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AGREEMENT. The service, "MicroMLS," is owned and operated by MicroMLS, Inc., (together, "MicroMLS”) and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. By accessing and using this service, you are deemed to have agreed to all such terms, conditions, and notices.
Please read the terms and conditions of this license agreement (the "License") before installing the computer software (the "Software"). By installing the Software you accept and agree to the terms of this License. This License constitutes the entire agreement concerning the Software and MicroMLS service between you and MicroMLS, Inc. and it supersedes any prior proposal or representation.
DEFINITIONS The term "Software" includes, and these terms and conditions also apply to, any updates modifications, upgrades to the Software that you may receive from time to time.
LICENSE GRANT This License permits you to use one copy of the Software solely for your internal operations. The documentation ("Documentation") may not be copied. You agree that you will not sublicense, assign, transfer, pledge, lease, rent or share your rights under this License except with prior written permission from MicroMLS, Inc. You agree that you will not modify, adapt, disassemble, decompile, reverse engineer, translate or otherwise attempt to discover the source code of the Software.
RIGHTS You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of MicroMLS, Inc. under international copyright law and disclosed to you by MicroMLS, Inc. in confidence. You shall take all reasonable steps to safeguard the Licensed Products. MicroMLS, Inc. owns and will retain all copyright, trademark, trade secret and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License. In the event that you fail to comply with any terms and/or conditions hereof, this License shall terminate automatically and MicroMLS, Inc. shall be entitled to all remedies in accordance with applicable law.
LIMITATION OF LIABILITY Under no circumstances shall MICROMLS, INC. its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys' fees), whether in an action of contract, negligence or other tortuous action, that result from the use of, or the inability to use, any information available on this service, even if MICROMLS, INC. has been advised of such damages. If you are dissatisfied with any MICROMLS, INC. information or other materials, or with any of the terms and conditions contained in this website, your sole and exclusive remedy is to discontinue using MicroMLS.. If MICROMLS, INC. or any of its third-party providers are found liable in connection with a claim arising out of or related to the services or the Information, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from MICROMLS, INC. or its third-party providers. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
RESTRICTIONS ON USE All information distributed by MicroMLS including, but not limited to, images, listing information, ("Information") are protected by copyright, and owned or controlled by third-party providers, or MicroMLS. You must access the information only via the MicroMLS program on a PocketPC, and not programmatically or by other automated means. You may not use the information for any unlawful purpose.
GENERAL This agreement shall be governed by the laws of California.
CONTACT Use of the Software for any other purpose requires that you have entered into a separate license agreement with MicroMLS, Inc.. Please e-mail info@micromls.com for further information.
ACCURACY OF INFORMATION While the information is believed to be accurate, none of the information supplied should be considered solely reliable for use in making actual real estate decisions. MicroMLS, Inc. is a distributor (and not a publisher) of content supplied by third parties. None of the information distributed is guaranteed to be accurate, complete, useful or timely. MicroMLS, Inc. and its third-party providers do not warrant or guarantee such accuracy, completeness, usefulness or timelines. MicroMLS, Inc. may make improvements and/or changes in the Information and/or the services at any time. And while it is unlikely, this service may cease publication at any time.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO MICROMLS, INC. CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY MICROMLS, INC. THROUGH THE MICROMLS SERVICE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MICROMLS, INC. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. MICROMLS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MICROMLS, INC. SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MICROMLS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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