End User License Agreement (EULA)
Interest Rate Swaps for the General Bond Practitioner:
Basic Structures, Documentary and State Law Issues
(NABL Member Download Edition)
Copyright © 2009 - National Association of Bond Lawyers (and its licensor(s) referred to herein)
All Rights Reserved
The use of your copy of Interest Rate Swaps for the General Bond Practitioner: Basic Structures, Documentary and State Law Issues (the “Book”), published by the National Association of Bond Lawyers (“NABL”), is subject to the following End User License Agreement (“EULA”), to which you must agree as part of the download process, and to which you shall be deemed to have agreed by clicking the “ACCEPT” button on the NABL website enabling you to download the Publication for the uses as described in this EULA.
BY DOWNLOADING THE PUBLICATION YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. DOWNLOADS OF THE PUBLICATION ARE PERMITTED ONLY TO NABL MEMBERS AND, BY ACCEPTING A DOWNLOAD OF THE PUBLICATION, YOU REPRESENT THAT YOU ARE A MEMBER IN GOOD STANDING OF NABL.
1. Definitions. In addition to the terms defined elsewhere herein: “Publication” means the “pdf” form of the Book downloaded from the NABL website, the single printed version therefrom as permitted by this EULA, and any and all parts of the foregoing. “Use” or “Using” means to download the Book from the NABL website and print a single copy of the Publication for physical, individual use subject to the provisions of this EULA.
2. License. As long as you comply with the terms of this EULA, you are granted a non-exclusive, non-transferable license to Use the Publication subject to the terms of this EULA. This license is solely for downloading the Publication from the NABL website and printing a single copy for individual use. No other uses are permitted.
2.1. You may download a single copy of the “pdf” Publication file on your computer for the sole purpose of printing a single paper copy for the purposes authorized in this EULA. However, you may not make the Publication or sections thereof available on any public network, web server, E-mail server, FTP or Peer-to-Peer network in any form. This means that transferring the Publication onto any web server or public network, even without the presence of the file being publicized, is not permitted, nor is the E-mailing or other transfer of the Publication permitted by any means.
2.2 Publication and print-on-demand. You may not submit the Publication, in whole or in part, to any publishing or print-on-demand service of any form. The publication rights for the book remain solely with NABL, and you have no license to reproduce, publish or resell or reconvey the Publication, either electronically or in printed form.
2.3. Single Printout. You may use the PDF Publication file to produce only one (1) physical printout of the Publication on paper via computer. Otherwise, you may not reproduce the Publication in any manner nor transfer or sublicense title to the Publication to any other party, without the prior written permission of NABL and its licensor(s) in each instance.
3. Intellectual Property Rights. The Publication and any copies that you are authorized by NABL to make are the intellectual property of and are owned by NABL and its licensor(s). The contents of the Publication, both in text and artwork, are the valuable trade assets of NABL and its licensor(s). The Publication is protected by copyright, including without limitation by United States, state, and international copyright law, international treaty provisions and applicable laws in any applicable country. You may not copy or print the Publication, except for the printing of a single copy of the Publication as set forth in Section 2. You are not permitted to modify the Publication in any manner, including without limitation any removal or modification of the copyright information and notices included therein. This Agreement does not grant you any intellectual property rights in the Publication or contents thereof.
4. Transfer. You may not rent, lease, sublicense or transfer all or any portion of the Publication nor permit the Publication to be reproduced in any manner (whether in electronic, printed or other form).
5. Use for Commercial Gain. You may not use the Publication or printouts, extractions or artwork therein for the furtherance of commercial training or education in any public or semi-public forum, nor may you use the Publication or any part thereof as part of a course or handouts for clients or others. You may not reproduce the Publication or any part thereof for lecture slides, PowerPoint (or comparable) presentations, etc., nor may you sell or otherwise transfer copies of the material. Without limiting any of the other provisions of this EULA, you are prohibited from making any written reference to the Publication without attribution to NABL and its licensor(s).
6. Use for policy documentation. You may not use the Publication as part of a policy document, nor in any legal claim or dispute.
7. Disclaimers. Your Use of the Publication is subject to the understanding that the Publication is not provided as advice concerning the structural, legal, documentary, economic, tax, bankruptcy, disclosure and other issues applicable to the matters subject of the Publication. There is no warranty or assurance that the Publication will be free of error nor that it will meet your requirements and the Publication is provided “as is” without warranty of any kind, either express or implied.
7.1 NEITHER NABL NOR ITS LICENSOR(S) MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION AND NABL, ON BEHALF OF ITSELF AND ITS LICENSOR(S), SPECIFICALLY DISCLAIMS ANY WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL NABL OR ITS LICENSOR(S) BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF NABL OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
9. Licensor(s). Subject to the following sentence, the Publication and all Annotations to the Annexes forming a part thereof are the property of NABL subject to the copyright and other notices and disclaimers included in the Publication. Copyright © 2009 National Association of Bond Lawyers – All Rights Reserved. All references in this EULA to “licensor(s)” shall include the International Swaps and Derivatives Association, Inc. (ISDA®), inasmuch as the Annexes forming a part of the Publication (apart from such NABL Annotations thereto) are the property of ISDA® provided under a non-exclusive license from ISDA® to NABL and subject to the copyright and other notices and disclaimers included in the Publication. Copyright © 1992-2009 International Swaps and Derivatives Association – All Rights Reserved.
10. General. This EULA constitutes the entire agreement between you and NABL concerning the Publication. This EULA will be governed by and construed in accordance with the internal laws in the State of Illinois and, where applicable, the federal laws of the United States and international copyright law. NABL and its licensor(s) reserve all rights relative to the Publication not expressly granted in this EULA.
August 2009
National Association of Bond Lawyers
230 W Monroe Street, Suite 320
Chicago, IL 60606-4715