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1. Grant of License
Point2 grants to the User (a licensed real estate professional) a non-exclusive,
non-transferable license to use its proprietary Point2 NLS™ software modules
("Software"). The User may not use the Software for any use prohibited by law.
2. Applicable Fees
The User agrees to pay the fees associated with the applicable version of the Software the User
chooses to use and/or any other features that have fees associated with them and the User chooses to use.
No refunds, reimbursements or the like will be issued for any reason whatsoever to the User
after execution of the Agreement and payment of applicable fees. User subscriptions will renew
monthly or yearly as applicable unless the User provides Point2 with 48 hours notice of termination
of said Subscription. After the date of termination of this Agreement by the User or Point2, no
further subscription fees will be charged to the User.
3. Membership in Point2NLS™
By virtue of your use of this Software, you receive membership in the Point2 NLS™.
As such, you agree to participate in said Point2 NLS™ in a manner consistent
with the Practices and Principles as set out at nls.point2.com.
4. Intellectual Property Protection
This Software is the intellectual property of Point2. This Agreement does not give
the User any intellectual property rights in the Software. The User agrees not to
make any attempt to discover or obtain the source code for the Software.
5. Limited Warranty
The User's exclusive remedy, and Point2's only obligation
under any law shall be to repair or replace the Software in a reasonable period
of time. This is a limited warranty and the only warranty made by Point2 and its
agents.
6. Limitation of Liability
Under no circumstances, shall Point2 be liable for any damages. Point2 shall be
held harmless for losses that occur relating to the use of the Software.
7. Privacy
Point2 will take reasonable measures to ensure that our privacy policy is adhered
to. Point2 only uses information in ways necessary to provide the Point2 NLS™
solution to the User.
8. Use of Information
The User grants a continuous license to Point2 to use any and all non-personal data
entered into the Software in any way necessary or desired by Point2 to deliver the
Software and related Point2 technology solutions.
9. Listing Advertising
Where the User participates in or utilizes Agent Handshake™, the User grants
the right to use, publish, promote or otherwise advertise the User's shared listings
to other applicable Software users. Further, the User represents and warrants that
they are authorized to make said grant of rights to other Software users. The User
acknowledges and agrees that Agent Handshake™ advertising relationships are
created and participation occurs automatically. The User understands and agrees
that they have the ability and obligation to manage, end, engage and/or alter Agent
Handshake™ agreements as the User desires or is required by law.
10. Advertising Content
Point2 reserves the right to, at its discretion, request the removal, modification,
changes or elimination of any and all content advertising third party services on
Software. In the event that such request is not satisfied by the User, Point2 shall
have the right to terminate this license and end the User's use of the Software.
11. Termination
The User's license is terminated if the User violates this Agreement. Either the
User or Point2 can terminate this Agreement at any time with notice to the other
Party. Upon termination, the User must destroy all copies of the Software and related
documentation. Sections 4, 5 and 6 of this Agreement shall survive termination or
expiration of this Agreement.
12. General Provisions
This Agreement is the entire agreement between the User and Point2 and supersedes
prior agreements. The laws of
Canada
will govern this Agreement. If any part of this Agreement is found to be void, unenforceable
or invalid, it shall not affect the other parts of this Agreement.
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