BETWEEN CALLAHAN & ASSOCIATES, INC. ANDÂ PEER-TO-PEER SUBSCRIBER
Congratulations, you have chosen to subscribe to Peer-to-Peer, the leading online interactive financial analysis and performance comparison resource for credit union professionals. Peer-to-Peer is a product of Callahan & Associates, Inc. (Callahan) and is protected by copyright and applicable U.S. patent laws. The following information explains both the terms under which you may use Peer-to-Peer and the benefits you are entitled to by subscribing to the resource.
Please read the information carefully. By subscribing, you acknowledge that you agree to the terms of this subscription agreement.
1. Peer-to-Peer
Peer-to-Peer is the protected name for a internet-based resource made available for access via web browser from the p2psoftware.com or callahan.com web sites. Using call report data filed for the past several years with the National Credit Union Administration (NCUA), other government agency data, as well as proprietary data compiled by Callahan and Callahan partners, Peer-to-Peer enables users to evaluate the financial performance of any credit union in the United States with that of other institutions defined peer groups, and other analytical metrics.
In addition, Peer-to-Peer’s comparative data can be visually presented in multiple pre-defined graphs and reports designed exclusively for the program.
2. Subscription Terms
You have chosen a subscription to Peer-to-Peer with limited term access as specified on your subscription invoice from Callahan. Please remit payment to Callahan for the full invoice amount if you have not already done so.
3. Subscription Agreement
Your subscription entitles you to:
a. The use of Peer-to-Peer by all staff and current board of directors within your organization. Granting usage to any parties outside of staff and board of directors is strictly prohibited without prior written authorization from Callahan.
b. Three hours of support services are provided free of charge each year for organizations with an active subscription. Support services means any assistance accessing or running the program. Call toll free: 800-446-7453 for support service.
c. Use of the program, its graphs, reports, and content is only for the INTERNAL use of the subscribing organization. This means that your organization may use Peer-to-Peer’s graphing and report capability, for example, in internal management reports and presentations.
d. Receive automatic program enhancements during the period of your subscription. Program enhancements are generally applied automatically as website updates after development enhancements.
YOUR SUBSCRIPTION DOES NOT ENTITLE YOU TO:
a. TRANSFER OR RENT THE PROGRAM OR USE, COPY, MODIFY, REVERSE ENGINEER, OR MERGE THE PROGRAM, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED IN THIS AGREEMENT.
b. USE OR PUBLISH THE PROGRAM AND/OR ITS DATA, CHARTS AND REPORTS IN ANY PUBLICATION OR COMMUNICATION OR TO PROVIDE TO OR SELL ANY OF THE DATA, CHARTS AND/OR REPORTS TO OTHERS, OR TRANSFER THE PROGRAM TO ANY OTHER MEDIUM.
Peer-to-Peer contains data provided to NCUA by credit unions in their 5300 reports as well as other government-provided data and proprietary data calculated or collected by Callahan. The manner in which Peer-to-Peer compiles and presents the data, and the various charts, reports, and analysis which form the program are unique and were specially designed by Callahan to enable subscribers to compare the performance of credit unions.
The program is Copyrighted and may be accessed and used solely by individuals directly employed by the subscribing organization and only in the manner described in this agreement.
C. USE THE PROGRAM AND ITS DATA, CHARTS AND REPORTS FOR OTHER THAN INTERNAL SUBSCRIBER ORGANIZATION USAGE. PEER-TO-PEER ACCESS IS RESTRICTED TO THE DEVICES OWNED OR CONTROLLED BY THE INVOICED ORGANIZATION (SUBSCRIBER), THE SUBSCRIBERS CURRENTLY EMPLOYED STAFF, OR BOARD OF DIRECTORS.
Any data, charts, or reports produced by Peer-to-Peer may NOT be redistributed to other organizations without the expressed written authorization by Callahan. Other organizations that require access to the data must be subscribers of Peer-to-Peer. If written authorization is provided by Callahan to subscriber allowing non-internal organization distribution of Peer-to-Peer generated charts, reports, or data, the subscriber will prominently include the following copyright notice directly beneath the data generated from the program: “Callahan & Associates, Inc. – Produced by Peer-to-Peer”
These uses are prohibited. Any such use is a breach of the Agreement and cause for automatic termination of the subscription. Termination is in addition to and not in lieu of any other remedies to Callahan provided under the law to protect intellectual property, enforce agreements, and recover damages.
4.Limited Warranty
The financial data in Peer-to-Peer is data, which was provided to government agencies by financial institutions on their regular report submission processes. The data is presented as it was released by government agencies and was not independently verified by Callahan. Callahan cannot, therefore, guarantee its accuracy. The Peer-to-Peer application and the information contained on it are subscribed to “as is” with no warranties or representations, express or implied, concerning quality, performance, merchantability, or fitness for a particular purpose. Damages to Callahan are limited to a correction release of a defective version or to the amount you paid for the subscription. In no event shall Callahan be liable for any direct, indirect, special, incidental or consequential damages.
5. General
You and Callahan agree that:
a. This Agreement is the entire agreement between you and Callahan and supersedes any prior or contemporaneous understanding, representation or agreement, whether written or oral, that you may have received relating to any subject addressed in this Agreement. This Agreement cannot be changed or modified except in a writing signed by both you and Callahan. All future updates, enhancements and documentation provided by Callahan as part of your Peer-to-Peer subscription shall be deemed incorporated into this Agreement without further action.
b. This Agreement will be governed by and construed in accordance with the laws of the District of Columbia.
c. If any part of this Agreement is held to be invalid or unenforceable, that holding will not affect the validity or enforceability of any other part of this Agreement.
d. No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.
e. Any notices required or permitted to be given under this Agreement will be deemed given when mailed by postage prepaid first class or express mail or hand delivered to the other party. Any notices sent to Callahan should be sent to the person and address, which appears below. Notices to the organization subscribing to Peer-to-Peer will be sent to the person whose name and address appear in the original subscription invoice as the authorized user. The parties shall promptly notify each other in writing of any changes of address.
We hope you enjoy all the benefits of the Peer-to-Peer resource. We welcome any comments or suggestions for improvement.
Thank you,
Charles Filson
Callahan & Associates, Inc.,
1001 Connecticut Avenue, NW, Suite #1001,
Washington, DC 20036
(202) 223-3920
(Rev. 6/5/2013)
