End user agreement for RECM for Microsoft Outlook
LIMITED LICENSE AGREEMENT for the use of the software REAL ESTATE CLIENT MANAGEMENT ("REAL ESTATE CLIENT MANAGEMENT")
1. Subject of the Agreement
This limited license agreement for the use of the software REAL ESTATE CLIENT MANAGEMENT (this "Agreement") is entered into between Nick Coleman, LLC ("RECM") and you, the end-user (the "Licensee" or "You").
The Agreement is made effective beginning on the date on which you, the Licensee, first download, install, load or otherwise use REAL ESTATE CLIENT MANAGEMENT.
By downloading, installing, loading or otherwise using REAL ESTATE CLIENT MANAGEMENT you, the Licensee, agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using REAL ESTATE CLIENT MANAGEMENT. Section 13 below describes the data RECM may use to provide services and support to you in connection with REAL ESTATE CLIENT MANAGEMENT. If you do not agree with the terms and conditions set forth in this Agreement, you are not authorized to use REAL ESTATE CLIENT MANAGEMENT. IF YOU INSTALL REAL ESTATE CLIENT MANAGEMENT, the terms and conditions of the Agreement are fully accepted by you.
2. Grant of Limited License
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, RECM hereby grants to Licensee a limited, personal, non-transferable and non-exclusive right (the "License") during the Term, as defined below, to use REAL ESTATE CLIENT MANAGEMENT in accordance with the instructions provided in this agreement. Your license is terminated immediately if you attempt to circumvent the copyright protection measures for REAL ESTATE CLIENT MANAGEMENT.
3. Intellectual Property Rights
REAL ESTATE CLIENT MANAGEMENT and all copyrights, trademarks, and all other intellectual property rights related thereto are owned by RECM and are protected by United States of America and international copyright law and other applicable law. Licensee shall have no ownership or intellectual property rights in or to REAL ESTATE CLIENT MANAGEMENT, including, without limitation, all copyrights related thereto.
4. Reservation of Rights
RECM expressly reserves all rights not granted in this Agreement. You are not receiving any right or license hereunder to copy, distribute, publicly perform, display or make any other use of the REAL ESTATE CLIENT MANAGEMENT, or any element thereof, or the trademarks RECM, REAL ESTATE CLIENT MANAGEMENT, REAL ESTATE CLIENT MANAGEMENT FOR MICROSOFT OUTLOOK or any other trademark of RECM or any other company.
5. Software Use Restrictions
Any use by Licensee of REAL ESTATE CLIENT MANAGEMENT not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement by Licensee.
This prohibition includes (but is not limited to):
- to copy, reproduce, manufacture or distribute (free of charge or otherwise) REAL ESTATE CLIENT MANAGEMENT, in whole or in part, in any media;
- to transfer, sell, sublicense or lease any rights in and to REAL ESTATE CLIENT MANAGEMENT to third parties;
- to use REAL ESTATE CLIENT MANAGEMENT contrary to morality or applicable law;
- to modify REAL ESTATE CLIENT MANAGEMENT or create any derived
- decompile, reverse engineer or disassemble REAL ESTATE CLIENT MANAGEMENT.
Licensee shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by RECM on or within REAL ESTATE CLIENT MANAGEMENT.
6. Term and Termination
The term of this Agreement and the license granted herein begin on the date on which you first download, install, load or otherwise use REAL ESTATE CLIENT MANAGEMENT and shall expire, without notice to you or any other notice, when REAL ESTATE CLIENT MANAGEMENT is removed from the market.
30 Trial Period License: You are granted the right to use REAL ESTATE CLIENT MANAGEMENT for up to 30 days without purchase of a full license. If you do not purchase the within the first 30 days following installation of REAL ESTATE CLIENT MANAGEMENT, you agree to uninstall and remove REAL ESTATE CLIENT MANAGEMENT from your system.
Licensor may revoke or terminate this License at any time, for any reason or no reason, in its sole discretion. Notwithstanding anything to the contrary herein this Agreement and the License granted to you herein shall immediately terminate, without the requirement of any notice from RECM to Licensee, upon Licensee's failure to comply with or breach of any term or provision of this Agreement.
Upon the termination or expiration of this Agreement, any and all rights of Licensee hereunder shall terminate without prejudice to any rights or claims Licensee shall have no right to use REAL ESTATE CLIENT MANAGEMENT in any manner. Licensee shall immediately destroy all copies of REAL ESTATE CLIENT MANAGEMENT in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in RECM.
Termination or expiration of this Agreement shall not create any liability against RECM and shall not relieve Licensee from any liability which arises prior to termination or expiration.
7. Exclusion and Limitation of Liability
Under the terms of this Agreement, RECM's liability is hereby excluded and limited to the largest extent legally possible.
RECM INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL RECM BE LIABLE FOR ANY DAMAGES, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF RECM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Disclaimer of Warranties
RECM provides REAL ESTATE CLIENT MANAGEMENT to the Licensee "as is" and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. RECM does not warrant that REAL ESTATE CLIENT MANAGEMENT or the operation thereof will be free of error or that REAL ESTATE CLIENT MANAGEMENT will meet special requirements of the Licensee. No oral or written information or advice given to the Licensee by RECM and/or any RECM employee, representative or distributor will create a warranty for REAL ESTATE CLIENT MANAGEMENT, and the Licensee may not rely on any such information or advice. RECM recommends that you back up your computer system before installing Real Estate Client Management.
RECM provides minimal support for REAL ESTATE CLIENT MANAGEMENT. Please do not call or send email to RECM regarding REAL ESTATE CLIENT MANAGEMENT, as RECM will not be able to respond or answer these inquiries.
10. Licensee's Warranties and Indemnification
Licensee warrants and represents that:
a) Licensee has full legal rights and authority to enter into and become bound by the terms of this Agreement;
b) Licensee has full legal rights and authority to exercise Licensee's rights granted herein and to comply with Licensee's obligations hereunder;
c) Licensee will comply, at all times during the Term, with all applicable laws.
Licensee hereby agrees to indemnify, defend, and hold harmless RECM and/or their successors, assigns, officers, directors, employees, agents, representatives and licensees (but not including Licensee) from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by Licensee.
11. Breach of the Agreement
In the event of a breach of this Agreement by RECM, Licensee's sole remedy shall be to terminate this Agreement by delivering written notice of termination to RECM.
In the event of a breach by Licensee of this Agreement, RECM may pursue all remedies to which RECM is entitled under applicable law and/or this Agreement.
Licensee agrees that Licensee's unauthorized use of REAL ESTATE CLIENT MANAGEMENT, or any part thereof, may immediately and irreparably damage RECM such that RECM could not be adequately compensated by a monetary award, and in such event, and at RECM's option, RECM shall be entitled to an injunctive order, in addition to all other remedies available including a monetary award, to prohibit such unauthorized use, without the necessity of RECM posting bond or other security.
12. Copyright Protection
REAL ESTATE CLIENT MANAGEMENT uses license key protection technology. REAL ESTATE CLIENT MANAGEMENT may install additional components required for proper functionality of the copyright protection. RECM reserves the right to periodically release new versions of the software which you will need to acquire a new license. If Your License is not valid you may not be able to use REAL ESTATE CLIENT MANAGEMENT. The first end user of this License can install and authenticate REAL ESTATE CLIENT MANAGEMENT on a set number of machines. If you disable or otherwise tamper with the copyright protection measures, REAL ESTATE CLIENT MANAGEMENT will not function properly.
13. CONSENT TO USE OF PERSONAL DATA
TO FACILITATE THE COPYRIGHT PROTECTION MEASURES, THE PROVISION OF SOFTWARE UPDATES, ANY DYNAMICALLY SERVED CONTENT, PRODUCT SUPPORT AND OTHER SERVICES TO YOU, YOU AGREE THAT RECM AND ITS AFFILIATES (OR SUBCONTRACTORS ON THEIR BEHALF) MAY COLLECT, USE, STORE AND TRANSMIT TECHNICAL AND RELATED INFORMATION THAT IDENTIFIES YOUR COMPUTER (INCLUDING AN INTERNET PROTOCOL ADDRESS AND HARDWARE IDENTIFICATION), OPERATING SYSTEM AND APPLICATION SOFTWARE AND PERIPHERAL HARDWARE. RECM AND ITS AFFILIATES MAY ALSO USE THIS INFORMATION IN THE AGGREGATE, IN A FORM WHICH DOES NOT PERSONALLY IDENTIFY YOU, TO IMPROVE OUR PRODUCTS AND SERVICES AND WE MAY SHARE ANONYMOUS AGGREGATE DATA WITH OUR THIRD PARTY SERVICE PROVIDERS.
14. General Provisions
This Agreement constitutes the entire understanding between Licensee and RECM regarding the subject matter hereof.
This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between RECM and Licensee. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.
RECM may at any time revise and alter the version of REAL ESTATE CLIENT MANAGEMENT and require the user to purchase a new license for the new version of REAL ESTATE CLIENT MANAGEMENT.
This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded.
If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement.
This Agreement shall bind and inure to the benefit of RECM, its successors and assigns, and RECM may assign its rights hereunder, in RECM's sole discretion. This Agreement is personal to Licensee, and Licensee shall not sublicense, assign, transfer, convey nor franchise its rights granted hereunder.
Place of performance of this Agreement is Utah, United States of America.
If the Licensee is defendant, RECM might, if admissible, determine as court of jurisdiction the court where the Licensee is resident or the court competent for the corporate domicile of RECM which currently is in Utah, United States of America. If RECM is the defendant the parties expressively agree on the exclusive jurisdiction of the courts of Utah, United States of America. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement.
The provisions of this Agreement shall survive cancellation, expiration or termination of this Agreement.
BY ACCEPTING BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.