MPORTANT READ CAREFULLY: This End-User License Agreement (EULA)
is a legal agreement between you (either an individual or a single entity) and
Ultimate Investment Property Tool Co. for the Ultimate Investment Property Tool
software product accompanying this EULA, which includes computer software and
may include associated media, and online or electronic documentation (SOFTWARE
PRODUCT). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you
agree to be bound by the terms of this EULA. If you do not agree to the terms of
this EULA, do not install, copy, or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and
international copyright treaties, as well as other intellectual property laws
and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1.GRANT OF LICENSE. This EULA grants you the following rights:
*SOFTWARE PRODUCT. You may install and use one copy of the
SOFTWARE PRODUCT, or any prior version for the same operating system, on a
single computer. The primary user of the computer on which the SOFTWARE PRODUCT
is installed may make a second copy for his or her exclusive use on a portable
computer.
2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
*Limitations on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or disassemble the
SOFTWARE PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
*Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT.
*Support Services. Technical support will be provided for the
SOFTWARE PRODUCT.
*No Other Uses. You may not use the SOFTWARE PRODUCT in any way
other than as expressly permitted under this EULA.
*Software Transfer. You may not transfer the SOFTWARE PRODUCT to
any person or entity.
*Termination. Without prejudice to any other rights, Real Estate
Informatics, Inc. may terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must destroy all copies of the
SOFTWARE PRODUCT and all of its component parts.
*Not For Resale Software. You may not resell, or otherwise
transfer for value, the SOFTWARE PRODUCT.
3.COPYRIGHT. All title and copyrights in and to the SOFTWARE
PRODUCT (including but not limited to any images and text incorporated into the
SOFTWARE PRODUCT), the accompanying electronic materials, and any copies of the
SOFTWARE PRODUCT are owned by Ultimate Investment Property Tool Co. The SOFTWARE
PRODUCT is protected by copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted
material. You may not copy the electronic text materials, if any, accompanying
the SOFTWARE PRODUCT.
4.U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
5.EXPORT RESTRICTIONS. You agree that neither you nor your
customers intend to or will, directly or indirectly, export or transmit (i) the
SOFTWARE PRODUCT or related documentation and technical data or (ii) your
software product as described in Section 1(b) of this License (or any part
thereof), or process, or service that is the direct product of the SOFTWARE, to
any country to which such export or transmission is restricted by any applicable
U.S. regulation or statute, without the prior written consent, if required, of
the Bureau of Export Administration of the U.S. Department of Commerce, or such
other governmental entity as may have jurisdiction over such export or
transmission.
6.DISCLAIMER OF WARRANTIES. Licensee acknowledges that Licensed
Software may contain errors and is not designed or intended for use in the
design, construction, operation or maintenance of any nuclear facility
("High Risk Activities"). Ultimate Investment Property Tool Co.
disclaims any express or implied warranty of fitness for such uses. Licensee
represents and warrants to Ultimate Investment Property Tool Co. that it will
not use the Licensed Software for High Risk Activities.
7.NO WARRANTY. THE SOFTWARE PRODUCT IS PROVIDED AS-IS, WITHOUT
WARRANTY OF ANY KIND, AND ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ULTIMATE INVESTMENT PROPERTY
TOOL CO., ITS DESIGNERS, ITS DEVELOPERS, ITS SUPPLIERS, OR ANY PARTY WHO
REPRESENTS THE SOFTWARE PRODUCT DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ULTIMATE INVESTMENT PROPERTY TOOL
CO., ITS DESIGNERS, ITS DEVELOPERS, ITS SUPPLIERS, OR ANY PARTY WHO REPRESENTS
THE SOFTWARE PRODUCT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, EVEN IF ULTIMATE INVESTMENT PROPERTY TOOL CO. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
MISCELLANEOUS
This EULA is governed by the laws of the state of New York.
DISCLAIMER
No investment advice is offered or provided in this software
product or in any publication or analytical tool created by Ultimate Investment
Property Tool Co. As always, it is necessary to consult a proper advisor for
advice regarding any investment decision. Use of the information contained in
this software product or in any report or analytic tool created by Ultimate
Investment Property Tool Co. is at the sole discretion of the user. Neither
Ultimate Investment Property Tool Co. nor its agents assume responsibility for
any loss, either direct or indirect, as a result of use of this software
product, as well as any information or analytic tool generated by Ultimate
Investment Property Tool Co. for any purpose.
Some of the information presented in this software was based on
information available at the time of writing and may be the opinion of the
writers. This software may also contain estimates, projections, charts, and
other illustrative calculations that should not be construed as a representation
of facts. Such information and calculations are deemed reliable but not
guaranteed, use this program at your own risk. All users and interested parties
are advised to independently verify all the information contained in this
software through personal inspection or with appropriate professionals
concerning his/her particular circumstances before making any decision.