License Agreement

iRealtySolution property management software package is called “Software Product” here. The “Software Product” is protected by copyright laws of USA and International copyright treaties and other intellectual property laws and treaties. iRealtySolution retains copyright to the “Software Product”. The “Software Product” is licensed, not sold.
This License Agreement is a legal agreement between you (an individual or a legal entity) and iRealtySolution. iRealtySolution property management software package includes set of scripts, and may include associated media, printed materials, and "online" or electronic documentation, such as administration and installation manual. By purchasing, installing, copying, downloading, accessing or otherwise using ANY of the iRealtySolution software packages, you agree to be bound by the terms of this License Agreement.

1. THIS LICENSE AGREEMENT GRANTS YOU THE FOLLOWING RIGHTS

Developer License

Developer license of iRealtySolution property management solution allows Developer license owner to redistribute, customize, re-brand and resell the software as part of their applications. No limitations apply on Developer license.

Single User License

(a) Software Installation and Use. iRealtySolution hereby grants you a single, non-exclusive, non-transferable license to use one copy of the “Software Product” in accordance with the terms and conditions of the License Agreement. Any rights not expressly granted are reserved. This license authorizes you to install and use a single copy of the “Software Product” on a single domain name or IP address. If you install additional copies, even if such additional copies are located on the same domain and/or the same IP, such usage is prohibited unless additional licenses are purchased. The software has a small piece of encrypted code which helps us to track unlicensed copies of our software.

(b) Source Code Usage This license prohibits selling, licensing, giving away, or otherwise distributing the source code for any of the scripts contained in “Software Product”, either in full or any subpart thereof or any how modified. Nor may you use this source code, in full or any subpart thereof, as part of another program that you either sell, license, give away, or otherwise distribute via any method. You may modify the source code to customize the "look and feel" and functionality of the “Software Product” for your personal usage on the licensed installation only.

2. DESCRIPTION OF RIGHTS AND LIMITATIONS FOR SINGLE USER LICENSE
(a) Termination. This License Agreement shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another section of this License Agreement. This License Agreement will terminate automatically if you breach any provision of it. In such event, you must destroy all copies of the “Software Product”, and all of its component parts and cease all further use of it. You agree that iRealtySolution has the right to use any and all means necessary to enforce its rights if you are in material breach of this agreement, including but not limited to the right to repossess the software electronically by disabling it remotely over the Internet, and that termination will not entitle you to a refund of the purchase price or any other amounts paid under any circumstances whatsoever. Termination will have no effect on your obligation to safeguard and protect proprietary rights of iRealtySolution, disclaimers and warranties, the Copyright Infringement section.

(b) Copyright Notice. Under all circumstances, you are prohibited from removing any of the copyright notices from the software, whether contained in the program code or within the HTML pages that the program generates. Removal or alteration of said copyright notices by User shall constitute a material breach of this LA. You agree that if you remove copyright notice in violation of this section, iRealtySolution shall have the option of assessing a monetary penalty against you for such violation in lieu of terminating your license to use the “Software Product”. Exercise of this option by “Software Product” shall in no way authorize you to continue such violation or limit the right of “Software Product” to terminate your license for subsequent violations. However, you are allowed to remove visible copyright references such as links to iRealtySolution.

(c) Third Parties. Any third party or subsequent entity that purchases, installs, copies, downloads, accesses or otherwise uses the “Software Product”, as well as any third party or subsequent entity that views, copies, creates derivative works from, appropriates, or otherwise alters all or any part of the source code, whether on not such actions were performed legally and in accordance with the terms of this License Agreement, shall be bound by the terms of this License Agreement, as amended from time to time by iRealtySolution and posted online by iRealtySolution at its web sites. Performing any of the actions enumerated above shall constitute constructive agreement to be bound by the terms of this License Agreement.

(d) Copyright Infringement. For the purposes of this License Agreement, copyright infringement includes the acts of selling, licensing, giving away, or otherwise distributing all or any part of the source code contained in this “Software Product”, or using all or any part of the source code to create derivative works. Copyright infringement for purposes of this License Agreement shall also include using all or any part of the source code of the “Software Product” as part of another program that you or any subsequent party either sells, licenses, gives away, or otherwise distributes via any method. Copyright infringement under this License Agreement shall also include the act of appropriating any of the concepts, techniques, programming methods, or algorithms contained in the source code for the “Software Product” if the infringing party viewed or otherwise had access to the source code in any way, even if the source code of the infringing product has been modified or obfuscated so as to appear different from the source code of the “Software Product”. Access to the source code of the “Software Product” by the infringing party shall constitute proof of copyright infringement under this License Agreement if any of the other conditions above have been satisfied.

(e) Amendments. You agree that, in order to maintain your ongoing license to use the “Software Product”, iRealtySolution shall have the right to post reasonable amendments to this License Agreement online from time to time at its web sites, and that you shall be bound by such amendments. Such amendments must be designed to protect the intellectual property rights of iRealtySolution in the “Software Product” and may not impose additional or ongoing fees for using the “Software Product” other than those that you agreed to or that were in effect at the time that you licensed the “Software Product”. You agree that it shall be your responsibility to monitor the license agreement posted online and ensure ongoing compliance with its terms. If you disagree with any amendments posted under this section, your sole recourse shall be to terminate this license and your usage of the “Software Product”.

(f) Marketing. Unless you submit to iRealtySolution a signed and written request that your company and/or your web site not be used for marketing purposes, you hereby grant to iRealtySolution the right to mention your company and/or your web site as a customer site in its marketing materials, such as on iRealtySolution web sites, in product brochures, or in other media. Such usage may include listing your web site, linking to your web site, and/or displaying your company's logo as part of such listings or links

3. REFUND POLICY
Please take time and evaluate the software using our online demo. Before purchase, make sure that your server supports the software requirements. Refunds will not be given for reasons surrounding the user's lack of knowledge of the software's functionality, limitations, or restrictions, as we provided every opportunity to evaluate the software prior to purchase. If you have a question, please ask our staff before making your purchase. Complete source code is shipped with the software, the digital nature of the product makes it non-returnable; therefore all sales are final.

4. UPGRADES
"Software product" comes with a two years subscription, which includes free updates/upgrades and free technical support. After two years, you will receive a notice that you are eligible to renew your product. Current customers, if you do not wish to renew, your current version will not expire! However, you will no longer be able to receive new versions of the product.

To prolong your right to receive updates/upgrades for the "Software product", you will have to pay half amount of the "Software Product" cost.

If the "Software Product" is an upgrade of a component for a product that you were granted a license for as a single product, the "Software Product" may be used and transferred only as part of that single product package and may not be separated for use on more than one computer, web server, or web site. You may use a single copy of the complete, upgraded "Software Product" on a single domain name or IP. You may not continue to use the original "Software Product" if you accept and use the upgraded "Software Product".

iRealtySolution determines time frame of "Software Product" upgrades provision and in accordance with delivery terms. You may choose to upgrade 'Software Product' or not to. iRealtySolution provides upgrades to licensed 'Software Product' copy only and technically compatible with default 'Software Product' copy. Upgrades may not be technically compatible with modified copy of 'Software Product". New version of 'Software Product' is provided for licensed 'Software Product" copy only and may be technically incompatible with older version. Upgrade installation if requested may apply services fees.

5. COPYRIGHT
(a) Ownership. Except as noted below, all title and intellectual property rights in and to the “Software Product” (including but not limited to any source code, images, photographs, animations, and text incorporated into the “Software Product”), the accompanying printed materials, and any copies of the “Software Product”, are owned by iRealtySolution. You may not copy the printed materials accompanying the “Software Product”. Any customization, translation, modification, or revision of the source code of the “Software Product” does not contain right to selling, licensing, giving away, or otherwise distributing such source code either in full or any subpart thereof. The creation of derivative works based on or through the use of the source code of the “Software Product” is prohibited. All title and intellectual property rights in and to the content which may be accessed through use of the “Software Product” is the property of the respective content owner. This License Agreement grants you no rights to use such content. All rights not expressly granted under this License Agreement are reserved by iRealtySolution.

(b) Your Responsibilities. You agree to use due diligence to safeguard and protect the “Software Product” and all source code as the valuable trade secret and exclusive property of iRealtySolution. You will at all times use due diligence to safeguard and protect all such confidential and proprietary information pertaining to the “Software Product”. You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the “Software Product” remain intact and clearly legible. You specifically agree to indemnify iRealtySolution for all losses that it may incur due to the theft of all or any part of the source code of the “Software Product” while in your possession.

6. PRODUCT SUPPORT
iRealtySolution provides support and technical assistance for all licensed copies of the ‘Software Product’. iRealtySolution reserves the right to determine time frame and amount of assistance provided. Abnormal support issues may incur additional service fees.

7. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. iRealtySolution does not warrant that the functions of the “Software Product” will meet your requirements or that operation of the “Software Product” will be uninterrupted or error free. You assume all responsibility for selecting the “Software Product” to achieve your intended results, and for the use and results obtained from the “Software Product”. iRealtySolution is not responsible if the “Software Product” does not operate on your server or computer. Should the Program prove defective, you and not iRealtySolution assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the program is not a valid reason for requesting a refund of the purchase price. This disclaimer of warranty constitutes an essential part of this agreement.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall iRealtySolution be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if iRealtySolution has been advised of the possibility of such damages.

This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.