mortgage-toolkit.com

EULA - End User Licence Agreement - Mortgage Wizard and Dashboards

IMPORTANT READ CAREFULLY:

This End-User License Agreement (the "EULA") is a legal agreement between you (either an individual or a single entity) and andre denis noel inc. ("mortgage-toolkit.com") or a party that has the right to sublicense the software product identified above under a valid license agreement with mortgage-toolkit.com (collectively "Licensor") and includes computer software and associated media and printed materials (including print-outs generated by the software), and may include online or electronic documentation (the "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, you are not authorized to use the Software Product.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Software Product. The Software Product is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights: Licensor hereby grant you a revocable, limited, nonexclusive license to use the Software Product during the term of this EULA subject to the limitations set forth in this EULA. All rights not expressly granted in this EULA are reserved.
2. RESTRICTIONS
   1. You may not rent or lease the Software Product. -- You may permanently transfer all of your rights under this EULA only with the express written permission of mortgage-toolkit.com
   2. You may not use the Software Product for any purpose other than a personal, non-commercial one
   3. You may not allow any third parties to access the Software Product with your password
   4. You may not gather, or attempt to gather, by any automated means, including “screen scraping” factual content or any other portion of the Software Product
   5. You may not employ the Software Product for any unlawful purpose
3. TERMINATION. Your rights under this EULA terminate upon the termination of your License Agreement or when the Software Product reaches its encoded expiration date, or without prejudice to any other rights, Licensee or mortgage-toolkit.com 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 if your use of the Software Product is through a server hosted by mortgage-toolkit.com, mortgage-toolkit.com may remove your log-in privileges.
4. COPYRIGHT. All title and copyrights in and to the Software Product and any copies thereof are owned by mortgage-toolkit.com. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
5. CONCEPT. You agree that methodology and calculations used in the Software Product are the intellectual property and a trade secret of mortgage-toolkit.com (the CONCEPT). You agree to not copy, mimic or otherwise replicate the CONCEPT nor to offer, participate or deal with any parties that do so. You agree to be held responsible for any damages that mortgage-toolkit.com, its licensees and Licensor may incur if you breach this Section 5 and you also agree that this Section 5 shall survive any termination of this EULA or your Software Product license agreement.
6. NO WARRANTY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. THE SOFTWARE PRODUCT IS PROVIDED FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY, MORTGAGE-TOOLKIT.COM, ITS LICENSEES, AND LICENSOR DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY AND NON-INFRINGEMENT.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MORTGAGE-TOOLKIT.COM, ITS LICENSEES, OR LICENSOR 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 IN ANY WAY RELATED TO, THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE INFORMATION PROVIDED, PRODUCED OR DEVELOPED BY THE SOFTWARE PRODUCT, OR FOR LOSS OF BUSINESS INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF MORTGAGE-TOOLKIT.COM, ITS LICENSEES, OR LICENSOR 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 TO YOU.
8. LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF MORTGAGE-TOOLKIT.COM, ITS LICENSEES, AND LICENSOR AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED THE AMOUNT PAID PURSUANT TO THE TERMS OF SALES AGREEMENT.
9. LIMITATIONS. This Software Product does not foretell the future. It provides estimates and projections based on assumptions about the future, which may not occur. This Software Product does not provide legal, investment, accounting, or other professional advice. You should consult with attorneys and professional advisors for any such advice. This Software Product neither offers nor qualifies anyone for any loan or insurance contract, nor is it represented to be in compliance with applicable law in any state or jurisdiction that you operate in. You should not use, act or rely on the Software Product without seeking the advice of an attorney licensed to practice law in the jurisdiction in which the Software Product is used.
10. MISCELLANEOUS: This EULA shall be governed by, and construed in accordance with, the laws of the State of New Mexico applicable to contacts made and performed in New Mexico, but without regard to the choice of law and conflicts of law provisions thereof. The parties hereby agree that any dispute under this EULA shall have its forum in the state or federal courts located in Bernalillo County, New Mexico, in the United States of America, and the parties hereby consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens.
11. CONTACTING THE WEB SITE:If you have any questions about this policy, the practices of our company, or your dealings with our company, you can contact support@mortgage-toolkit.com

ADDITIONAL SEPARATE AND INCLUSIVE AGREEMENTS

• "Terms of Sale” for mortgage-toolkit.com
• "Web Site Terms and Conditions" for mortgage-toolkit.com
• “Privacy Statement” for mortgage-toolkit.com