Software License Agreement
You MUST read and physically agree to these terms by checking the “I accept the terms of the license agreement” box before the software will be installed. If, for any reason, you do not agree to these terms, DO NOT install this software and contact us immediately. Our software is intellectual property, and we take unauthorized sharing of our intellectual property seriously.
Read the terms and conditions of this license agreement carefully before installing the software and the accompanying user documentation (the “program”). This license agreement represents the entire agreement concerning the program between you and Real Estate Analysis Software LLC (referred to as licensor), and it supersedes any prior proposal, representation, or understanding between the parties. By installing the program, you are accepting and agreeing to the terms of this license agreement. If you are not willing to be bound by the terms of this license agreement, you should not install the software and promptly return the software in unopened form to receive a refund of your money.
License Grant. Licensor hereby grants to you, the purchaser, (and only you), and you accept, a non-exclusive license to use the Program Media and the computer software contained therein in object-code-only form (collectively referred to as the Software), and the accompanying User Documentation, only as authorized in this License Agreement. The Software may be used by the same single person (the purchaser) on up to three personally owned computers. Use on a local area network or other network is NOT authorized without the advance written consent of Licensor and the payment of additional license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, gift, sell, or share your rights under this License Agreement. Upon loading the Software into your computer, you may retain the Program Media for backup purposes. No copies of the Program or any portions thereof may be made by you or any person under your authority or control.
Licensor’s Rights. You acknowledge and agree that the Program consists of proprietary, unpublished products of Licensor, protected under U.S. copyright law and trade secret laws of general applicability. You further acknowledge and agree that all right, title, and interest in and to the Program are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.
License Fees & Term. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement. This License Agreement is effective upon your opening of this package and shall continue until terminated. You may terminate this License Agreement at any time by returning the Program and all copies thereof and extracts there from to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof.
Limitation of Liability. Licensor’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages.
Warranty. We can only warrant that the software will function properly on hardware and operating systems available at the time of purchase. We cannot warrant our software will work on future computers or devices having technology, coding, or versions of operating systems and similar software not in existence at the time of purchase. You may need to purchase an upgrade should you later attempt to install our software on a newer computer system.
Software Support. The purchase price only includes one year of technical support. The purchase price does not include cash flow analysis teaching, software training or coaching. That is a service available for a separate fee.
Replacement. Access to the software will be provided via download for six months. You are responsible for backing up your computer and installation files. We are not responsible for lost software and we have no obligation to replace it. We do not retain older versions of our software.
Trademarks. Cash Flow Analyzer®, Flipper’s®, Note Buyer®, Rehabber’s®, Know if you should buy, sell or just keep looking® are registered trademarks of Licensor. No right, license, or interest to such trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks.
Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Georgia.
Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Breach of License. A breach of this license will immediately void any applicable refund policy. A breach may also subject you to civil action.