NSP – (GB) – 4th supplement – Base Prospectus (17.12.2008)

1. Introduction +

The purpose of the Site is to provide information on the Equity Derivatives Department of NATIXIS CIB. Navigation on this Site is subject to the regulations in force and to these general terms and conditions of use.

By using the Site, you are deemed to accept the general terms and conditions of use.

This Site, its content (the “Content”) and the relations between NATIXIS and any person accessing this Site are governed by and construed in accordance with applicable law.

NATIXIS reserves the right to change or modify these general terms and conditions of use at any time. Any modifications to the general terms and conditions of use will take effect upon their publication on the Site.

2. Warning regarding services and products presented on the Site[MA10.1][M10.2][CN10.3] +

No information appearing on this Site shall be considered as an offer of services or products, in particular banking or insurance products, research or analysis, from NATIXIS, nor as an offer or the solicitation of an offer to buy or sell securities or any other investment product. [Any person wishing to obtain any of the services or products presented here is requested to contact the relevant department to inquire about the availability of the service or product in question as well as the contractual conditions and rates applicable to it.]

Access to the products and services described on this Site may be subject to restrictions with respect to certain persons or in certain countries[CN11.1][M11.2]. None of the products or services presented here will be provided by NATIXIS to a person if the law of their country of origin, or of any other country that would concern them, prohibits it. You are requested to ensure that you are legally authorized to connect to this Site in the country from which the connection is established.

NATIXIS endeavors to ensure the accuracy and updating of the information broadcast on its Site, the content of which it reserves the right to correct, at any time and without notice. However, NATIXIS cannot guarantee its completeness or the absence of modification by a third party (virus, intrusion). Furthermore, it declines all liability in the event of error or omission in this information. It is the responsibility of any interested person to verify the information made available and to make appropriate use of it.

NATIXIS declines all liability for the use that will be made of the information provided on the Site. The Site is provided to you on an “as-is” and “state-of-the-art” basis and is accessible according to its availability, NATIXIS being in no way responsible for any transmission difficulty or any network disruption.

NATIXIS makes no warranty, express or implied, including but not limited to, that the Site will meet your expectations, now and in the future, nor does it guarantee that it will be uninterrupted, timely, secure, or free of error, or that the results that may be obtained by using the Site will be accurate and reliable, now and in the future.

NATIXIS in no way guarantees the quality and/or legality of Content not created by NATIXIS, and disclaims all liability for any disputes, actions, or remedies of third parties claiming, including but not limited to, proprietary rights over said Content and/or its use.

No advice or information, whether oral and/or written and/or video, obtained by you when using the Site shall create any warranty or liability not expressly provided for.

Any deliberate misuse of any element of the Site (including, in particular, hacking, introducing viruses, disruption, excessive or unlawful use under applicable law) is expressly prohibited.

3. Changes to the conditions of use +

Natixis reserves the right to amend or change, at any time and without prior notice, the contents of this Website or these conditions of use. These changes will take effect from the time they go online on the Website. Users are therefore invited to consult the latest online version of the Website. The user’s presence on the Website implies full acceptance of any revisions or changes.

4. Availability of the Website +

Access to the Website is free. The costs of accessing and using the telecommunications network are charged to the user in accordance with the methods established by the parties supplying access and by telecommunications operators. Natixis shall endeavour to keep the Website available at all times. However, Natixis accepts no responsibility for this and will not provide compensation in the event of an interruption of operation or temporary, extended or permanent unavailability of the Website for any reason whatsoever.

5. Hypertext links +

This Website may contain links to other websites from third parties and consequently allows access to external information which has been produced and supplied by third parties independent of Natixis. Natixis has no connection to or influence over these websites and refers to them solely to provide information on the location and content of such sites. The publication of these links by Natixis does not represent a solicitation, authorisation, promotion or involvement by Natixis in these websites, their owners or the persons responsible for these sites. Natixis has not verified the information, software, or products of these third party websites. Natixis is therefore not responsible for the content of these websites. The site owners or persons responsible are liable for the respective sites. These individuals assume responsibility for the content of their sites. Natixis shall immediately remove the links of websites for which infringements are noted. Natixis is not responsible for losses incurred by the use of the information made available. Generally, it is the user’s responsibility to take the necessary steps to ensure that the selected Website is not infected by any virus or any other destructive bug. Under no circumstances may Natixis be held responsible for direct or indirect damage stemming from the use of its Website or other related sites.

6. Intellectual property +

This Website is protected in France by the Code de la Propriété Intellectuelle (French Intellectual Property Code) and outside France by the prevailing international copyright conventions. Reproduction of all or part of this site, by any means, is strictly prohibited except with the express authorisation of Natixis. Any breach of copyright is an infringement of intellectual property rights and subject to the penalties of five years’ imprisonment and a fine of 500,000 euros under article L. 335-2 of the French Intellectual Property Code. Natixis is the owner of the rights and all component elements of this site, any of its pages and any information published therein. The content of this Website is protected by the French Intellectual Property Code. Users of this Website are therefore prohibited from reproducing (in whole or in part), selling, changing, or using in any way, whether free of charge or for payment, the contents of the Website without the prior written authorisation of the Publishing Director. Furthermore, the creation of hypertext links to this Website is subject to the prior express agreement of Natixis.

7. Cookies +

Hypertext links: Natixis shall not, under any circumstances, have any liability for hypertext links established to other sites from Natixis.com. Natixis shall not have any liability for the content or any damages incurred from visiting sites through hypertext links from the Website. The user visits other sites at its own liability and risk. Cookies: The user is informed that during visits to the Website, a cookie may be automatically installed and temporarily saved in the memory or on the user’s hard drive. A cookie does not identify the user but it does record information relating to the user’s browsing on the Website. They may deactivate the cookie by changing their browser’s settings.

8. Safeguarding your personal data +

It should be noted that the confidentiality of any correspondence is not guaranteed on the network; it is each user’s responsibility to take all appropriate measures to protect their data and/or software from any viruses circulating online. It should also be noted that fraudulently accessing or maintaining a computer system, hindering or distorting the operation of such a system, or fraudulently introducing or amending data on a computer system is an offense that is subject to criminal penalties.

9. Third-Party Information +

Specific terms of use for market data provided by a third-party provider, TPICAP (Licensed Structured Product: Parameta Solutions Swap Rate Index (EUR) and Parameta Solutions Swap Rate Index (USD)) Certain market data, including index data and other financial information (hereinafter the “Data”) made available on this website, are provided by TPICAP and its affiliates. This Data is subject to the following specific terms and conditions, which you agree to comply with by using this website:

Limited Use of Data: The Data is provided to you for informational purposes only, for personal and non-commercial use, on a delayed basis (D+1), with no downloading permitted. Any other use is expressly prohibited. In particular, you are prohibited from, including but not limited to, accessing, using, copying, extracting, altering, manipulating, licensing, redistributing, or disseminating the Data for any other purpose or in any other manner whatsoever.
Limitation of Recourse: You agree not to bring any action or claim regarding the Data accessed through this website directly against TPICAP and its affiliates.
Disclaimer of Warranty: The Data is provided “as is” and “as available”. TPICAP makes no warranty regarding the availability, update frequency, accuracy, completeness, or timeliness of the Data. TPICAP shall not be held liable for any interruption in the provision of the Data.
Intellectual Property Rights: All proprietary rights, including intellectual property rights, in and to the Data, are and shall remain the exclusive property of TPICAP. No ownership rights in the Data are transferred to you.