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THE SOFTWARE IS LICENSED IN ACCORDANCE WITH THE FOLLOWING TERMS AND
CONDITIONS.
DEFINITIONS:
"You" means, and "Yours" refers to the original
end user purchaser of the E-Originator Software and Desktopteam service.
"E-Originator Software System" includes, but not limited to
codes, techniques, software tools, formats, designs, methods, processes,
know-how, and ideas and any and all copies, modifications, upgrades,
enhancements and new releases thereof made or acquired by You and any
and all manuals and other printed materials pertaining to this system.
LICENSE:
approvedbuyer.com grants You a non-exclusive, non-transferable
license to market and install the E-Originator Software/Desktopteam
service and accompanying documentation on any mortgage originator
website duly licensed to originate loans in their respective states.
You assume the entire responsibility for the selection of the program
user to achieve desired results. approvedbuyer.com reserves all rights
in and to all patents, copyrights, trademarks, mask works, and any
other proprietary rights contained or embodied in the Software.
You may make one copy of the Software Program onto one hard drive.
You may not copy the E-Originator Software program(s) contained on any
media other than a diskette; hard disk drive, ROMS, PALs, Software
Protection Key, etc.
You are hereby notified that contained third party suppliers and
vendors are third-party beneficiaries to this Agreement to the extent
that the Software contains software, programming, and other materials
provided by such third-party suppliers and vendors. Such provisions
are made expressly for the benefit of and are enforceable by such
third-party suppliers and vendors in addition to approvedbuyer.com.
NON-PERMITTED USES:
You may not sub-license, assign, or transfer Your rights under the
Agreement without the prior written permission of approvedbuyer.com.
You may not use, copy, alter, or transfer, electronically or
otherwise, the E-Originator Software program(s) or documentation
except as expressly allowed by this Agreement.
You may not translate, reverse engineer, disassemble or decompile
the E-Originator Software.
LIMITS OF LIABILITY:
In no event or circumstance shall approvedbuyer.com or its
third-party suppliers and vendors be liable for any losses (whether in
tort, contract, or otherwise) incurred in connection with the purchase,
sale, possession, operation, or use of the Software (separately or in
connection with other products) including, but not limited to loss of
time, loss of anticipated profits, loss of data, loss of information,
loss of business, loss of revenue, loss of goodwill or loss of
anticipated savings or other losses relating to routing or programming
errors. In no event shall approvedbuyer.com or its third-party suppliers
and vendors be liable for any incidental or consequential damages,
directly or indirectly arising from use or inability to use the
Software, separately or in combination with other products. In no event
shall the total liability of approvedbuyer.com damages exceed the amount
paid by You for the Software.
ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between You and
approvedbuyer.com and supercedes any and all prior agreements between
approvedbuyer.com and You with regard to the E-Originator Software. No
amendment, modification, or waiver of this Agreement will be valid
unless set forth in a written instrument signed by the party to be bound
thereto. This Agreement shall be governed by the laws of the State of
Florida. No failure or delay on the part of approvedbuyer.com to enforce
its rights hereunder shall operate as a waiver of any right.
LICENSING FEES:
All fees are designated at the sole discretion of approvedbuyer.com
and/or it’s third party suppliers. They are subscription based and are
payable in advance through use of a valid, authorized credit card or
bank draft unless other arrangements have been made by a representative
of approvedbuyer.com. There will be no refunds for partial use once the
service has been established.
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