END USER LICENSE AGREEMNT This End-User License Agreement ("EULA")
is a legal agreement between you, the end-user ("Licensee"), and Automated
Regional Information Systems, Inc. ("ARIS") for the software product which you
are using, which includes all of the components of the ARIS System ("Software
Product") and all associated databases ("Databases"), collectively known as
"System". ARIS has previously entered into an agreement with the association of
which you are a member or subscriber ("Board") of to be your provider for
multiple listing services. BY SELECTING THE "ACCEPT" BUTTON, BY USING THE
SYSTEM, OR BY EXECUTING THIS EULA, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS
EULA, WHICH INCLUDES THE SOFTWARE LICENSE AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN.
IF YOU DO NOT WANT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA THEN ANY USE OF
THE SYSTEM IS STRICTLY PROHIBITED. IF NO OTHER LICENSED USERS ARE USING THE SYSTEM YOU MAY
PROMPTLY EXIT THE SOFTWARE AND REMOVE THE SYSTEM FROM YOUR COMPUTER AND ANY OTHER ITEMS
(INCLUDING WRITTEN MATERIALS, BINDERS OR OTHER CONTAINER) THAT ARE PART OF THE SYSTEM MAY
BE RETURNED TO THE PLACE WHERE YOU OBTAINED THEM. LICENSE: Pursuant to this EULA, you are granted a
nonexclusive license to (a.) use on any computers providing they are owned and being used
by a Licensee; (b.) copy the System into any computer-readable or printed form for backup
purposes only. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SYSTEM, OR ANY COPY, MODIFICATION, OR PORTION THEREOF IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED BY THIS EULA. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION, OR PORTION OF THE PROGRAM TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED AND YOU MUST DESTROY ALL COPIES THAT REMAIN IN YOUR POSSESION. THE SOFTWARE PRODUCT IS SOLELY OWNED BY ARIS AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS. b) The Licensee must adhere to the code of conduct set forth by the Association which has contracted with ARIS for the System and remain a paying subscriber, in good standing, with a valid ARIS-provided logon ID. ARIS, at its sole discretion, may invalidate any Licensee’s logon ID. c) All tax data included in the Software Product is the sole property of ARIS. All photographic images are jointly owned by ARIS and your Board. The MLS database is solely owned by your Board. All databases designed by ARIS and all enhancements to publicly owned data performed by ARIS are solely owned by ARIS. Any Licensee of the System shall be permitted to download and re-transmit such photographic images to any other electronic information system or network with the consent of the owners of the properties involved, provided that the images are being used only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able buyers for the properties. The images may not be used for any other purpose, and specifically, but without limitation, may not be used to create a commercial venture in competition with ARIS or your Board. d) All photos and other copyrighted material shall be further regulated by the rules and regulations governing the use of copyrighted MLS compilations as promulgated by the National Association of REALTORS® ("Rules"). Failure to adhere to the Rules or the invalidation of your logon ID will result in termination of the license. e) The Licensee is subject to the terms and conditions of the agreement between ARIS and your Board. The System is licensed "AS IS" with no
warranties, express or implied. Licensee assumes the entire risk as to the selection,
results and performance of the software program. The foregoing warranty does not extend to
any media that has been altered, misused, or damaged for any reason. This warranty extends
only to you as the original Licensee and is not transferrable. THIS LIMITED WARRANTY CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY AND THE SOLE AND EXCLUSIVE LIABILITY OF ARIS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF ARIS. IN NO CASE SHALL ARIS BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES OR FOR THE LOSS, ACCURACY, OR RETRIEVAL OF DATA. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. LEGAL REMEDIES: Licensee agrees that any breach of any of any of
the terms and conditions of this EULA may cause immediate and irreparable injury to ARIS,
the exact extent of which may be difficult to ascertain in a monetary award, and,
therefore, ARIS may enforce its rights under this EULA in any court of competent
jurisdiction for specific performance or injunctive relief (including temporary
restraining orders), in addition to any other rights, damages, or remedies ARIS may have
at law or equity. In the event of any breach by Licensee agrees to pay all expenses,
including reasonable attorney's fees, incurred by ARIS in connection with the enforcement
of the rights of ARIS hereunder, whether or not ARIS is required to resort to litigation
to enforce such rights. The provisions of this paragraph shall survive any termination of
the license granted by this EULA. MISCELLANEOUS: This EULA sets forth the entire understanding
between ARIS and the Licensee respecting the use by the Licensee of the System. This EULA
may not be amended except by a writing duly executed by authorized personnel of ARIS and
Licensee. This EULA shall be governed and construed in accordance with the laws of the
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