The Property Ferret Software Agreement

IMPORTANT-READ CAREFULLY- this Property Ferret LLC End-User License Agreement ("EULA") is a legal AGREEMENT between you (“Customer”) and The Property Ferret LLC for the Product listed above, which product ("Product") includes computer software and may include associated media, printed materials, and "online" or electronic documentation .

By installing, copying, or otherwise using the Product, you agree to be bound to the terms of the EULA. If you do not agree to the terms of the EULA, then DO NOT install or use the Product.

PRODUCT LICENSE

Upon your acceptance of the terms of this End User License agreement, The Property Ferret LLC grants you the right to use the Product in the manner provided below. This Product is owned by The Property Ferret, LLC and is protected by copyright law and international copyright treaty. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the software, media or documentation, You acknowledge that the Software in source code remains a confidential trade secret of The Property Ferret LLC and therefore you agree not to modify the software or attempt to reverse engineer, decompile or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation. If you have purchased an upgrade product of the Software, it constitutes a single product with The Property Ferret software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

LICENSE RESTRICTIONS.

You shall not, directly or indirectly: use the Product in relation to a third party's website(s); use the Product to provide hosting, outsourcing or subscription services to third parties; provide training to third parties; or, otherwise process or permit to be processed the data of a third party; use the Product to publish or provide to a third party any scan results, reports or benchmark tests; sell, rent, lease, timeshare, assign, sublicense or otherwise transfer the Product.

THE PROPERTY FERRET LLC 'S RESPONSIBILITIES

The Property Ferret LLC may from time to time without prior approval upgrade on provide additional features to its Product. Agent's not desiring such upgrades may elect to opt out. The Property Ferret LLC will provide and maintain a direct link from customer's website to the Product site using a Special Required URL, and/or any other URL provided by The Property Ferret LLC, with all programming and security codes supplied by The Property Ferret LLC, enabling Customer's website visitors to search the local Multiple Listing Service Database and enabling emails back to customer's designated email address during a session where property searches occur.

CUSTOMER'S RESPONSIBILITIES
Customer shall be solely responsible for, and The Property Ferret LLC disclaims all liability for, the development, operation, and maintenance of your Website and for all materials that appear on your Website. Including but not limited to: (1) technical operation of your Site and all related equipment; (2) the accuracy and appropriateness of materials posted on your Site; (3) ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party (including, but not limited to, patents, copyrights, trademarks, privacy, or other personal or proprietary rights); and (4) ensuring that materials posted on your Site are not libelous or otherwise illegal. Additionally, customer agrees to assist in any and all necessary paperwork required by the customer's MLS association in order to connect to the FTP download and/or RETS server necessary for proper operation of the product.

LIMITED WARRANTY.

The Property Ferret LLC does not warrant that customer/purchaser's use of the Product will be uninterrupted or that the operation of the Product will be error-free. In addition, the Product has inherent limitations, and Customer must determine that the Product sufficiently meets his/her requirements.

The Property Ferret LLC also warrants that the Product does not contain any virus, disabling device, “time-bomb”, or remote control mechanism that might, or might be utilized to, impede the Product’s operation, damage the end-user’s environment, or compromise the integrity of any of the end-user’s files.
 
The Property Ferret LLC makes no other warranties, statutory, express or implied, with respect to products or a service supplied under this Agreement and disclaims all other warranties, including the warranties of merchantability, fitness for particular purpose and non-infringement.

The Property Ferret LLC warrants that the Software and any other materials provided by The Property Ferret LLC to the end-user under this agreement will not violate or in any way infringe upon any patent, copyright, trade secret, trademark, service mark, or trade name of any third-party, nor will their use by the end-user in the manner in which they were intended to be used, infringe upon any other patent, copyright, trade secret, trademark, service mark, or trade name of any third-party.

CUSTOMER REMEDIES AND LIMITATION ON SOFTWARE'S LIABILITY-

Customer's exclusive and sole remedy for any breach of this warranty shall be, in The Property Ferret LLC's sole discretion, to use its reasonable efforts to correct such errors in a manner consistent with The Property Ferret LLC's regular business practices. In no event shall The Property Ferret LLC be liable under any contract, torts, negligence, strict liability or other legal theory for (a) damages in excess of the purchase price or (b) any special, consequential, incidental or indirect damages (including without limitation loss of profit, loss of savings, loss of or damage to data, loss of goodwill, computer failure or malfunction or any and all other commercial damages or losses) whether or not, The Property Ferret LLC has been advised of the possibility of such loss and however caused. This exclusion includes any liability that may arise out of third-party claims against Customer. In no event will The Property Ferret LLC be liable for costs of procurement of substitute goods by Customer. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE  PROPERTY FERRET LLC 'S PRODUCT IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE PROPERTY FERRET LLC SITE WILL NOT BE UNINTERRUPTED, AND WE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

MODIFICATION
This agreement may be amended from time to time without prior notification.