Scope: This EULA is entered into between you (the “Customer”) and 203k Consulting Pros LLC (“Licensor”) and governs your use of Licensor’s The Home Inspector’s Guide to 203k Consulting, including but not limited to: 203k Work Items, 203k Defaults & Specifications and 203k Pricing Defaults, videos, and Materials (the “Licensed Works”) in connection with any commercially prepared software platform or any other licensed programs (“Other Programs”) as may be used for duplication or use of such materials.
License: Subject to the terms of this EULA, Licensor hereby grants to the Customer a non-exclusive, limited, personal, non-transferable and revocable right to access and use the Licensed Works solely in connection with a single account to access the Materials, without the right to sublicense the Licensed Works, solely for the Customer’s personal use. The license and this EULA will be effective and accepted by the Customer upon acceptance of Agreement. There are no implied licenses under this EULA. Any rights not specifically and expressly granted herein are hereby reserved by Licensor. The Customer acknowledges and agrees that the Customer is responsible for use of the Licensed Works by any employee, contractor, or agent of the Customer to whom the Customer specifically provides access to or authorizes to use the Licensed Works pursuant to the terms of this EULA (each, a “User”), and shall remain liable to Licensor for any breach of the terms hereof by any User as if such breach was committed by the Customer.
Ownership: Title to the Licensed Works is not transferred to the Customer. Licensor is licensing, and is not selling, to the Customer the right to use the Licensed Works in accordance with the provisions of this EULA. The Customer further acknowledges that: (i) it shall not acquire any ownership interest in the Licensed Works, and (ii) Licensor reserves and shall retain its entire right, title and interest in and to the Licensed Works and all intellectual property rights arising out of, appurtenant to, associated with, or related to the Licensed Works, subject to the limited rights granted to the Customer in this EULA.
Copyright: United States copyright laws and international treaty provisions protect the Licensed Works. Unauthorized use or copying of the Licensed Works, including Licensed Works that have been modified, merged, or included with software other than the Software is expressly prohibited, except as explicitly set forth herein.
Restrictions: The Customer and its Users shall not: use, display, distribute, redistribute, copy, reproduce, modify, adapt, improve, enhance, alter, or modify the Licensed Works or any of their components for any purpose other than their intended use or permit others to do so; sell, resell, rent, lease, encumber, transfer, sublicense, unbundle, translate, share, or create derivative works of the Licensed Works or any of their components or permit others to do so; publish the Licensed Works; or remove, alter, or obscure any proprietary notices (including copyright notices) provided in connection with the Licensed Works.
Customer Responsibility. The Customer is wholly responsible for the conduct of the Users, and will ensure that they are made aware of the relevant provisions of this Agreement and comply herewith. The Customer is responsible for the accuracy and completeness of any information related to, placed in or used with the Licensed Works by Customer or Users.
No Contingency: The licensing of the Licensed Works is not contingent upon the delivery of any future functionality or features to the Customer nor is it dependent upon any oral or written statements made by Licensor with respect to future functionality or features.
Disclaimer. Licensor licenses the Licensed Works “as is” and, to the full extent allowed by law, expressly disclaims any and all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, satisfactory quality, consistency with descriptions, condition, capacity, performance, title, and non-infringement. Licensor does not warrant that the Licensed Works will operate uninterrupted or error-free or that all errors will be corrected. Customer assumes any and all risks associated with using the Licensed Works. In addition, Licensor does not warrant that the Licensed Works or any equipment, system or network on which the Licensed Works are used will be free of vulnerability to intrusion or attack.
Limitations and Exclusions of Liability. In no event will Licensor be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Licensed Works or otherwise, even if a party has been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of Licensor, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to the Customer, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by the Customer to Licensor (either directly or via Licensor’s authorized distributor) for the Licensed Works that gave rise to the claim. This limitation of liability for the Licensed Works is cumulative and not per incident. Nothing in this EULA limits or excludes any liability that cannot be limited or excluded under applicable law. The Customer is solely responsible for reviewing, validating and approving the data contained in any file, report or other output generated by or in connection with the Licensed Works before using or relying on such output. Information or other output generated by the Licensed Works should not be relied upon for legal, business, financial, or other decisions, and are not intended to replace the advice of appropriate and qualified professionals.
You agree that 203k Consulting Pros may list you as a client or a user of the PRODUCTS, may display your logo(s) toward this purpose and may publish quotations and testimonials from you, and your directors, partners, officers or employees. 203K Consulting Pros agrees to promptly cease any such use of your name or logo(s) upon your written request.
You acknowledge that you have read and understand this EULA and agree to be bound by its terms. You further agree that this EULA is the complete and exclusive statement of the agreement between you and 203k Consulting Pros, and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this EULA.