Legal – Licensing Agreement and Disclaimer
Please read and review this Licensing Agreement and Disclaimer (“Agreement”) carefully before checking the “I Agree” box on “Let’s Get Started.”
By checking the “I Agree” box, your Condominium Association is agreeing to be bound by the terms and conditions of this Agreement as indicated here. By not checking the “I Agree” box, you are indicating that you do not agree to the terms and conditions of this Agreement, and as such will not be able to purchase the Condominium Association Reserve Program.
1. Your Condominium Association (“Association”) , the purchaser of the Condominium Association Reserve Program (“Reserve Program”), has agreed , as a condition of purchase, to be bound by the terms and conditions of this Licensing Agreement and Disclaimer (“Agreement”).
2. Joseph S. Lerczak, the Author of the Reserve Program (“Author”), grants the Association a revocable, non-exclusive, non-transferable, limited license to use the Reserve Program on a mobile or desktop computer solely for the Association’s exclusive use in managing the Association’s financial affairs.
3. The Association agrees not to, and will not permit other parties to: (a) Sell, Rent, Lease, Assign, Distribute, Transmit, Host, Outsource, Disclose, or Otherwise commercially exploit the Reserve Program or Make the Reserve Program available to any third party; or (b) Allow the use of the Reserve Program to another condominium association or any other enterprise for managing their financial affairs.
4. The Association shall use the Reserve Program in accordance with the terms of this Agreement and shall not: (a) Violate any applicable laws, rules or regulations in connection with the Association’s use of the Reserve Program; (b) Remove, Alter, or Obscure any proprietary notice (including any notice of copyright) of the Author, or its affiliates, partners or suppliers; (c) Use the Reserve Program for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed for or intended; (d) Make the Reserve Program available over a network or other environmental permitting access or use by multiple devices or users (other than the Association) at the same time; or (e) Use the Reserve Program for creating a product, service, or software that is, directly or indirectly competitive in any way with this Reserve Program owned by the Author.
Modifications to the Reserve Program
5. The Author reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Reserve Program or any service to which it connects, with or without notice and without liability to the Association.
6. The Association acknowledges and agrees that, in the event of a third party claim that the Reserve Program or the Association’s possession or use of the Reserve Program infringes any third party’s intellectual property rights, the Association will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement.
Term and Termination
7. This Agreement shall remain in effect until terminated by either the Association or the Author.
8. This Agreement will terminate immediately, without prior notice from the Author, in the event that the Association fails to comply with any provision of this Agreement. The Association may also terminate this Agreement be deleting the Reserve Program and all copies thereof from the Association’s mobile or desktop computers.
9. Upon termination of this Agreement, the Association shall cease all use of the Reserve Program and delete all copies of the Reserve Program from the Association’s mobile or desktop computers.
Limitations of Warranties
10. Disclaimer of Warranties. THE ASSOCIATION ACKNOWLEDGES AND AGREES THAT THE RESERVE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT THE ASSOCIATION’S USE OF OR RELIANCE UPON THE RESERVE PROGRAM AND ANY THIRD PARTY CONTENT AND SERVICES ASSESSED THEREBY IS AT THE ASSOCIATION’S SOLE RISK AND DISCRETION. THE AUTHOR AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, THE AUTHOR AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS MAKE NO WARRANTY THAT (A) THE RESERVE PROGRAM OR THIRD PARTY CONTENT AND SERVICES WILL MEET THE ASSOCIATION’S REQUIREMENTS; (B) THE RESERVE PROGRAM OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY THE ASSOCIATION THROUGH THE RESERVE STUDY WILL BE AS REPRESENTED OR MEET THE ASSOCIATION’S EXPECTATIONS; OR (D) ANY ERRORS IN THE RESERVE PROGRAM OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE ASSOCIATION FROM THE AUTHOR OR FROM THE RESERVE PROGRAM SHALL CREATE LIABILITY TO THE AUTHOR, OR ITS AFFILIATES, PARTNERS, OR SUPPLIERS.
Limitations of Liability
11. UNDER NO CIRCUMSTANCES SHALL THE AUTHOR, OR ITS AFFILIATES, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ASSOCIATION’S ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE RESERVE PROGRAM AND ANY THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE AUTHOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AUTHOR’S AGGREGATE LIABILITY TO THE ASSOCIATION (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OR ITS ESSENTIAL PURPOSE.