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You must agree to the
End User License Agreement, below, to register your SafeMLS token and receive
SafeMLS secure logon passcodes. END USER
LICENSE AGREEMENT for Use of SafeMLS Token IMPORTANT:
READ THE ENTIRE DOCUMENT TO THE BOTTOM OF THIS PAGE! This End-User
License Agreement (EULA) is a binding contract between you ("USER")
and SafeMLS and the South Central Kansas MLS (SCK MLS). WARNING:
Usage of SafeMLS tokens is monitored to prevent violations of this EULA by
end-users. A. USE
OBLIGATIONS USER
acknowledges that the SCK MLS database (?) is a commercially valuable
proprietary product of SCK MLS, the development of which has involved the
expenditure of significant funds over a period of time. USER understands that
unauthorized distribution of MLS data due to any unauthorized or impermissible
use of SafeMLS tokens or SafeMLS secure logon passcode
would cause substantial damage to SCK MLS. USER
further acknowledges that USER is granted access to a Safe MLS token and the
SafeMLS secure logon passcode in consideration of and
only upon user's agreement to the terms and conditions set forth below. In
consideration of the grant to USER by SafeMLS and the SCK MLS of access to a
SafeMLS token and SafeMLS secure logon passcodes,
USER shall assent to the terms of this EULA and agrees to use the SafeMLS token
and SafeMLS secure logon passcodes only as expressly
permitted by this EULA. USER agrees
that USER will not, during the term of this EULA or at any time thereafter,
directly or indirectly engage in or take or refrain from taking any action or
inaction which may in any way lead to the unauthorized use of the SafeMLS token
or SafeMLS secure logon passcodes by any third party.
USER
further agrees not to swap, rent, sublicense, transfer, sell, display or offer
the SafeMLS token or SafeMLS secure logon passcode to
any other person or entity in any medium or nature whatsoever. USER agrees
to notify SCK MLS immediately of any unauthorized use of the SafeMLS token or
SafeMLS secure logon passcode. The notice shall
include, but not be limited to, the names and addresses of the unauthorized
user(s). USER agrees
to notify SCK MLS immediately if the SafeMLS token is lost or stolen. This
notice shall result in the termination of the SafeMLS account corresponding to
the lost or stolen SafeMLS token. The
SafeMLS token will not be operational following the termination of the account. USER
understands that, if the SafeMLS token is lost or stolen there will be a
replacement fee of $30 plus any applicable sales tax. B. TERMINATION OF LICENSE (A) This
EULA will terminate upon termination or cancellation of USER's
membership with SCK MLS. (B) USER
may terminate this EULA at any time by giving written notice to SCK MLS. SCK
MLS may terminate this EULA immediately upon USER's
breach of a material term of this EULA. (C)
Immediately upon termination of this EULA, USER will be denied access to
SafeMLS secure logon passcodes. C.
WARRANTIES, DISCLAIMER, AND LIMITATION OF LIABILITY 1. General Limitation EXCEPT AS
EXPRESSLY STATED HEREIN, THE PRODUCT IS PROVIDED "AS IS", WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. 2. Limitation of Liability THE
AGGREGATE LIABILITY OF SCK MLS FOR ANY CLAIM FOR DAMAGES UNDER ANY LEGAL THEORY
SHALL BE LIMITED TO: (1) THE AMOUNT PAID BY USER FOR SAFE MLS TOKEN. SCK MLS
SHALL NOT BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO USER'S
INABILITY TO ACCESS THE SCK MLS, EVEN IF USER'S ACCESS TO THE PRODUCT HAS BEEN
TERMINATED WITHOUT NOTICE BY SCK MLS.
SCK MLS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL,
EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S
RIGHTS HEREUNDER, OR USE OF, OR INABILITY TO USE, THE PRODUCT IN ANY WAY, EVEN
IF SUCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. Assistance of SCK MLS USER
acknowledges that any assistance provided by SCK MLS will be in the form of
technical assistance, i.e., helping USER utilize the product from a technical
standpoint as provided in the information in the user guide. D. EFFECT
AND TERM OF EULA 1. Effect of Agreement This EULA
constitutes the complete understanding of the parties and supersedes any prior
understanding or agreement, oral or written, relating to the Product. No waiver
of any provision shall be valid unless in writing and signed by all parties. 2. Term This EULA
is effective upon acceptance by USER by clicking on the YES buttons at the end
of this EULA. E. CHOICE
OF LAW AND SEVERABILITY This EULA
shall be construed under the laws of the State of F.
NON-ASSIGNABILITY AND NON-WAIVER Neither
this entire EULA, nor any portion thereof, may be assigned, sublicensed,
loaned, leased, distributed or transferred by USER without the written
permission of SCK MLS. IF YOU DO
NOT AGREE TO THE TERMS OF THIS END-USER LICENSE AGREEMENT, YOU ARE NOT
PERMITTED TO REGISTER YOUR SAFE MLS TOKEN. By clicking I Agree below, I am
attaching my electronic signature and agreeing to the Terms of Use for the
SafeMLS token. I understand that if I do not agree to these terms of use, I
will not be allowed to register my SafeMLS token. |