|Click1003 Pro License Agreement
Please read all sections below before you order:
IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT BEFORE ORDERING ANY OF THE CLICK1003 PRO INTERACTIVE ONLINE LOAN APPLICATIONS (CLICK1003 PROGRAM) OR TEMPLATE WEBSITES (WEBSITES) FROM CLICK1003.COM OR CLICK1003PRO,COM. ORDERING THE PROGRAMS OR THE WEBSITES INDICATES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND AND ACCEPT ALL THE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. THE SOFTWARE, PROGRAMS, CGI SCRIPTS, FORMS, INFORMATION, AND DOCUMENTATION STORED ON THE CLICK1003 SERVER (MARKETRENDS.NET, IN-DEPTH.COM, THE CLICK1003 SERVER (1003APPLICATION SERVER AND CLICK1003PRO.COM SERVER) ARE BEING LICENSED (NOT SOLD) TO YOU FOR A SPECIFIC TERM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, DO NOT ORDER THE CLICK1003 PRODUCTS. THIS LICENSE AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME AND IT IS YOUR RESPONSIBILITY TO CHECK BACK OFTEN TO REVIEW THIS AGREEMENT FOR CHANGES.
DISCLAIMER: THE CLICK1003 END-USER LICENSE, AND THE INTELLECTUAL PROPERTY RIGHTS LICENSED IN THE END-USER LICENSE (IF ANY) ARE PROVIDED AS IS, WHEREAS. CLICK1003, MARKETRENDS PRODUCTIONS, MORTGAGEMARKETINGONLINE.COM, 1003APPLICATION.COM, CLICK1003PRO.COM, IN-DEPTH.COM AND ALL LICENSE PARTICIPANTS, AUTHORS, OR INTELLECTUAL PROPERTY RIGHTS HOLDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND INDEPENDENT CONTRACTORS, MAKE NO REPRESENTATIONS OR WARRANTIES TO END-USERS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS OR ANY CLICK1003 PRODUCT OR THE END-USER LICENSE , INCLUDING, BUT NOT LIMITED TO WARRANTIES: (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (2) THAT THE CONTENTS OF SUCH CLICK1003 PROGRAM ARE FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; OR (3) THAT MAKING, HAVING MADE, USING, IMPORTING OR SELLING A PRODUCT OR SERVICE COMPLIANT WITH ANY CLICK1003 PRODUCT WILL NOT INFRINGE ANY THIRD-PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS AND ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WILL CLICK1003, MARKETRENDS PRODUCTIONS, IN-DEPTH, CLICK1003PRO.COM, 1003APPLICATION.COM, THE CLICK1003 LICENSE PARTICIPANTS, AUTHORS OR INTELLECTUAL PROPERTY HOLDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR INDEPENDENT CONTRACTORS, OR ANY OF THEM, BE LIABLE TO ANY END-USER FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS CLICK1003 PROGRAM OR WITH RESPECT TO THIS END-USER LICENSE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON ANY INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF CLICK1003, MARKETRENDS PRODUCTIONS, 1003APPLICATION.COM, THE CLICK1003 LICENSE PARTICIPANTS, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR INDEPENDENT CONTRACTORS, OR ANY OF THEM, ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The term "Click1003 Program" as used in this Agreement includes Program software, Template and Custom Web Sites, Both English and Spanish versions of the Click1003 interactive Online Application program, CGI scripts, database(s) all help files, calculators, Calendar software, Click1003FTP software, its interactive forms (including all XML, CGI, PERL, PHP, TEXT, HTML, DHTML, C++, JafaScript, jQuery, bootstrap, or any other code or documents), and all data and information included in this package, as well as any accompanying user documentation. Click1003.com agrees to license the Click1003 Program (herein referred to as the: "Program") to you (an entity or person) to use under the following terms and conditions:
USE: You may use one copy of the Program (or one each of English and Spanish versions) residing on the MarkeTrends Productions Server or the Click1003 Server (1003APPLICATION.COM) set up in a secure account for you or your company and accessed through your website for your own mortgage or real estate business and your client's personal use for the purposes of obtaining a mortgage loan from you or your company. You may not make copies of all or any part of the Program code in any machine readable form. You must include Click1003's proprietary notices, including any notices with respect to this license, copyrights, trademarks, logos, graphics, content, etc. on your website in relation to this software program. The extent of your use is limited to using the Program in one (1) underwriting location regardless of the amount of your users (loan originators/loan officers/loan processors). To clarify: If you have seven (7) offices and only underwrite loans in one (1) location, you only need one (1) Click1003 Pro license or Program. If you have seven (7) offices and underwrite in all seven (7) offices individually, you will need seven (7) Click1003 licenses or Programs.
RESTRICTIONS: You may not use the Program: on more than one web site; on a network; on a time sharing, interactive cable T.V., multiple CPU or multiple user arrangement; on more than one computer or computer terminal without the express permission from Click1003. The entire $995.00 Program and all of its parts including all code, scripts, web interfaces, graphics and any other devices required for its use or function will at all times reside on the MarkeTrends Productions Server (MarkeTrends.Net) or on the Click1003 server (1003application.com) without exception (If you require a private solution that needs to interface with your existing software and reside on your server, there is a $50,000 five year licensing agreement available. Call the number at the bottom of this licensing agreement). This means that you may not transfer or cause to be transferred all or any part of the Program to another server. You may not use, copy, distribute, translate, transmit, merge, modify, reverse engineer, transfer, adapt, loan, rent, lease, assign, share, sub-license or make available to another party, this Program or any copy, in any way, in whole or in part, except as expressly provided for in this Agreement. You may not transpose or electronically transfer the Program or any of its parts into another computer language. You must take all necessary precautions to prevent anyone else from violating the terms of this Agreement. This section shall survive the termination of this Agreement.
COPYRIGHT: The Program is protected by United States, Canadian and international copyright and intellectual property laws. All rights to the Program are owned by Click1003, and this entity retains all rights not expressly granted. By purchasing a license to this Program, you do not become the owner of the Program, but are entitled only to use it in accordance with the terms of this Agreement.
LIMITED WARRANTY: Click1003.com, warrants that the Program will operate on an IBM-compatible
microcomputer operating in a single-user Windows environment.
The most recent browser testing of the Click1003 Pro File Manager Dashboard and Interactive Online Application software has been proven to work in the following browsers without any problems that we are aware of: Microsoft Edge (Version 20.10240.16384.0) last tested: February 2016 Internet Explorer 8, 9, 10, 11 (Version 11.0.10240.16644) last tested: February 2016 Chrome (Version 48.0.2564.97 m) last tested: February 2016 Firefox (Version 44.0) last tested: February 2016 Opera (Version 35.0.2066.37) last tested: February 2016 Safari (Version 5.1.7 (7534.57.2)) last tested: February 2016 Except as specifically provided herein, the Program is provided "AS IS". Click1003 gives no other express or
implied warranties, representations, promises or guarantees of any kind, statutory or otherwise, with respect to the Click1003 Program, its function, data or user documentation, including but not limited to any warranty that the Click1003 Program will meet your requirements, that the operation of the Program will be uninterrupted or error free, OR implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Program is with you. You assume all responsibility for the SELECTION of the Program to achieve your intended results and for use and results obtained from the program.
The most recent browser testing of the Click1003 Pro File Manager Dashboard and Interactive Online Application software has been proven to work in the following browsers without any problems that we are aware of:
Microsoft Edge (Version 20.10240.16384.0) last tested: February 2016
Internet Explorer 8, 9, 10, 11 (Version 11.0.10240.16644) last tested: February 2016
Chrome (Version 48.0.2564.97 m) last tested: February 2016
Firefox (Version 44.0) last tested: February 2016
Opera (Version 35.0.2066.37) last tested: February 2016
Safari (Version 5.1.7 (7534.57.2)) last tested: February 2016
Except as specifically provided herein, the Program is provided "AS IS". Click1003 gives no other express or implied warranties, representations, promises or guarantees of any kind, statutory or otherwise, with respect to the Click1003 Program, its function, data or user documentation, including but not limited to any warranty that the Click1003 Program will meet your requirements, that the operation of the Program will be uninterrupted or error free, OR implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Program is with you. You assume all responsibility for the SELECTION of the Program to achieve your intended results and for use and results obtained from the program.
LIMITATION OF LIABILITY: In no event will Click1003 be liable for any damages including but not limited to, any lost profits, lost savings, indirect, special, incidental, economic or consequential damages, arising out of the use, or inability to use the Program, or for claim by any other party, even if Click1003 or any of their lawful agents, dealers or employees have been advised of the possibility of such damages or claim. In no case will Click1003 be liable for more than the amount paid by you for the use of the Program. Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Click1003's entire liability and your exclusive remedy shall be: at the option of Click1003 to either refund the amount you paid for the use of the Program (minus the installation fee and time used, if any) or provide you with a corrected Program provided that the defective Program is returned to Click1003, or an authorized representative with a signed non-use agreement and a copy of your proof of payment within thirty (30) days from the date of purchase. This section shall survive the termination of this Agreement.
GENERAL: This license is effective until terminated. This Agreement shall terminate upon your failure to comply with any of the terms or obligations of this Agreement including nonpayment of licensing or services in a timely manner, which shall constitute a material breach, and you will be subject to all applicable legal and equitable remedies. You agree, upon such termination, to return the original Programs to Click1003, discontinue use and destroy all copies in any form, including without limitation printed formats, back-up copies, and mergers of the information into other programs. This license is NOT transferable, assignable nor sub-licensable in whole or in part, without Click1003's express written consent. If a court of competent jurisdiction should find any part of this Agreement to be invalid, illegal or unenforceable, that part shall be severed from the rest of the Agreement, which shall remain in full force and effect. This is the complete license agreement and it is binding upon you, Click1003 and all parties' successors and permitted assigns.
RETURN AND REFUND POLICY: ALL SALES ARE FINAL. When you have filled out and submitted the Secure Online Order Form and the program has been set up for you, or you have downloaded or are shipped any portions of the Click1003 software, it is considered to be 'Opened'. Opened software cannot be returned for a refund, in full or in part, regardless of the delivery method. With any of the Click1003 software products, you have the chance to try before you buy through any of our Online demos located on this or other Click1003 affiliated websites that offer the Click1003 programs or templates.
CONTACT: Should you have any questions concerning this Agreement, please contact Click1003 at: 15220 Pear Valley Lane, Auburn, Ca. 95603, or call (800) 398-0504