SOFTWARE LICENSE AGREEMENT: CPTREALTY REALTY LISTING SOFTWARE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE PRODUCT.
-
Single User License Grant: Costa Pacific Technologies ("CostaPacific") and its suppliers grant to Customer ("Customer") a nonexclusive and
nontransferable license to use the CostaPacific software ("Software") in object code form solely on a single location on a hard disk or
other server for which Customer has paid a license fee ("Permitted Number of Installations"). At CostaPacific's option, CostaPacific may
terminate this license for failure to pay the required license fee.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and
proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION;
MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE,
DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade
secrets and/or copyrighted material of CostaPacific. Customer agrees not to disclose, provide, or otherwise make available such trade
secrets or copyrighted material in any form to any third party without the prior written consent of CostaPacific. Customer agrees to
implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall
remain solely with CostaPacific.
-
Customer agrees to allow CostaPacific to list websites implementing the software for purposes of marketing and/or display of function.
- All customers must include the URL where
cptRealty will be used when ordering
-
LIMITED WARRANTY. CostaPacific warrants that for a period of ninety (90) days from the date of purchase from CostaPacific: the Software
substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends
only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of CostaPacific and its suppliers under this
limited warranty will be, at CostaPacific's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to
the party supplying the Software to Customer. In no event does CostaPacific warrant that the Software is error free or that Customer will be
able to operate the Software without problems or interruptions.
-
This warranty does not apply if the software (a) has been altered, except by CostaPacific, (b) has not been installed, operated, repaired, or
maintained in accordance with instructions supplied by CostaPacific, (c) has been subjected to vast changes in the code.
- DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT
ALLOWED BY APPLICABLE LAW.
-
IN NO EVENT WILL CostaPacific OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CostaPacific OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. In no event shall CostaPacific's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or
otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential
purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
- PAYMENT
ONCE PAYMENT HAS BEEN MADE VIA CHECK OR ONLINE VIA PAYPAL, YOU HAVE
CONSENTED TO OWN THE SOFTWARE. Refunds
will only be given by request with reason. If you choose to Reverse
Charges after your software has been delivered without notice to
CostaPacific,
you will be prosecuted for fraud to the full extent of the law.
- THE LAW
Your acquisition and use of software is governed by international copyright laws and the license agreement accompanying the software. Therefore, you should be aware that it is a breach of the license agreement and it is illegal:
- To copy or distribute software or its accompanying documentation, including programs, applications, data, codes, and manuals, without permission or a license from the copyright owner;
- To run a copyrighted software program on two or more computers simultaneously unless this is specifically allowed by the license agreement;
- For organizations to consciously or unconsciously encourage, allow, compel, or pressure employees to make or distribute unauthorized software copies;
- To infringe the laws against unauthorized software copying because someone requests or compels it;
- To lend software so that a copy can be made or to copy software while it is lent to you;
- To make, import, possess, or deal with articles intended to facilitate the removal of any technical means applied to protect the software program.
What are the penalties for pirating software?
If caught with pirated software, the infringing company or individual may be liable under both civil and criminal law. A civil action may be instituted for injunctive relief, actual damages (including infringement profits), or statutory damages up to $20,000 per infringement. Criminal penalties for copyright infringement include fines up to $1,000,000 and jail terms up to five years, or both.
-
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any
temporary software modules or any software for which CostaPacific does not receive a license fee. All such software products are provided
AS IS without any warranty whatsoever.
-
This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any
documentation. This License will terminate immediately without notice from CostaPacific if Customer fails to comply with any provision of this
License. Upon termination, Customer must destroy all copies of Software.
-
This License shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if
performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or
unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License
between the parties with respect to the use of the Software.