End User License Agreement for Core Real EstateBY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE SOFTWARE, AND/OR BREAKING THE SEAL ON THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. This Software End User License Agreement (this “Agreement”) sets forth the terms and conditions of your use of the accompanying iproagent (the “Software”). For the purposes of this Agreement, “you” means you, the end user, and “Licensor” means ipromediagroup LLC, an Arkansas limited liability company, and its subsidiaries and affiliates.
I. LICENSE GRANT
Licensor hereby grants to you a non-exclusive and non-transferable license to use the Software and related documentation (“Documentation”) solely for the intended purposes of the Software as set forth in the Documentation, according to the provisions contained herein, and subject to payment of applicable license fees. “Applicable license fees” are determined at time of purchase. In absence of a clear agreement to the contrary, “applicable license fees” means $149.95 per user per month.
You are not permitted to lease, rent, distribute or sublicense the Software or any rights therein. You also may not install the Software on a network server, use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Software and Documentation.
This Agreement does not entitle you to receive any upgrades to or newer versions of this Software. You may reproduce and provide one (1) copy of the Software and Documentation for each device, computer or workstation on which the Software is installed. Otherwise, the Software and Documentation-may be copied only as essential for backup or archive purposes. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software and Documentation on any copies that you make.
II. NO ASSIGNMENT; NO TRANSFER You agree not to transfer or assign the Software and/or this Agreement to another party without the prior written consent of Licensor. If such consent is given and you transfer or assign the Software and/or this Agreement, then you must at the same time either transfer any copies of the Software and Documentation to the same party or destroy or return to Licensor any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or rights under this Agreement.
III. NO MODIFICATION; NO REVERSE ENGINEERING You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or assist someone in performing such prohibited acts.
IV. IMPORT/EXPORT RESTRICTIONS You agree not to import or export the Software or any Documentation (or any copies thereof) or any products utilizing the Software or any Documentation in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported. You agree to indemnify Licensor from liability if you violate any such laws or regulations.
V. TITLE You agree that Licensor owns and holds title to the Software and any Documentation and all content therein and all subsequent copies thereof regardless of the form or media. Furthermore, title, ownership rights, and intellectual property rights in the Software and any Documentation and content therein shall remain with Licensor. The Software and any Documentation are protected by copyright and other intellectual property laws and by international treaties.
VI. TERM AND TERMINATION This license will be perpetual from the date that you first use the Software, if it is not earlier terminated. You may terminate this license at any time by destroying the Software and any Documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this Agreement, file for bankruptcy, or are placed in receivership. Upon such termination, you agree to destroy the Software and Documentation, together with all copies thereof. You agree not to be entitled to a refund of any applicable license fee upon early termination of this Agreement.
VII. GOVERNING LAW The laws of the State of Arkansas shall govern the construction of this Agreement and you agree to be subject to personal jurisdiction in the State of Arkansas, County of Benton, for the purposes of enforcing the provisions of this Agreement.
VIII. NO WARRANTIES LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
IX. LIMITATION OF REMEDIES UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, PERSONAL INJURY, PHYSICAL OR EMOTIONAL IMPAIRMENT, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PROGRAMS (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN) OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS BY THIRD PARTIES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LICENSOR, OR ITS SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY AMOUNTS IN EXCESS OF THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE LICENSE GRANTED UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
X. INDEMNIFICATION You agree to defend, indemnify and hold harmless Licensor, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys’ fees) arising from any claims from anybody that result from or relate to your use, reproduction or distribution of the Software or your breach of any representation, warranty or obligation under this Agreement.
XI. SEVERABILITY In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
XII. ENTIRE AGREEMENT You further agree that this Agreement is the complete and exclusive statement of the agreement between you and Licensor which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Licensor relating to the subject matter of this Agreement. This Agreement may only be modified by a written agreement signed by both you and Licensor.
XIII. ACKNOWLEDGEMENT By downloading, installing or using any part of this Software, you indicate that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
Based on information from Arkansas Regional Multiple Listing Service ( as of 2019-12-14 04:45:14 am ) . This information is for your personal, non-commercial use and should be used only to help identify potential properties. MLS information is entered by independent real estate offices, and is deemed reliable but is NOT guaranteed to be accurate by the MLS, Iproagents.com, or this website. Unverified information from third party sources may have been used for most, some, or none of the data included in these pages and is not guaranteed to be accurate. Buyers are responsible for verifying any and all information and should investigate all data themselves or retain professionals. The broker or agent providing the data within this site may or may not be the listing and or selling agent.