BY USING THE LANDLORDEGUIDE.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 XP and
Macintosh systems capable of using Adobe Reader/Acrobat software and
Microsoft Word version 2002 or newer. 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
www.adobe.com and
www.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.
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.
Should the Customer wish to return the Software for a refund, he has
thirty (30) days from the purchased date of the Software to do so.
Customer will be refunded in the amount of the original purchase price for
the software, minus any shipping & handling fees. Software must be
returned in its original packaging, free from defects, in resellable
condition. Customer is liable for the costs of return shipping. Please
note that our money-back guarantee does not cover shipping and handling
charges. You will be responsible for returning any CD you do not wish to
keep. Returned CDs must be in their original, resaleable condition with
any and all packaging materials originally sent to customer.
Our lessons are only guaranteed to work with the system
platforms and software programs listed above (both of which come free with
current versions of Microsoft Windows or are downloadable online). Our
software is only guaranteed to run on any Pentium-class (or better) PC
with a 52X (or faster) CD-ROM drive. While our software has been
tested on and does work with Windows 95 and Windows NT, performance under
Windows 95 or NT is not guaranteed. Likewise, while our software has been
tested and does work with non-Pentium-class PCs and CD-ROM drives slower
than 52X, performance with these is not guaranteed. Our software may not
run on older CD or DVD drives.
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:
LandlordSoftware.com, LLC
375 Rockbridge Rd
Suite 172-114
Lilburn, GA 30047
Phone: 866-290-4183
