LIMITED LICENSE AGREEMENT
IMPORTANT! This downloadable content, whether in electronic or hardcopy form is protected by U.S. and international copyright laws and is licensed only on the condition that you, the User, agree with Licensor (“Breakthrough Broker”) to the terms and conditions set forth in this legal agreement ("Agreement"). READ THIS CONTENT AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT IF YOU DOWNLOAD THIS CONTENT. By downloading, copying or otherwise using this Content you accept all the terms and conditions of this Agreement. Please read it carefully. If you do not agree to the terms and conditions of this Agreement, do not download, copy, or use this Content.
LIMITED LICENSE: By the act of downloading this Content, Licensor grants the User a single limited personal and/or limited commercial, non-transferrable, non-exclusive license to utilize the Content subject to the terms and conditions of this agreement. THE USER MAY NOT PROFIT FROM, USE, COPY, MODIFY, OR TRANSFER THE CONTENT OR IN WHOLE OR IN PART, EXCEPT AS PROVIDED IN THIS AGREEMENT. The license granted permits the User to do only each of the following:
You are permitted to:
Use the Content for personal non-profit use(s) including academic, educational and/or professional training.
Use the Content solely for the commercial benefit of the User’s immediate and personal real estate business interest(s). However, user may not offer, sell, resell, rent, lease or otherwise provide the Content, copies of, and/or derivative works thereof to any third party for commercial/monetary gain.
Personalize/customize the Content for personal non-commercial and/or for limited commercial use as defined by the terms of this agreement only where invited to do so through specific instructions in the Content itself or by obvious formatting of the Content such that a reasonable person would understand that such Content was intended to be personalized and/or customized.
You are not permitted to:
User may not alter, obscure, remove, move, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices from the Content.
User may not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, resell, receive compensations for, share, sublicense, syndicate, or otherwise provide to others, or use any Content in whole or in part, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content outside of the limited exceptions for personal and/or limited commercial use as determined by the express written terms of this limited license except as permitted by the Copyright Act.
User agrees not use the Content for any purpose that is unlawful or prohibited by this Agreement.
User agrees not to use the content in such a manner as to compete with the business interests of Licensor, namely providing internet based real-estate and/or general business marketing, strategic and/or educational information and advice outside the express written terms of this limited license.
These are the only rights granted. All other rights are expressly reserved by Licensor. Such limits shall apply to use of either a portion of or the entire Content. The rights granted by this license shall terminate automatically upon the User's failure to abide by all terms or conditions of this license, written notice by the Licensor or by any contribution by the User to any infringement of any proprietary rights owned or licensed by Licensor. In the event of any termination, the User agrees to destroy the Content and all copies thereof.
Ownership: The Content is the property of Breakthrough Broker, LLC and/or its licensors. Under this limited license the User may own the physical media (disk, floppy, CD-ROM, etc.) on which the Content is originally or subsequently recorded or fixed. Licensor, or its representatives, partners, suppliers, licensors or vendors, retains all title and ownership, and/or licenses including copyright, of the Content (including without limitation, images, video, audio, music, photographs, text, graphics, animations, and other content) and all subsequent copies or derivative works of the Content, regardless of the form or media in or on which the original, and other copies may exist. This Limited License authorizes limited, nonexclusive use of the Content and is not a sale of the original Content or any copy thereof.
Termination: This Agreement is effective until terminated. User may terminate this License at any time by destroying the Content and all copies thereof. This License will terminate immediately without notice from Licensor if User fails to comply with any provision of this Agreement. Upon termination, User must destroy the Content and all copies thereof.
Liability/Warranty Disclaimers: IN NO CASE SHALL LICENSOR, ITS EMPLOYEES, AGENTS, OR SUCCESSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, ARISING FROM RELIANCE ON THE INFORMATION CONTAINED OR RELATED TO THE CONTENT AND/OR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY IN TORT OR CONTRACT, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF BUSINESS, DAMAGES FROM BUSINESS INTERRUPTION, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY, COSTS OF RECOVERING, OR REPRODUCING ANY CONTENT EVEN IF LICENSOR, ITS EMPLOYEES, AGENTS, OR SUCCESSORS, OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER AGREES THAT LICENSOR'S AND ITS EMPLOYEES', AGENTS', OR SUPPLIERS' TOTAL LIABILITY, IF ANY, UNDER ANY THEORY, SHALL NOT EXCEED ANY AMOUNT PAID BY USER FOR THE CONTENT. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, AGENTS, OR SUCCESSORS WILL IN NO WAY INCREASE THE SCOPE OF LIABILITY OR LIMITED WARRANTY, NOR MAY THE USER RELY ON ANY SUCH WRITTEN OR ORAL COMMUNICATION. THE USER AGREES TO ACCEPT THIS CONTENT "AS IS" AND "WITH ALL FAULTS" OTHER THAN THE LIMITED WARRANTY STATED ABOVE. ALL EXPRESS WARRANTIES UNLESS SPECIFICALLY STATED HEREIN AND ALL IMPLIED WARRANTIES ON THE CONTENT, MEDIA AND DOCUMENTATION INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. Some states do not allow limitations on how long an implied warranty may last or on incidental or consequential damages so the above limitation may not apply to you.
In addition, Licensor gathers and provides Content from sources it considers reliable. Although every precaution has been taken in the evaluation and creation of the Content, Licensor assume no responsibility for errors or omissions, regardless of the cause of such inaccuracy, non-authenticity, infringement, error, or omission. As such, LICENSOR, ITS EMPLOYEES, AGENTS, OR SUCCESSORS DISCLAIM ANY LIABILITY, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM ERRORS, INFRINGEMENTS OR OMISSIONS IN THE CONTENT.
Indemnification: You agree to indemnify, defend and hold harmless Licensee, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation and/or use of Licensee website, the Content, use of Content obtained on or through the website, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Agreement. Such indemnification claim is non-transferrable nor assignable to any party.
Third Parties: Licensor shall be responsible only to the User; no responsibility to any third party shall be created. The limited warranty set forth above is in lieu of all other express warranties and the remedies set forth above are the User's sole and exclusive remedies. The agents, employees, distributors, successors of Licensor are not authorized to make modifications to this warranty or additional warranties on its behalf. This warranty gives you specific legal rights. You may also have other rights which vary from state to state.
General Conditions and Covenants: The validity and interpretation of this Agreement shall be governed by and construed in accordance with Colorado law except as to copyright and other proprietary matters which may be preempted by United States laws and international treaties. In the event of any violation of this Agreement, Licensor reserves the right to pursue any state law remedies (including contractual remedies) or remedies under federal laws or both. The User consents to exclusive jurisdiction in either state or federal courts in Colorado or both as appropriate and agrees that the prevailing party may be entitled to its attorneys’ fees and costs. No decision, act, or inaction of Licensor shall be construed to be a waiver of any right or remedy, and pursuit of any state or federal causes shall not be deemed an election of remedies. In the event any provision of this Agreement shall be deemed unenforceable, or void, or invalid, such provision shall be modified so as to make it valid and enforceable and as so modified the entire Agreement shall remain in full force and effect. This Agreement sets forth the entire understanding and agreement between the parties and no written or oral representations of any kind whatsoever shall in any way modify or expand the terms of this Agreement. In the event of any conflict or inconsistency between the terms of this Agreement and any documentation, this Agreement shall preempt such documentation to the extent inconsistent.
WARNING: All material associated with this Agreement is copyrighted material. The owner of the Content and materials asserts all copyrights and other proprietary rights in and to such items except as licensed to users hereunder and subject to strict compliance with the terms of this license. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, or use of copyrighted materials (Title 17, United States Code). Civil statutory penalties may be awarded for up to $150,000 for each infringement. Furthermore, the Federal Bureau of Investigation investigates allegations of criminal copyright infringement for enforcement of penalties which may include imprisonment for up to ten (10) years.
Should you have any questions concerning this agreement you may contact Breakthrough Broker, LLC. at 112 E. Olive St. Fort Collins, CO 80524, Telephone: 1-800-682-4661
BY DOWNLOADING THE CONTENT SUBJECT TO THIS LICENSE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT AND SUPERSEDES ANY PROPOSAL DEALINGS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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