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Maine Foreclosure Leads Privacy Policy LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, Maine Foreclosure Leads hereby grants to you a non-exclusive, nontransferable, license to use its accompanying proprietary software application products offered on the Maine Foreclosure Leads web site ("Software",) for your own use. Such Software is protected by the Maine Foreclosure Leads laws of the United States and international Maine Foreclosure Leads treaties. RESTRICTED USE. All rights not expressly granted herein are retained by Maine Foreclosure Leads and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer shall not rent, lease, transfer or sublicense the Software. Customer shall not under any circumstances nor shall Customer permit a third party to (i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or (ii) prepare derivative of the Software or (iii) remove any product identification, Maine Foreclosure Leads, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of Maine Foreclosure Leads's notices regarding Maine Foreclosure Leads's, trademarks and other proprietary rights as contained in the Software originally provided to you.
LIMITED WARRANTY. Maine Foreclosure Leads warrants to the Customer, for a period of ninety (90) days from the date of this agreement, installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material specifications set forth in the documentation, Such warranties are for the Customer's benefit only and are not transferable. Maine Foreclosure Leads does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the Software are licensed "as is" and Maine Foreclosure Leads specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory noninfringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Maine Foreclosure Leads OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTIER 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 OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF Maine Foreclosure Leads'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND EYEN IF Maine Foreclosure Leads SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. EXPORT CONTROLS. You may not download, use or otherwise export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, 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 Deny 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. TERMINATION. This Agreement is effective until terminated. Maine Foreclosure Leads may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement. Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of theSoftware or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation. At Maine Foreclosure Leads's request, Customer or any of Customer's authorized signatory on the account, shall certify in writing to Maine Foreclosure Leads that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer's possession or under its control. The provisions of this Agreement except for the Section 1, "License Grant," shall survive.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Maine Foreclosure Leads may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Maine Foreclosure Leads account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE. Our accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. If an account is used to violate the Acceptable Use Policy, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. Copyright or trademark infringement: Use of the our service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Collection of personal data: Use of our service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use or service or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. The Network will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Maine Foreclosure Leads services could result in suspension service.
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