| 
The
Foreclosure Investment Software System That Seeks Out Equity
and Profit! |
THE SHARK BAIT
LICENSE AGREEMENT
Read This Entire Agreement
Before Downloading The Shark Bait Software.
SHARK BAIT END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED
PART I -- TERMS APPLICABLE WHEN LICENSE
FEES ARE PAID
GRANT. Subject to payment of applicable
license fees included with the purchase of the SHARK BAIT foreclosure
software, CRS Data Solutions grants to you a non-exclusive license
to use the Software and accompanying documentation ("Documentation")
in the manner described in Part II below under "Scope of Grant."
LIMITED WARRANTY.
CRS Data Solutions warrants that
for a period of thirty (30) days from the date of acquisition,
the Software, if operated as directed, will substantially achieve
the functionality described in the Documentation. CRS Data Solutions
does not warrant, however, that your use of the Software will
be uninterrupted or that the operation of the Software will be
error-free or secure. In addition, the security mechanisms implemented
by CRS Data Solutions software have inherent limitations, and
you must determine that the Software sufficiently meets your requirements.
CRS Data Solutions also warrants that the media containing the
Software, if provided by CRS Data Solutions, is free from defects
in material and workmanship and will so remain for thirty (30)
days from the date you acquired the Software. CRS Data Solutions's
sole liability for any breach of this warranty shall be, in CRS
Data Solutions's sole discretion: (i) to replace your defective
media; or (ii) to advise you how to achieve substantially the
same functionality with the Software as described in the Documentation
through a procedure different from that set forth in the Documentation;
or (iii) if the above remedies are impracticable, to refund the
purchase and license fee you paid for the Software. Repaired,
corrected, or replaced Software and Documentation shall be covered
by this limited warranty for the period remaining under the warranty
that covered the original Software, or if longer, for thirty (30)
days after the date (a) of shipment to you of the repaired or
replaced Software, or (b) CRS Data Solutions advised you how to
operate the Software so as to achieve the functionality described
in the Documentation. Only if you inform CRS Data Solutions of
your problem with the Software during the applicable warranty
period and provide evidence of the date you purchased a license
to the Software will CRS Data Solutions be obligated to honor
this warranty. CRS Data Solutions will use reasonable commercial
efforts to repair, replace, advise or, for individual consumers,
refund pursuant to the foregoing warranty within 30 days of being
so notified.
THIS IS A LIMITED WARRANTY AND IT
IS THE ONLY WARRANTY MADE BY CRS DATA SOLUTIONS. CRS DATA SOLUTIONS
MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT
OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND
OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED
WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY
TO YOU. NO CRS DATA SOLUTIONS DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modifications are made to the Software by you during the
warranty period; if the media is subjected to accident, abuse,
or improper use; or if you violate the terms of this Agreement,
then this warranty shall immediately be terminated. This warranty
shall not apply if the Software is used on or in conjunction with
hardware or software other than the unmodified version of hardware
and software with which the software was designed to be used as
described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
JURISDICTION.
PART II -- TERMS APPLICABLE TO THE
LICENSE GRANT
SCOPE OF GRANT.
You may: * use the Software on any
single computer; and * copy the Software for archival purposes,
provided any copy must contain all of the original Software's
proprietary notices.
You may not: * permit other individuals
to use the Software; * modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically
prohibit such restriction), or create derivative works based on
the Software; * copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer
rights to the Software; or * remove any proprietary notices or
labels on the Software.
TITLE.
Title, ownership rights, and intellectual
property rights in the Software shall remain in CRS Data Solutions
and/or its suppliers. The Software is protected by the copyright
laws and treaties. Title and related rights in the content accessed
through the Software is the property of the applicable content
owner and may be protected by applicable law. This License gives
you no rights to such content.
TERMINATION.
The license will terminate automatically
if you fail to comply with the limitations described herein. On
termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS.
None of the Software or underlying
information or technology may be downloaded or otherwise exported
or reexported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders.
By downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are
not located in, under the control of, or a national or resident
of any such country or on any such list.
In addition, if the licensed Software
is identified as a not-for-export product (for example, on the
box, media or in the installation process), then the following
applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN
CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE
EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR
"FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING
WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL
PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING
THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING
THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A
FOREIGN PERSON.
LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL CRS DATA SOLUTIONS OR ITS SUPPLIERS OR RESELLERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
IN NO EVENT WILL CRS DATA SOLUTIONS BE LIABLE FOR ANY DAMAGES
IN EXCESS OF THE AMOUNT CRS DATA SOLUTIONS RECEIVED FROM YOU FOR
A LICENSE TO THE SOFTWARE, EVEN IF CRS DATA SOLUTIONS SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant
and is not designed, manufactured or intended for use or resale
as on-line control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the
failure of the Software could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk
Activities"). CRS Data Solutions and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk
Activities.
MISCELLANEOUS.
If the copy of the Software you received
was accompanied by a printed or other form of "hard-copy" End
User License Agreement whose terms vary from this Agreement, then
the hard-copy End User License Agreement governs your use of the
Software. This Agreement represents the complete agreement concerning
this license and may amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision
of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by California law (except for
conflict of law provisions). The application the United Nations
Convention of Contracts for the International Sale of Goods is
expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to
restrictions set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19
when applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013,
or at 252.211-7015, or to CRS Data Solutions's standard commercial
license, as applicable, and in similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is CRS Data Solutions, P.O.
Box 84605, San Diego, CA 92138-4605. |