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License Agreement

BY CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO BECOME A PARTY TO THIS AGREEMENT.

LICENSE AND WARRANTY:

The Service which accompanies this license (the "Service") is the property of BayNet® World, Inc. ("BayNet") , it’s partners, affiliate or its licensors and is protected by U.S. copyright and patent law. While BayNet® World, Inc. continues to own the Service, all other products and the Software underlying it, you ("Customer") will have certain rights and obligations in using the Service after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Service are as follows:

DESCRIPTION OF SERVICE:

ListingAlert! is a Service and software for use ONLY by licensed real estate agents. It allows agents to set up via a Web page interface a number of home buyer profiles with their requirements and then receive, in an automated fashion and mediated by the ListingAlert! Software on BayNet's Server Computer, Pager, Pager or Email alert notifications when a new property listing matching any buyers' needs has been entered/posted on the MLS (Multiple Listing Service).

To use Baynet software, you will need the latest version of Microsoft Internet Explorer, Google Chrome, Safari web browser, or Firefox. The software may not work properly with older browser versions.

LISTINGS DISCLAIMER

Listings are the property of the MLS and one provided by Baynet to the REALTOR(R) thru a third party agreement and or by open public sources.

Please note, it is the end user’s responsibility to determine if any of the images on the site are copyright protected or not, and it will be in the end user’s best interest to provide their own images and or replace existing images. Baynet will make all efforts not to use any copyrighted images.

WHO MAY USE ListingAlert AND ALL OTHER BAYNET PRODUCTS

You may use the Service only for your own purposes, for your own clients. You must be a licensed real estate agent, with a valid account to access the MLS, in good standing with your MLS and in compliance at all times with your MLS' Rules and Regulations. BayNet is neither a licensed realtor nor a multiple listing service (MLS). This Agreement does not grant you access to any MLS database.

PRICING AND PAYMENT:

You will be asked at sign-up to enter your credit card number or check. BayNet will keep your credit card information secure and confidential. By accepting this License Agreement and by providing your credit card payment information you agree to the pricing set forth herein and agree to be billed for the Service, as described, until you or BayNet terminates the Service Agreement.

The Service is priced per year, per half year, per three month or per month, and the minimum INITIAL TERM is 3 months or as specified in each product. BayNet reserves the right to change the pricing from time to time, as it deems fit, at its own discretion. You will be given 30 days notice of any price changes. The current price for the service and any pricing options are posted at http://www.e-agents.com

Renewals will be done automatically unless service is cancelled by subscribers. All cancellation should be sent to support@baynet.com or faxed to (408)253-8098

CANCELLATION:

Baynet services are cancelable anytime after the date of initial signup or renewal, you must send a cancellation request via e-mail to support@baynet.com. All accounts will be auto renewed, one week prior to the anniversary. If you are canceling your account before the next renewal date, you must have this done one week prior to your expiration date (please call Baynet to verify your expiration date). Any cancellations after your signup or renewal date will result in a prorated credit being issued to you by your method of payment LESS a $150 cancellation and processing fee. Credit Card Surcharges will also apply.

CONFIDENTIALITY:

BayNet warrants that all information about yourself, your credit card and your clients will be held in confidentiality and secure. BayNet will not release or sell or otherwise use the information you provided for any other purpose than as necessary to operate the ListingAlert! service.

ADVERTISING:

BayNet reserves the right to publish, without notice to Customer, banner advertising on any ListingAlert! Web pages, including Client pages. BayNet intends to use the revenue generated from such advertising to improve the functionality of ListingAlert! . BayNet will make sure that the advertising is in good taste and non-obtrusive. Should Customer have good cause and reason to believe that the Advertising in any way negatively affects Customer's Client Relationships, or Customer's own effective use of the Service, then BayNet agrees to exclude Customer's and his/her Client's pages from receiving advertising.

EMAIL and VIRUSES:

Please note that we may intercept and monitor incoming/outgoing email and therefore you should neither expect nor intend any email to be private in nature. We believe but cannot guarantee that the email is virus free prior to leaving our computer system. You should satisfy yourself that it is free from harmful components, as we do not accept responsibility for any loss or damage it may cause to your computer systems.

LIMITED WARRANTY:

BayNet® World, Inc does not warrant that the Service will meet your requirements or that operation of the Service will be uninterrupted or that the Service will be error-free

BayNet or it’s partners are not in charge of, is not in control of, is not responsible for information posted on the MLS (Multiple Listing Service) or with any of the mobile/fax/pager companies the customer may indicate in his/her profile. Customer understands that the correct functioning of the Service is dependent upon the availability of the MLS database and the mobile/fax/pager services used.

BayNet's sole obligation under this Agreement is to maintain the Service and Software and the corresponding hardware and to assure reasonably uninterrupted service. All other obligations are hereby refuted, including the system's suitability for any particular purpose. Under no circumstance shall BayNet. or their employees be held responsible for any liability greater than the amount of one month subscription fee stemming from the use of the Service, including but not limited to loss of revenue or profits, loss of use, interruption of business, or for any indirect, special, incidental, or consequential damages of any kind, based upon any claim, whether in contract or tort, arising out of or related to this agreement.

All information gathered by this Service is deemed reliable but not guaranteed. Client is strongly advised to take appropriate steps to determine the accuracy of any information provided by this Service before acting on it.

The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. This warranty gives you specific legal rights. You may have other rights, which vary from state to state.

MOBILE ALERTS DISCLAIMER:

Baynet World, Inc. assumes no responsibility for the non-delivery or failure of any mobile alerts delivered through ListingAlert! or related Baynet products as a result of a wireless carrier's failure to deliver the alert or as a result of a wireless carrier's service failure. In addition, we assume no liability for failure of mobile services as a result of incorrect configuration or software compatibility issues that are inherent or present in an agent's mobile phone/device. The Real Estate Agent (client) of Baynet World, Inc. agrees to indemnify and hold Baynet harmless for any such failures or lapses of service.

Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will BayNet be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the Service, even if BayNet has been advised of the possibility of such damages.

Note: Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. In no case shall BayNet's liability exceed the purchase price for the Service. The disclaimers and limitations set forth above will apply regardless of whether you accept the Service or not. Your responsibilities under this Agreement shall be considered to be the same as if you were to perform the searches yourself, including responsibility for moderating which information is released to non-MLS members.

Restricted rights legend. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1) (ii) of the Rights in Technical Data and Computer Service clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Service-Restricted Rights clause at 48 CFR 52.227-19, as applicable.

GENERAL:

This Agreement and additional software license agreement as specified below will be governed by the laws of the State of California. This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and BayNet® World, Inc. Should you have any questions concerning this Agreement, or if you desire to contact BayNet® World, Inc for any reason, send Email to support@baynet.com or call (408) 253-8090.


THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between you ("User") and Baynet. This acceptance is intended to cover all the Listingproducer, RentalProducer and its affiliated branded products.

1. Grant of License

Baynet  grants to the User, a non-exclusive, non-transferable license to use its proprietary ListingProducer/ListingProducerPro/RentalProducer and its branded software modules ("Software"). The User may not use or duplicate the Software for any use prohibited by law. Baynet and ListingProducer/ListingProducerPro/RentalProducer and its branded products management reserves the right to cancel any site for any unlawful material posted, if it determines, in its sole and absolute discretion that the user is in violation of any US laws including a posting of Obscene Material or offending, illegal materials as defined by US Laws, spam and any other non acceptable postings. The use of the subject published domain is the responsibility of the publisher, Baynet its affiliates and partners have no responsibility or control over the content or use of the subject Domain ( URL ) published. By accepting this agreement you also accept all the liabilities associated with publishing the subject URL or Domain including its contents.

2. Intellectual Property Protection

Software is intellectual property of ListingProducer/ListingProducerPro/RentalProducer and its branded products  and Baynet. This Agreement does not give 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. ListingProducer/ListingProducerPro/RentalProducer and its branded products  are intended for use and can be used without reference from any other form of advertising, including signage on the property. We make no warranty against, and users of ListingProducer/ListingProducerPro/RentalProducer and its branded products are solely responsible for any intellectual property claim made by third parties arising from the use of signage referring to an internet listing. We are aware of one party, Provost Amanda who purports to own patent rights in the area. She can be reached at (800) 826-5123.

3. Limitation of Liability

ListingProducer/ListingProducerPro/RentalProducer and its branded products do not control or check the content User puts into the site. ListingProducer does not pre-screen, review or monitor the data, information or other materials that appear on the site, and under no circumstances shall Baynet be liable for any damages. Baynet and ListingProducer/ListingProducerPro/RentalProducer and its branded products shall be held harmless for losses that occur relating to the use of the Software. Baynet is also not liable for any damages and shall be held harmless for losses that occur relating to any communications generated by the software such as email or text messages and their successful delivery to the intended parties.

4. Privacy

Baynet ListingProducer/ListingProducerPro/RentalProducer and its branded products strive to ensure that our privacy policy is strictly followed. ListingProducer/ListingProducerPro/RentalProducer and its branded products only use information in ways necessary to provide their solution to the User.

5. Use of Information

ListingProducer/ListingProducerPro/RentalProducer and its branded products are used for the sale or leasing of residential or commercial property. Each site license is used to represent a unique property during the license period. It's the user's responsibility to assure the proper permissions are granted for the use of any name for the site.

User grants a license to Baynet ListingProducer/ListingProducerPro/RentalProducer and its branded products to use non-personal data that resides on the Baynet system in ways necessary to deliver the Baynet Web ListingProducer/ListingProducerPro/RentalProducer and its branded products. The proprietary MLS public data information is for use of MLS members only and the publication of all the information is the responsibility of the user. You agree to hold Baynet its affiliates and its partners harmless and liable for any action brought by any other party, you agree to defend, indemnify and hold harmless Baynet and its affiliates and partners its employees direct or indirect from any action, liabilities, claims and expenses.

6. Import from MLS Feature Important Notes

This feature is provided as a convenience to allow the quick addition of your listings to your website. Availability and quality of this service may vary depending on the source of listings in your area. Agents must have the permission of their broker to post listings on their website. The posting of other brokers' listings is strictly prohibited and may be in violation of MLS regulations. Only residential homes and lots for sale can be copied using this feature. New listings may take several days to become available by this service. Baynet is not liable for any damages and shall be held harmless for any inaccuracies or ommisions in MLS data that it imports for the convenience of its users.

7. Termination

User's license is terminated if the User violates this Agreement. Upon termination, the User's domains and Baynet supported web sites will be deactivated, and all traffic will be rerouted to the home page of Baynet ListingProducer/ListingProducerPro/RentalProducer and its branded products.

8. General Provisions

This Agreement is the entire agreement between the User and Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products, and supersedes prior agreements. The laws of California 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.

9. Cancellation Policy

Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products are not cancelable once the domain name has been registered. The maximum license duration for the site is 12 months.

10. International Use

Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products make no representation that material on their sites is appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations are responsible for compliance with local laws and do so on their own initiative.

11. Responsibility for Content

You acknowledge that you are solely responsibly for the content of your web site. You represent and warrant that:

You have received permission from the homeowner/seller to place information concerning the property on this internet site. You agree to indemnify and hold Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products harmless from any and all claims of the homeowner/seller arising out of or in connection with the placement of the property information on this site.

The information regarding any properties that you place on one of Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products sites is accurate and correct to the best of your knowledge and belief ,and that you have verified this information in accordance with the present custom and practice in the industry. You agree to indemnify and hold Baynet harmless from any and all claims of injury and/or damage arising out of or in connection with the accuracy of the information on any Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products sites.

You have been authorized by your employer and/or the owner of the name, service mark/trademark/logo to place its name/service mark/trademark/logo on any of your web pages on Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products sites. You agree to indemnify and hold Baynet harmless from any and all claims by such entity relating to the placement of its name/service mark/trademark on this any Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products sites.

You own or otherwise control all of the rights to the content or that the content is in the public domain and that public posting and use of your content by Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products will not infringe upon or violate the rights of any third party.

Please note, it is the end user’s responsibility to determine if any of the images on the site are copyright protected or not, and it will be in the end user’s best interest to provide their own images and or replace existing images. Baynet will make all efforts not to use any copyrighted images.

You agree to use Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products sites for lawful purposes only and not to post or link to material that is unlawful, vulgar, profane, defamatory, abusive or otherwise objectionable. You recognize that Baynet has the right to remove any material that it finds to be objectionable.

12. Email and Viruses

Please note that we may intercept and monitor incoming/outgoing email and therefore you should neither expect nor intend any email to be private in nature. We believe but cannot guarantee that the email is virus free prior to leaving our computer system. You should satisfy yourself that it is free from harmful components, as we do not accept responsibility for any loss or damage it may cause to your computer systems.

13. E mail delivery

Baynet and it’s affiliates will not be responsible for email deliveries due  to blocking type of software that may be installed in the recipient email.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BAYNET, LISTING PRODUCER/RENTAL PRODUCER, AND ITS BRANDED PRODUCTS (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BAYNET, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT ITS SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.