Terms And Conditions - Dot Real Estate Intending to be fully bound by the terms and conditions of this End User License Agreement (the “EULA”). Please read the entire Agreement. Terms apply to the booking engines named above, which includes the media on which you received it, if any. Use of the technology service indicates your acceptance of these terms. If you do not accept them, do not use the booking engines or software. As described below, using the booking engines also operates as your consent to the transmission of certain computer information during activation, validation and for Internet-based services. If you comply with these service terms, you have the rights as described. 1. DEFINITIONS. a. “Account” refers to the Service plans and features selected by Client through Provider’s booking engines at the time of enrollment and accepted by Provider, as such plans and features may change by mutual consent of the parties, as recorded by Provider through such booking engines. b. “Service” refers to the Provider providing the support to Client pursuant to its standard policies and procedures then in effect. c. “Website” refers to the Client domain name where services are provided. d. “Embedded Software” or “Software” refers to any source code, programming language, Intellectual Property, trademarks, patents, or technology exclusively owned by Provider. 2. INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must assign that license to one device (physical hardware system). That device is the “licensed device.” A hardware partition, server or blade is considered to be a separate device. a. Licensed Device. You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time; you may not use the software on any other device. b. Number of Users. An unlimited number of users can use the software. 3. SCOPE OF LICENSE RESTRICTIONS. The software is licensed, not sold. This Agreement only gives you some rights to use the software, programming language, source code and booking engines. Provider reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. YOU MAY NOT: · work around any technical limitations in the software; · reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; · use components of the software to run applications not running on the software; · make more copies of the software or allowed by applicable law, despite this limitation; · publish the software for others to copy; · rent, lease or lend the software; . engage in competitive analysis, benchmarking, use, evaluation or viewing of the Software or Documentation or create any Derivatives based upon the Software for the purpose of designing, modifying, or developing software or services similar in purpose, scope, or function to the Software, whether for User’s internal use or for license or for resale; . solicit, hire, or attempt to hire any person to breach or violate any of the restrictions set for in this Section 3. 4. DOCUMENTATION. Any person who has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 5. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” User acknowledges that the Software (including Enhancements and Updates), any Derivatives, any Deliverables, and all Provider copyrights, names, trademarks, trade names, service marks or any other identifying characteristics are proprietary intellectual property of significant value and goodwill to Provider (the “Provider IP”). This EULA only grants User the right to use the Provider IP specified in this EULA under the terms and restrictions specified in this EULA. User does not, and will not, acquire any other right, title or interest in any Provider IP, which will at all times remain the exclusive property of Provider. User will not remove, suppress or modify in any way any proprietary marking which is on or in the Software, which is visible during their operation, or which is on any media supplied with the Software, except where expressly allowed. User acknowledges and agrees that Provider shall be the sole owner of any Enhancements, Updates, upgrades, new versions, or new releases of the Software or Derivatives or Deliverables that are developed by Provider during the term of this EULA and thereafter, all of which shall be Provider IP. Without limiting the foregoing, User expressly acknowledges and agrees that Provider shall be the sole owner of any newly-developed, revised, or modified source code related in any way to the Software or Provider’s general business, regardless of whether developed, revised, or modified in response to User’s requests, suggestions, or ideas, even if performed as a part of Professional Services paid for by User, all of which shall be Provider IP. During the term of this EULA and thereafter, User shall not assert the invalidity of the Provider IP, or contest Provider’s right, title or interest therein and thereto, and User shall not cause, influence, or assist in any manner whatsoever, any other Person to make any such assertions or contest. 6. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this Agreement supersedes the Agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from. All upgraded software, source code, programming language, booking engines and modifications are the sole property of the Provider. 7. REASSIGN TO ANOTHER DEVICE. a. You may uninstall the software and install it on another device for your use. b. No reassignment to a third party is permitted. 8. THIRD PARTY PROGRAMS. The software contains third party programs. The license terms with those programs apply to your use of them. 9. SUPPORT SERVICES. Provider provides support services for the software as described. If you are using software that is not properly licensed, you will not be entitled to receive support services. 10. ENTIRE AGREEMENT. This Agreement (including the warranty below), additional terms and the terms for supplements, updates, Internet-based services and support services that you use, are the entire Agreement for the software and support services. 11. APPLICABLE LAW. a. United States. If you acquired the software in the United States, South Carolina state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 12. LEGAL EFFECT. This Agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 13. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Provider and its suppliers only direct damages up to the amount you paid for the use of the software. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if · repair, replacement or a refund for the software does not fully compensate you for any losses; or · Provider knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that we are collecting on your visit through a universal consumer options page located here.