THIS
IS A BINDING LEGAL CONTRACT. The following terms and conditions govern all access
to and use of this Site. To use this Site, you must accept, without limitation
or alteration, all of the terms and conditions contained in this agreement.
THIS AGREEMENT LIMITS YOUR REMEDIES AND OUR LIABILITIES TO YOU. READ IT CAREFULLY
BEFORE SIGNING, AND CONSULT AN ATTORNEY IF YOU DO NOT UNDERSTAND THE TERMS.
End-User License Agreement
This End-User License Agreement ("EULA") is a legally binding contract between you ("You"); the owner of this site, No Doubt Land Company ("Broker"); Northwest Montana Association of REALTORS®, Inc. ("NMAR"); and the developer of this site, Cevado Technologies ("Developer"). (Collectively, Broker, NMAR, and Developer are the "Licensors.")
You seek access to factual information and creative content relating to real estate listings ("Licensed Content") on this web site ("Licensed Site"). Licensors wish to grant You access to the Licensed Site and a license to use portions of the Licensed Content, subject at all times to the terms of this EULA.
In consideration of the mutual covenants contained herein, You and Licensors hereby agree as follows:
1. Access permitted. Licensors agree to provide You online access via the World-Wide-Web to the Licensed Content and the Licensed Site for the duration of the current viewing session. You acknowledge that you may be required to execute a new EULA upon your next visit to the Licensed Site. You agree not to attempt to access the Licensed Site after the termination of this EULA.
2. Acknowledgement of
Title. You acknowledge that all right, title, and interest in the copyrights
and other intellectual property rights in the Licensed Site and the Licensed
Content reside at all times in Licensors and their licensors, if any.
The trademarks, logos and service marks (collectively the "Marks"
or "Mark") appearing on the Licensed Site are registered and unregistered
Marks of the Licensors and others. The Licensed Site and the information contained
therein in no way grant You any license or right to use any Mark displayed on
it.
3. License. Licensors hereby grant You a revocable, limited, nonexclusive
license during the term of this agreement to duplicate, distribute and display
the Licensed Content and the Licensed Site, solely for your personal, non-commercial
use, and subject to the limitations set forth in this agreement. Licensors grant
nonexclusive licenses and not exclusive licenses or assignments. All rights
not expressly granted in this agreement are reserved.
4. Limited Use. You
will not:
(a) Use the Licensed Site, Licensed Content, or both for any purpose other than
a personal, non-commercial one;
(b) Disclose any of the Licensed Content, including factual content, to any
third party except in furtherance of your personal real estate transaction,
and then only to the extent necessary;
(c) Gather, or attempt to gather, by any automated means, including but not
limited to "screen scraping" or "database scraping," factual
content or any other portion of the Licensed Content from the Licensed Site;
or
(d) Employ the Licensed Content, the Licensed Site, or both for any unlawful
purpose.
5. License revoked. Your license to use the Licensed Content and the Licensed Site is immediately revoked, without notice from Licensors, in the event that You breach any provision of this agreement.
6. General terms.
(a) Term and termination. Either party may terminate this agreement upon
notice to the other. In the event of termination, all licenses hereunder immediately
terminate, and You agree to discontinue accessing and attempting to access the
Licensed Site. The terms of sections 2, 4, and 6 of this agreement shall survive
its termination.
(b) Disclaimer of warranties. LICENSORS PROVIDE THE LICENSED SITE AND
LICENSED CONTENT ON AN "AS IS," "AS AVAILABLE" BASIS. LICENSORS
MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY
OF THE LICENSED CONTENT. YOU ARE ADVISED THAT FACTUAL MATERIAL IN THE LICENSED
CONTENT, THOUGH DEEMED RELIABLE, MAY CONTAIN ERRORS AND IS SUBJECT TO REVISION
AT ALL TIMES. YOU ARE ADVISED TO CONFIRM ALL FACTUAL MATERIAL UPON WHICH YOU
INTEND TO RELY IN ANY TRANSACTION. THE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES
WITH RESPECT TO THE LICENSED SITE AND THE LICENSED CONTENT, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(c) Limitations and exclusions of liability. UNDER NO CIRCUMSTANCES SHALL
THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE
USE OF, OR INABILITY TO USE, THE LICENSED SITE, THE LICENSED CONTENT, OR BOTH.
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LICENSORS FOR DAMAGES AND
COSTS ARISING OUT OF THIS AGREEMENT EXCEED $100.
(d) Indemnification. You will defend, indemnify and hold the Licensors
harmless from and against any and all liability, damages, loss or expense (including
reasonable fees of attorneys and other professionals) in any claim, demand,
action or proceeding initiated by any third-party against the Licensors arising
from any of your acts, including without limitation violating this or any other
agreement or any law.
(e) Assignment. You may not assign or delegate this agreement or any
obligations, rights, or duties hereunder. Any purported assignment or delegation
in contravention of this section is null and void.
(f) Integration and severability. This agreement contains the entire
understanding of the parties and supersedes all previous oral and written agreements
on the subject matter hereof. Each provision of this Agreement is severable
from the whole, and if one provision is declared invalid, the other provisions
shall remain in full force and effect.
(g) Governing law. This agreement shall be governed by, and construed
in accordance with, the laws of the State of Montana applicable to contacts
made and performed in Montana, but without regard to the choice of law provisions
thereof. The parties hereby agree that any dispute under this agreement shall
have its forum in the state court of Montana sitting in Kalispell, or the federal
court sitting in Helena, Montana, 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.