to NTT or the like, the charges for
`line devices related to a new installation of a line and the like.
`(1) Monthly Expenses
`(cid:99) Equipment Service Fee: The amount corresponding to the lease fee (including one-
`time expenses for the introduction of the terminal) and the like paid by the Exchange
`shall be paid to the Exchange.
`(cid:100) Middleware Fee: The amount corresponding to the rental fee paid by the Exchange
`shall be paid to the Exchange. However, depending on the model, there are cases in
`which this does not arise.
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`(cid:101) Maintenance Fee: The amount corresponding to the hardware and software
`maintenance fee paid by the Exchange shall be paid to the Exchange. However,
`depending on the model, there are cases in which this does not arise.
`(cid:102) Line Service Fee: The amount corresponding to the line service fee paid by the
`Exchange shall be paid to the Exchange. However, depending on the model, there are
`cases in which the trading participant pays the line service fee directly to NTT or the like.
`(2) One-Time Expenses
`(cid:99) Relocation Expenses
`(cid:120) Equipment Relocation Expenses: Expenses incurred in the relocation of equipment
`based on a request of the trading participant shall be paid by the trading participant
`directly to the relocation work vendor.
`(cid:100) Removal-Related Expenses
`(cid:120) Equipment Removal Expenses: Expenses incurred in the removal of equipment based
`on a request of the trading participant shall be paid by the trading participant directly
`to the removal work vendor.
`(cid:120) Specified Damages: If a terminal is returned prior to the expiration of the lease
`contract period, then specified damages paid by the Exchange to the leasing company
`shall be paid to the Exchange.
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`4. Handling of Maintenance
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`The maintenance period of the terminal shall be 5 years from the date of introduction.
`However, even if within the maintenance period, the repair of defects due to an intentional act,
`negligence, or the like of the trading participant shall be dealt with by separate compensation.
`
`In addition, after the elapse of the maintenance period, [the trading participant] shall
`replace the terminal with a new one on an ongoing basis.
`
`5. Handling of Prohibited Matters in the Use a Terminal
`
`The trading participant shall not undertake any of the following actions in the use of a
`terminal:
`(1) modify the original state of the terminal existing at the time it was provisioned, such
`as to modify the terminal, disassemble the terminal, or connect the terminal to another
`apparatus;
`(2) use the terminal for purposes other than trading on the Exchange;
`(3) sell, transfer or loan the terminal to a third party;
`(4) hypothecate the terminal or establish a right of pledge with respect to the terminal;
`(5) install the terminal at a location other than the prescribed installation site; or
`(6) copy, reproduce, analyze, or the like—without permission—the software installed on
`the terminal.
`
`Furthermore, if the Exchange recognizes that there is a need, the Exchange shall, upon providing
`advance notification, be permitted to enter the installation premises to examine the usage
`situation and the like of the terminal.
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`I-2 Handling of the case wherein the trading participant directly concludes a lease
`contract with a leasing company and thereby receives the provisioning of a terminal.
`(Stock · CB Trading System)
`
`1. Overview of Handling
`(1) If the trading participant selects "provisioning via lease," then a lease contract* shall be
`concluded directly between the trading participant and the leasing company.
`* Leasing companies and the equipment they handle
`Tosho System Service Co., Ltd.
`Equipment excepting terminal servers
`NSB Tsushin Co., Ltd.
`
`Terminal servers
`(2) Maintenance of the terminal shall be performed by way of the Exchange collectively
`concluding a maintenance contract with the manufacturer in charge of maintenance.
`(3) The trading participant shall use a communication line between the terminal and the
`Exchange's central facility by way of the Exchange concluding a leased-line service
`contract with NTT or the like.
`Case: Use of Dealer Network
`
`If the trading participant wishes to utilize the dealer network in part of the
`communication line between the terminal and the Exchange's central facility, then the trading
`participant shall utilize the communication line between the Exchange's central facility and
`the [dealer] network by way of
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`the Exchange concluding a leased-line service contract with NTT or the like.
`
`2. Handling of an Additional Installation of a Terminal and Communication Line
`
`With regard to the addition (including a new installation), relocation, or removal
`(decommissioning) of a terminal and communication line, a prescribed written notification shall
`be submitted in advance to the Exchange, and the Exchange shall undertake the various
`arrangements based on said notification.
`
`3. Handling of Expenses Borne
`
`The trading participant shall make payment by the prescribed due date for the expenses
`below directly to a prescribed vendor in accordance with the type and quantity of the service
`equipment.
`
`In addition, with regard to charges for line devices related to a new installation of a line
`and the like, the trading participant shall pay such directly to NTT or the like.
`(1) Monthly Expenses
`(cid:99) Lease Fee: The amount corresponding to the lease fee (including one-time expenses
`incurred at introduction) billed by the leasing company
`Furthermore, in regard to said lease fee, Tosho System Service Co., Ltd., which is the
`leasing company for equipment other than the terminal server, shall bill in accordance
`with the lease fee related to the terminal server.
`(cid:100) Maintenance Fee: The amount corresponding to the maintenance fee billed by a
`prescribed vendor* as a representative of the Exchange.
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`* (cid:99) and (cid:100) shall be billed collectively by Tosho System Service Co., Ltd.
`Furthermore, if terminals are used in common (stocks & futures/options), then Hitachi
`Capital Corporation shall separately bill for a "futures/options software usage fee."
`(2) One-Time Expenses
`(cid:99) Relocation Expenses: Expenses incurred in the relocation of equipment based on a
`request of the trading participant shall be paid by the trading participant directly to the
`relocation work vendor.
`(cid:100) Removal-Related Expenses:
`(cid:120) Equipment Removal Expenses: Expenses incurred in the removal of equipment based
`on a request of the trading participant shall be paid by the trading participant directly
`to the removal work vendor.
`(cid:120) Specified Damages: If a terminal is returned prior to the expiration of the lease
`contract period, then prescribed specified damages shall be paid to Tosho System
`Service Co., Ltd., which is the leasing company.
`
`4. Handling of Maintenance
`
`The maintenance period of the terminal shall be 5 years from the date of introduction.
`However, even if within the maintenance period, the repair of defects due to intentional acts,
`negligence, or the like of the trading participant shall be dealt with by separate compensation.
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`In addition, after the elapse of the maintenance period, [the trading participant] shall
`
`replace the terminal with a new one on an ongoing basis.
`
`5. Handling of Prohibited Matters in the Use a Terminal
`
`The trading participant shall not undertake any of the following actions in the use of a
`terminal:
`(1) modify the original state of the terminal existing at the time it was provisioned, such
`as to modify the terminal, disassemble the terminal, or connect the terminal to another
`apparatus;
`(2) use the terminal for purposes other than trading on the Exchange;
`(3) sell, transfer or loan the terminal to a third party;
`(4) hypothecate the terminal or establish a right of pledge with respect to the terminal;
`(5) install the terminal at a location other than the prescribed installation site; or
`(6) copy, reproduce, analyze, or the like—without permission—the software installed on
`the terminal.
`
`Furthermore, if the Exchange recognizes that there is a need, the Exchange shall, upon providing
`advance notification, be permitted to enter the installation premises to examine the usage
`situation and the like of the terminal.
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`II. Utilization of a Dealer-Procured Client
`
`Handling of the case wherein the trading participant utilizes a dealer-procured client
`(handling of servers is in accordance with I or III)
`
`1. Application Formalities, Etc.
`
`Upon confirming in advance that the dealer-procured client is a model that is compliant
`with the prescribed usage conditions of the Exchange, the trading participant shall submit a
`prescribed written notification to the Exchange.
`
`2. Handling of Terminal Software
`(cid:99) Futures/Options Trading System
`i.
`Handling of Program Products (Terminal Basic Software)
`The trading participant shall conclude a license agreement with the software
`developer and thereby receive the provisioning of program products to be
`installed on the dealer-procured client.
`Handling of Middleware
`The trading participant shall conclude a rental agreement with the software
`developer and thereby receive the provisioning of middleware to be installed on
`the dealer-procured client.
`Furthermore, the trading participant shall directly pay the software developer by the
`
`prescribed due date for the program product usage charges (one-time expenses) and middleware
`rental charges (monthly expenses).
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`ii.
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`(cid:100) Stock (cid:152) CB System
`The trading participant shall conclude a sales agreement with the software developer and
`thereby receive the provisioning of middleware to be installed on the dealer client.
`Furthermore, the trading participant shall directly pay the software developer by the
`prescribed due date for the middleware fee (one-time expense).
`
`3. Handling of Maintenance
`
`The trading participant shall handle the maintenance of the dealer-procured client.
`
`Furthermore, the trading participant shall perform any reinstallation procedures, such as
`version upgrades, of the terminal software (including basic software, such as the operating
`system).
`
`4. Handling of Additions, Etc., of Terminals
`(1) Submission of Notifications, Etc.
`If a dealer-procured client is to be added, removed, or relocated, then the trading
`participant shall submit a prescribe notification in advance to the Exchange.
`(2) Work Arrangements for Additions, Etc.
`The trading participant shall make arrangements for work related to the addition, removal,
`or relocation of a dealer-procured client.
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`5. Prohibited Matters Related to Usage
`
`In the event that the trading participant utilizes a dealer-procured client, the Exchange
`shall not undertake the following actions:
`(1) use the terminal for a purpose other than trading on the Exchange;
`(2) install and use the terminal at a location other than the prescribed installation site; or
`(3) copy, reproduce, analyze, or the like—without permission—the software installed on
`the terminal.
`Furthermore, if the Exchange recognizes that there is a need, the Exchange shall, upon
`
`providing advance notification, be permitted to enter the installation premises to examine the
`usage situation and the like of the client.
`
`6. Other
`
`If it is desired to connect a specialized keyboard to the dealer-procured client, then the
`trading participant shall confirm in advance whether the keyboard is compatible with the client,
`and, the trading participant shall, separately, directly conclude a sales agreement and a
`maintenance contract with the developer/manufacturer of the keyboard.
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`III. Handling of Case Wherein the Trading Participant Purchases and Utilizes a
`Terminal (Server or Client) Provided by the Exchange
`
`1. Overview of Handling
`(1) With regard to terminals and terminal software, the trading participant shall directly
`conclude a sales agreement with the terminal developer/manufacturer, as described below.
`Futures/Options Trading System
`
`Terminals
`
`Sales agreement
`
`Program Products
`License agreement
`Stocks (cid:152) CB System
`Sales agreement
`
`
`Terminals
`Sales agreement
`
`
`Middleware
`(2) The Exchange shall provision middleware on terminals of the futures/options trading
`system to the trading participant by collectively concluding a rental agreement with the
`developer/manufacturer.
`(3) With regard to the maintenance of the terminal, the Exchange shall collectively conclude
`a maintenance agreement with the manufacturer in charge of maintenance, as described
`below.
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`Futures/Options Trading System
`
`Terminals
`
`Hardware maintenance agreement
`
` "
`
`
`Software maintenance agreement
`Stocks (cid:152) CB System
`Hardware maintenance agreement
`
`
`Terminals
`(4) The trading participant shall use a communication line between the terminal and the
`Exchange's central facility by way of the Exchange concluding a leased-line service
`contract with NTT or the like.
`Case: Use of Dealer Network
`
`If the trading participant wishes to utilize the dealer network in part of the
`communication line between the terminal and the Exchange's central facility, then the trading
`participant shall utilize the communication line between the Exchange's central facility and
`the [dealer] network by way of the Exchange concluding a leased-line service contract with
`NTT or the like.
`
`2. Handling of an Additional Installation of a Terminal and Communication Line
`
`With regard to the addition, relocation, or removal of a terminal and communication line,
`a prescribed written notification shall be submitted in advance to the Exchange, and the
`Exchange shall undertake the various arrangements based thereupon.
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`3. Handling of Expenses Borne
`
`The trading participant shall make payment by the prescribed due date for the expenses
`below to the Exchange or a prescribed vendor in accordance with the type and quantity of the
`service equipment.
`
`(1) Futures/Options Trading System
`(cid:99) Monthly Expenses
`Monthly expenses shall be paid to the Exchange.
`(cid:120) Charges for terminal middleware that the Exchange pays to the
`developer/manufacturer
`(cid:120) Terminal hardware maintenance fees paid by the Exchange to the company in
`charge of maintenance
`(cid:120) Terminal software maintenance fees paid by the Exchange to the company in
`charge of maintenance
`(cid:100) One-Time Expenses
`One-time expenses shall be paid by the trading participant directly to the vendor, etc.
`(cid:120) Expenses (including one-time expenses at the time of introduction) for purchasing
`a terminal (server or client)
`(cid:120) Usage fee for the terminal program products
`When Relocating a Terminal
`(cid:120) Expenses for the relocation of equipment based on a request from the trading
`participant
`When Removing a Terminal
`(cid:120) Expenses for the removal of equipment based on a request from the trading
`participant
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`(2) Stocks (cid:152) CB Trading System
`(cid:99) Monthly Expenses
`Monthly expenses shall be paid to the Exchange.
`(cid:120) Charges for terminal hardware maintenance that the Exchange pays to the
`company in charge of maintenance
`(cid:100) One-Time Expenses
`One-time expenses shall be paid by the trading participant directly to the vendor, etc.
`(cid:120) Expenses (including one-time expenses at the time of introduction) for purchasing
`a terminal (server or client) that are to be paid to the developer/manufacturer of
`the terminal
`When Relocating a Terminal
`(cid:120) Expenses for the relocation of equipment based on a request from the trading
`participant
`When Removing a Terminal
`(cid:120) Expenses for the removal of equipment based on a request from the trading
`participant
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`4. Handling of Maintenance
`
`The maintenance period of the terminal shall be 5 years from the date of introduction.
`However, even if within the maintenance period, the repair of defects due to an intentional act,
`negligence, or the like of the trading participant shall be dealt with by separate compensation.
`
`Furthermore, after the elapse of the maintenance period, [the trading participant] shall, in
`principle, replace the terminal with a new one on an ongoing basis.
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`5. Handling of Prohibited Matters in the Use of a Terminal
`
`The Exchange shall not undertake any of the following actions in the use of a terminal by
`a trading participant:
`(1) modify the original state of the terminal existing at the time it was provisioned, such
`as to connect the terminal to another apparatus;
`(2) use the terminal for purposes other than trading on the Exchange;
`(3) install the terminal at a location other than the prescribed installation site; or
`(4) copy, reproduce, analyze, or the like—without permission—the software installed on
`the terminal.
`
`Furthermore, if the Exchange recognizes that there is a need, the Exchange shall, upon providing
`advance notification, be permitted to enter the installation premises to examine the usage
`situation and the like of the terminal.
`
`End
`
`Going forward, there may be cases in which it becomes difficult for a terminal in use to
`
`be compatible because of, for example, the replacement of the Exchange's system. In that case,
`[the trading participant] shall replace the terminal with a new one.
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