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The following terms and conditions govern all
access to and use of this site. You accept, without limitation or alteration,
all the terms and conditions contained herein. This agreement is a binding
contract and includes terms that limit your legal rights and Licensors’
liability to you. Consult your attorney before Agreeing if you do not understand
any of the terms here.
End-User License Agreement
This End-User License Agreement (“EULA”) is a
legally binding contract between you; and the owner of this site, Jim & Kate
Wright ("Agents"), Coldwell Banker Vision (“Broker”); and Regional Multiple
Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”);
and the developer of this site, Marketplace Plus ("Developer") & WolfNet
Technologies (“Developer”). (Collectively, Agents, Broker, RMLS, and
Developer are the “Licensors.”)
You seek access to real estate listings that are
made up of factual information and creative content. This “Licensed Content”
appears on this “Licensed Site.” Licensors wish to grant you access to the
Licensed Site, but use of this information is limited by the terms of this
license.
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 will 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.
The
trademarks, logos, and service marks (collectively the “Marks” or “Mark”)
appearing on the Licensed Site are registered and unregistered marks of
Licensors and others. Neither this EULA nor the Licensed Site grants you any
right to use any Mark displayed on the Licensed Site or any other Marks of
Licensors.
3.
License. Licensors hereby grant you a revocable, limited, nonexclusive
license during the term of this EULA 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 EULA. Licensors grant
nonexclusive licenses and not exclusive licenses or assignments. All rights not
expressly granted in this EULA 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 “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 EULA.
6.
General terms.
(a) Term and termination. Any party may terminate this EULA upon notice
to another. 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 EULA 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. Possible errors in the
Licensed Content include, but are not limited to, incorrect measurements,
improper classification of rooms and features according to local zoning codes,
incorrect status with regard to availability for sale, incorrect photograph, and
incorrect information about improvements.
(c) Limitations and exclusions of liability. Under no circumstances shall
the Licensors be liable to you or anyone else for any direct, 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. Your sole remedy, in the event the Licensors or any one of them breach
this EULA, shall be to terminate this EULA. IN THE EVENT THE LIMITATIONS SET
FORTH IN THE PRECEDING TWO SENTENCES ARE HELD BY ANY COURT TO BE UNENFORCEABLE,
lICENSORS SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF
ANY KIND IN EXCESS OF $500.
(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 EULA or any
obligations, rights, or duties hereunder. Any attempted or purported assignment
or delegation in contravention of this section is null and void.
(f) Integration and severability. This EULA contains the entire
understanding of the parties and supersedes all previous oral and written
agreements on the subject matter hereof. Each provision of this EULA 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 EULA shall be governed by, and construed in
accordance with, the laws of the State of Minnesota applicable to contacts made
and performed in Minnesota, but without regard to the choice of law and
conflicts of law provisions thereof. The parties hereby agree that any dispute
under this EULA shall have its forum in the state or federal courts located in
Ramsey County, Minnesota, 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.
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