 |
||
| RealtyJuggler.com | About Us | Contact Us | News | Sign In | ||
| ||||||
Please read this license ("Software License Agreement") carefully before downloading, using or installing this software. If you do not agree with the License, THEN DO NOT DOWNLOAD, USE, OR COMPLETE INSTALLATION OF THIS SOFTWARE. If you obtained this software in a tangible form (such as a CD) and you do not agree with the License, please return the CD, and other items (including manual) to the place where you obtained them for a full refund.
BY INSTALLING AND USING THIS SOFTWARE YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT.
Software License
Subject to your compliance with this Software License Agreement and except
as provided otherwise herein, RealOrganized, Inc. grants you a non-exclusive
and non-transferable right to use the Software provided herewith. Software is defined to include, associated documentation,
media as well as printed and online materials from RealOrganized, Inc. If software is provided in executable form, you have the right to
reproduce, and distribute the executable for your personal use with the limitations
described herein. If you purchased
a non-subscription Software License, you may use your licensed Software indefinitely,
subject to the limitations described herein.
If software is provided as a subscription service, you have the right to access the web site and associated data as long as your subscription is active. You must pay your subscription fee in
advance to maintain an active subscription.
Subscription
Some RealOrganized, Inc. products are sold on a subscription basis. For these
products, subscriptions are sold by period, with the specific duration specified
at point of purchase. RealOrganized, Inc. may, at its discretion, change the subscription fees from
time to time. However, existing subscriptions will never have their rate raised above that which was first used when the initial subscription was purchased. RealOrganized, Inc. reserves
the right to suspend or terminate your subscription without notice upon rejection
of your credit card charge, or if your card issuer (or its agent or affiliate)
seeks return of payments previously made to RealOrganized, Inc., when RealOrganized,
Inc. believes you are liable for the charges.
Subscription Cancellation
All subscription purchases are final. You may discontinue your subscription by choosing not to pay the renewal fee. This will cause your subscription to expire. Refunds are not issued. A cancelled subscription
can be reactivated without loss of data, if you reactivate your subscription
within 1-year of your cancelled subscription. Lapsed subscriptions can be accessed read-only for at least 1-year after a subscription has expired.
Per-User Software License
This Software is licensed on a per-user basis. A single account or Unlock Code
permits the use of the software by one individual. You may
not make the Software available to third parties or permit anyone else to
do so. You may not lease, rent or lend licensed copies or subscriptions of the Software
to third parties. You may not redistribute your Unlock Code or subscription access password.
Copyright & Trademark
Copyright 2004-2006 RealOrganized, Inc. and its licensors. All Rights Reserved.
The Software, web site, and all associated documentation and materials are
protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. RealOrganized, RealtyJuggler
and the phrase "Organizational Software for Real Estate" are trademarks
(TM) of RealOrganized, Inc. in the United States and other countries. These
trademarks may not be used for commercial purposes without the prior written
consent by RealOrganized, Inc.
Intellectual Property
Except as expressly stated herein, this Software License Agreement does not
grant you any intellectual property rights in the Software. All
rights not specifically granted in this License, including Federal and International
Copyrights, are reserved by RealOrganized, Inc. The Software and any copies
are the intellectual property of and are owned by RealOrganized, Inc. The structure,
organization and code of the Software are valuable trade secrets and confidential
information of RealOrganized, Inc. You may not modify, adapt or translate
this software. The software must remain complete and unmodified. You may NOT
alter, decompile, disassemble, or reverse engineer the software, or otherwise
attempt to discover the source code of the Software except to the extent you
may be expressly permitted under applicable law.
Nontransferable
You may not rent, lease, sell, sublease, assign or transfer your rights in
this software, or authorize any portion of the software to be copied into
or accessed from another individual's or legal entities' computer except
as permitted herein. You may not transfer or assign this Software License
Agreement without prior written permission of RealOrganized, Inc.
Updates
If the Software is an update or upgrade to a previous version of this Software,
you must posses a valid license to such previous version in order to use
such an update or upgrade. All upgrades are provided on a license exchange
basis. Upgrades may be licensed to you by
RealOrganized, Inc. with additional or different terms. Subscription licenses are automatically updated free-of-charge.
Termination
RealOrganized, Inc. may
terminate this License immediately should this software, in whole or in part,
become, or in RealOrganized, Inc's reasonable discretion
be likely to become, the subject of a claim of infringement of any intellectual
property right. Upon termination, you must destroy all copies of such Software.
RealOrganized, Inc. retains all right, title and interest, including all copyright
and intellectual property rights, in and to, the software.
Export Restrictions
You agree to comply with all applicable laws and regulations of the various states
and of the United States and other countries that relate to this Agreement.
You agree to comply with the U.S. Export Administration Regulations and such
other laws, regulations, or requirements as may apply to your receipt, re-export
and use of the hardware, software, and technology provided to you. This provision
shall survive the termination of this contract.
Technical Support
RealOrganized, Inc. offers 90 days technical
support for purchased products. Subscription products have technical support
as long as long as the customer's subscription is active. Technical support
is provided for products used on a free-trial basis as long as the free trial
is active.
Warranties
Your exclusive remedy under this
paragraph shall be, at RealOrganized, Inc's option, a refund of the purchase
price of
the product containing the Software or replacement of the Software which is
returned to RealOrganized with a copy of the receipt. If the Software was purchased
in
download form or is offered as a subscription service, no Limited Warranty on
Media is given.
You expressly acknowledge and agree that use of the Software is at your sole risk. Except for the warranty on media, the Software is provided "AS IS" and without warranty of any kind and RealOrganized, Inc. expressly disclaim all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non infringement of third party rights. RealOrganized, Inc. does not warrant that the functions contained in the software will meet the requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. Furthermore, RealOrganized, Inc. does not warrant or make any representations regarding the use or the results of the use of the software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advise given by RealOrganized, Inc. shall create a warranty or in any way increase the scope of this warranty. Should the software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
You shall indemnify and hold harmless RealOrganized, Inc. from and
against any claims or lawsuits, including attorney's fees, that arise or result
from the use this software. RealOrganized, Inc. expressly disclaims all warranties,
including but not limited to warranties of fitness for a particular purpose and
warranties of merchantability. In no event will RealOrganized, Inc., its affiliates
or other suppliers be liable for direct, special, incidental, or consequential
damages (including, without limitation, damages for loss of business profits,
business interruption, loss of business information or other pecuniary loss)
arising directly or indirectly from the use of this software, even if RealOrganized,
Inc. has been advised of the possibility that such damages may arise. Under no
circumstances, including negligence, shall RealOrganized, Inc. be liable
for any incidental, special, indirect or consequential damages arising out
of or relating to this license. Some jurisdictions do not allow the limitation
of
incidental or consequential damages so this limitation may not alloy to you.
In no event shall RealOrganized, Inc's total liability to you for all damages
exceed the amount that you paid for the Software.
Governing Law; Jurisdiction; Venue
You agree that all matters relating to your access to or use of the Site, including
all disputes, will be governed by the laws of the United States and by the
laws of the State of Colorado without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction by and venue in the state
and federal courts in Laramir County, Virginia, and waive any objection to
such jurisdiction or venue. Any claim must be brought within one (1) year after
the cause of action arises, or such claim or cause of action is barred.
Arbitration
Any controversy or claim arising out of or relating to this contract or breach
thereof shall be settled by arbitration in accordance with the Rules for
Binding Better Business Bureau (BBB) Arbitration, and the judgment upon the
award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. Disputes alleging criminal or statutory violations are precluded
from arbitration proceedings; Decisions reached by the arbitrator(s) will
be based on standards of fairness and/or application of the law. This Agreement
to Arbitrate affects important legal rights, such as filing suit, and unless
this arbitration clause is executed by customer initial or signature, the
Agreement to Arbitrate is not mandated and therefore consent to arbitrate
must be obtained prior to seeking resolution to any dispute. There will be
no cost to the customer or the business for use of this service if the business
is a BBB Member. If the business is a non-BBB Member, the business alone
will be responsible for associated costs of this service. Further information
about the arbitration process can be obtained by contacting the BBB of Metro
Washington at 202-393-8015.
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by RealOrganized, Inc.
Last Modified: July 12, 2007
| Privacy | Security | Terms and Conditions | Links | ||
|
