Standard Software License Agreement & Terms of Sale
BY USING THE COMPLETELANDLORD.COM PRODUCTS, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PLEASE DO NOT PURCHASE OUR PRODUCTS. PURCHASE, INSTALLATION, AND/OR USE OF OUR PRODUCTS INDICATES YOUR EXPRESS AGREEMENT TO THESE TERMS AND CONDITIONS.
Carefully read the following legal agreement (“Agreement”), for the license of specified LandlordSoftware.com software (“Software”) produced and owned by LandlordSoftware.com Group. By clicking using this software, you (either an individual or a single entity) consent to be bound by and become a party to this Agreement. If you do not agree to all the terms of this agreement, return this software immediately.
Subject to the terms and conditions of this agreement, LandlordSoftware.com Group grants you a license to use one copy of the Software subject to the license restrictions set forth below. You may install the Software only on one computer at a time. For each additional computer on which the Software is installed, you will need an additional registered, paid copy of the Software. You may copy the Software as necessary to use the Software as described above. You may not transfer your license to use (give or sell) the Software to any other party. Your license is non-transferable.
This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies in any form. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software together with all copies in any form.
The Software is protected by United States copyright laws and international treaty provisions. LandlordSoftware.com retains all rights, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.
You may not sell, lease, license, rent, loan or otherwise transfer, with or without consideration, the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part except where intended by LandlordSoftware.com. You may not copy the Software or Forms except as expressly permitted in this Agreement. You may not remove any notices or labels on the Software. All rights not expressly set forth hereunder are reserved by LandlordSoftware.com.
Our Software is only guaranteed to work with Microsoft Windows and Macintosh systems capable of using Adobe Reader/Acrobat software and Microsoft Word. If the user does not have these software programs, or if these programs are not functioning properly, the User is responsible for obtaining an updated versions of these programs directly from Adobe and/or Microsoft. As of the time of the writing of this Agreement, Adobe Reader and Word Viewer are free downloads from adobe.com and microsoft.com respectively. LandlordSoftware.com does not foresee any changes in Adobe and Microsoft’s policy to provide these programs for free, but we will not be held liable should either company change their policy in the future, or make these programs unavailable to the public.
The entire liability of LandlordSoftware.com and your exclusive remedy shall be, at LandlordSoftware.com’s sole discretion, the repair or replacement of the Software. These remedies are not available if the failure of the Software or media is the result of misuse, abuse or a failure to follow the operating instructions in the accompanying written materials, or if the media upon which our Software was shipped is damaged by the User. The Customer has 20 days from the date on which the order was shipped to report any media damaged in shipping.
REAL ESTATE FORMS: We do not warrant or claim that the real estate forms provided with the Complete Landlord eGuide comply with any or all 50 states and or their local authorities. Our forms are meant to be a starting point for modification based on business needs and/or local laws. Furthermore, we do not claim that eviction procedures discussed in our book will comply our with any or all 50 states and or their local authorities. We recommend that you consult the advice of an attorney before signing any legal document, entering into a contract, or beginning the eviction process.
Except for the limited warranty set forth herein, the software is provided as is. To the maximum extent permitted by applicable law, LandlordSoftware.com disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement with respect to the software and the accompanying documentation. You assume responsibility for selecting the software to achieve your intended results, and for the installation of, use of, and results obtained from the software. Without limiting the foregoing provisions, LandlordSoftware.com makes no warranty that the software will be error-free or free from interruptions or other failures or that the software will meet your requirements. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstances and under no legal theory, whether in tort, contract, or otherwise, shall LandlordSoftware.com or its suppliers be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or for any and all other damages or losses. In no event will LandlordSoftware.com be liable for any damages in excess of the list price LandlordSoftware.com charges for a license to the software, even if LandlordSoftware.com has been advised of the possibility of such damages. Some states and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Because our product is downloadable, no refunds are allowed.
We make no claims or guarantees for delivery dates of our software or download availability. Times given for delivery dates are estimates generated by our web site based on the number of orders currently waiting to be shipped. Times given are estimates only. We will not guarantee a delivery date. If Customer does not receive any titles ordered, we will be happy to ship out a second copy of their order. Additionally, in the event that a product purchased for download is interrupted or otherwise fails, you are advised to contact us for technical support. This process can sometimes take several days, depending on the number of orders we currently have to process. Please note that orders paid for with an online check that is consequently returned for non-payment will incur a $25 fee.
Customer may NOT broadcast our software over a closed-circuit television system or other broadcast television system. Customer may not show our software lessons to a group of people (employees, students, etc.) as in a classroom or seminar. Customer may not profit from our Software in any way, which includes leasing, renting, or showing our lessons to others (employees, customers, students, etc.). To obtain a license agreement available for educators, corporations, and government agencies please contact us.
Customer is entitled to limited Web and email-based technical support provided by an representative for technical issues related to the initial installation and set-up of the Software (Support). Phone-based Support will be available only at the discretion of our technical support personnel. Response time for Support is not guaranteed. Support will be provided for thirty (30) days following the date of purchase of the Software, as indicated on your proof of purchase. Thereafter, you shall have the option of obtaining additional Support and consultation from LandlordSoftware.com, at the then-current rates for such support and/or consultation.
The Software and accompanying Documentation are deemed to be commercial computer software and commercial computer software documentation, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
You are advised that the Software is subject to the U.S. Export Administration Regulations. You shall not export, import or transfer Software contrary to U.S. or other applicable laws, whether directly or indirectly, and will not cause, approve or otherwise facilitate others such as agents or any third parties in doing so. You represent and agree that neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. You agree not to use or transfer the Software for end use relating to any nuclear, chemical or biological weapons, or missile technology unless authorized by the U.S. Government by regulation or specific license. Additionally, you acknowledge that the Software is subject to export control regulations in the European Union and you hereby declare and agree that the Software will not be used for any other purpose than civil (non-military) purposes. The parties agree to cooperate with each other with respect to any application for any required licenses and approvals, however, you acknowledge it is your ultimate responsibility to comply with any and all export and import laws and that LandlordSoftware.com has no further responsibility after the initial sale to you within the original country of sale.
This Software is the proprietary and copyrighted work of LandlordSoftware.com. Installation and use of the Software is governed by the terms of this License Agreement. In order to lawfully use the Software, you are required to read, acknowledge and agree to the terms and conditions of this License Agreement. Reproduction or redistribution of the Software not in accordance with this License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
The Complete Landlord® e-Guide, forms and bonus documents and applicable files are licensed, not sold, to you by LandlordSoftware.com for use only under the terms of this license. LandlordSoftware.com reserves any rights not expressly granted to you. You own the CD-ROM or other media on which the Software is recorded or fixed, but LandlordSoftware.com retains ownership of the Software itself. For customers who purchase more than one product package at a time, LandlordSoftware.com reserves the right to place as much of the data as can fit onto a single physical CD media to save on shipping costs and production. In which case, the shipping/handling charge represents our added time to place multiple courses on one disc. LandlordSoftware.com may also “personalize” the Customer’s CD with his name, address, and billing information to prevent user sharing. LandlordSoftware.com may also require product activation of Software over the Internet or by phone.
LandlordSoftware.com hereby grants to you a limited, non-exclusive, nontransferable, license to use the Software. All right, title and interest in and to the Software is retained by LandlordSoftware.com, and this Agreement shall not be construed as transferring any rights of ownership or license to the Software or to any information therein except as expressly set forth in this Agreement.
This License allows you to use one copy of the Software on a single computer at a time. To “use” the Software means that the Software is either loaded in the temporary memory (e.g. RAM) of a computer, or installed on the permanent memory of a computer (e.g. hard disk), or is loaded into one of the drives of the computer (e.g. CD-ROM). You may not install the Software on a common storage device that is accessible by multiple computers. You may not broadcast this software over any form of transmission medium including closed-circuit television, the Internet, or any other medium.
Accept as allowed with the landlord forms, as intended, you may not reverse engineer, decompile, disassemble or otherwise reduce the Software to any human perceivable form. You may not modify, adapt, translate, create derivative works of, rent, lease, loan, or distribute the Software in whole or in part. You may not edit, alter, modify, create derivative works of, rent, lease, loan, or distribute the Software, in whole or in part.
If you are acquiring the Software on behalf of the United States Government, the Software is classified as “Commercial Computer Software,” and the Government may only acquire “Restricted Rights” therein. Use, duplication or disclosure to or by the Government is subject to restrictions set forth in (i) the Commercial Computer-Restricted Rights clause at FAR 52.227-19 (a) – (d); (ii) the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (c) (1) (ii); or (iii) in similar clauses in the NASA FAR Supplement, as may be relevant and applicable. The Software Contractor/manufacturer is LandlordSoftware.com.
You warrant and represent that you are not located in, under the control of, or a national or resident of, and will not download, export, or re-export to, a national or resident of, Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Sudan or Syria, or any other country included in the United States Treasury Department list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders.
You may not modify the Software or merge all or part of the Software in another program. You may not use any of the computer images included with the Software. You may not use the software or allow it to be used as a service bureau or otherwise use the Software or allow it to be used for the benefit of any third party.
This license is effective until terminated. LandlordSoftware.com shall have the right to terminate this License at any time by providing written notice to you. This license will terminate immediately without notice from LandlordSoftware.com or judicial resolution if you fail to comply with any provision of this license. Upon termination you must destroy the Software and all copies of the thereof.
LandlordSoftware.com warrants that the storage media for the Software (e.g. CD-ROM), will be free from defects in materials and workmanship when you receive it. If such a defect exists when you receive your Software, return it to us at the address stated above and we will replace it free of charge, minus postage. This remedy is your exclusive remedy for breach of this warranty. It gives you certain rights and you may have legislated rights which vary from jurisdiction to jurisdiction.
Customer is responsible for entering in their own data (name, address, phone, email, etc.) when they place their order. All data collection is handled electronically via our Web site. If customer provides LandlordSoftware.com with incorrect information, such as the wrong shipping address, and their order is returned to us, customer will be liable to pay the return shipping and handling fees to resend their order. Customer is given a screen to double-check their information and verify that the data they entered is correct before submitting their order.
You acknowledge that the Software may contain bugs, omissions or typographical or other errors. LandlordSoftware.com reserves the right to make improvements and changes in or to the Software at any time without notice or liability to you. You acknowledge and agree that LandlordSoftware.com does not support the Software and has no obligation to provide you with any support, maintenance, corrections, bug fixes, updates, or revisions thereto.
The software is provided by LandlordSoftware.com to you “as is” and without warranty of any kind. Except for the warranty provided above, LandlordSoftware.com makes no warranties or representations, and hereby expressly disclaims, any and all express or implied warranties and representations thereof, including without limitation, any and all express or implied warranties and representations of merchantability, fitness for a particular purpose, title, and non-infringement; that the functions contained in the software will meet your requirements; that the operation of the software will be error free or that defects, if any, in the software will be corrected.
LandlordSoftware.com does not warrant or represent the accuracy or reliability of the use or results of the use of the software. No oral or written information or advice given by LandlordSoftware.com or an authorized LandlordSoftware.com representative shall create a warranty or increase the scope of this warranty. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
LandlordSoftware.com shall not be liable for any indirect, special, incidental, punitive, consequential or any other damages whatsoever, whether arising in contract or tort, 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 or inability to use the software, even if LandlordSoftware.com has been advised of, or should have foreseen the possibility of such damages. LandlordSoftware.com’s maximum aggregate liability to you, shall not exceed the amount paid by you for the software. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach, or if the express warranty above fails of it’s essential purpose. Some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you.
This Agreement shall be governed by and construed in accordance with the internal laws (and not the choice of law rules) of the United States of America and the state of Idaho, and any action brought by either party to enforce this Agreement shall be brought in the relevant state or federal court in Idaho. The parties hereby expressly exclude applicability of the United Nations Convention on the International Sale of Goods. If for any reason a court of competent jurisdiction shall find any provision of this Agreement to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
If you have any questions about this Agreement, or your dealings with our company, you may contact:
375 Rockbridge Rd
Lilburn, GA 30047