END USER LICENSE AGREEMENT
IMPORTANT, PLEASE READ CAREFULLY. THIS IS YOUR END USER LICENSE AGREEMENT
This Vacation Rental Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Vacation Rental Software is licensed, not sold.
END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and VacationRentalTemplates.com with regard to the copyrighted Software (herein referred to as "Vacation Rental Software" or "SOFTWARE") provided with this EULA. The Vacation Rental Software includes computer software, the associated media, and any "online" or electronic documentation. Use of any software and related documentation ("Software") provided to you by VacationRentalTemplates.com in whatever form or media, will constitute your acceptance of these terms. If you do not agree with the terms of this EULA, do not register for an account or use the Software. By using the Vacation Rental Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, VacationRentalTemplates.com is unwilling to license the Vacation Rental Software to you.
1. ELIGIBLE LICENSEES. This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing.
2. LICENSE GRANT. VacationRentalTemplates.com grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to make a backup of you user generated content. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.
3. TERMINATION. Without prejudice to any other rights, VacationRentalTemplates.com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Vacation Rental Software in your possession.
4. COPYRIGHT. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of VacationRentalTemplates.com and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the Vacation Rental Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Vacation Rental Software), the accompanying electronic documentation, and any copies of the Vacation Rental Software, are owned by VacationRentalTemplates.com or its suppliers. The Vacation Rental Software is protected by copyright laws and international treaty provisions. You may not copy the electronic documentation accompanying the Vacation Rental Software.
5. REVERSE ENGINEERING. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to VacationRentalTemplates.com.
6. DISCLAIMER OF WARRANTY. The entire risk as to the quality and performance of the Software is with you. Neither VacationRentalTemplates.com nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. VacationRentalTemplates.com IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
7. LIMITATION OF LIABILITY. VacationRentalTemplates.com entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall VacationRentalTemplates.com or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if VacationRentalTemplates.com or its supplier has been advised of the possibility of such damages, or any claim by a third party.
8. RENTAL. You may not loan, rent, or lease the SOFTWARE.
9. UPGRADES. If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the Vacation Rental Software is an upgrade of a software program which you licensed as a single product, the Vacation Rental Software may be used only as part of that single product package and may not be separated for use on more than one computer.
10. USER GENERATED CONTENT. “user generated content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. We will not reproduce, adapt, publish, translate and distribute your user content in any existing or future media. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
11. ACCEPTABLE USE. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications.
12. RESTRICTED ACCESS. Access to account areas of our website is restricted to account holders. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
13. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall VacationRentalTemplates.com or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this "Vacation Rental Software" product, even if VacationRentalTemplates.com has been advised of the possibility of such damages.
14. INDEMNIFICATION BY YOU. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend VacationRentalTemplates.com and its suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.
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