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End User License Agreement

End User License Agreement

End User License Agreement

This THE LANDLORDAPP End-User License Agreement (“EULA”) is a legal agreement between you as an individual and The Milner Group LLC, a Michigan Limited Liability Corporation doing business as THE LANDLORDAPP , for the THE LANDLORDAPP property management smartphone application, which may include associated software components and “online” or electronic documentation (“APPLICATION”).

If you do not agree to the terms of this EULA, you are not authorized to download, operate, or otherwise use the APPLICATION.

1. BINDING EFFECT
By using the APPLICATION, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to download, operate, or otherwise use the APPLICATION.

2. GRANT OF LICENSE The APPLICATION is licensed by The Milner Group for personal, noncommercial use on your iPhone and/or iPad, iPod Touch and Android device only for the sole purpose of data entry, data storage, and data calculation made available by THE LANDLORDAPP  (“INFORMATION OR SERVICE”).  All other uses are prohibited.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

(a) Maintenance of Notices/Logos.  You must not remove or alter any copyright notices, trademark designations, logos or other similar markings on any copies of the APPLICATION or INFORMATION OR SERVICE.

(b) Distribution.  The license granted hereunder is non-transferable.  The APPLICATION is licensed for your use only and only on an iPhone, iPod Touch, iPad or Android Device that you own or control.  You are authorized to use the APPLICATION solely the purpose described under Grant of License.  You may not distribute the APPLICATION to any third party.

(c) No Engineering, Decompilation, Disassembly or Alteration.  You may not reverse engineer, decompile, or disassemble the APPLICATION, or otherwise alter the APPLICATION or INFORMATION OR SERVICE except and only to the extent that such activity is expressly permitted by applicable law.

(d) Rental.  You may not rent, lease, or lend the APPLICATION or INFORMATION OR SERVICE.

(e) Support Services.  THE LANDLORDAPP  may in its sole discretion provide you with support services related to the APPLICATION (“Support Services”). THE LANDLORDAPP  is not obligated to provide Support Services unless otherwise required by applicable law.  No failure to provide, or to continue to provide, Support Services will be a default of THE LANDLORDAPP  hereunder. Any supplemental software code or other deliverable provided to you as part of any Support Services shall be considered part of the APPLICATION and, as between you and THE LANDLORDAPP , shall be and remain the sole property of THE LANDLORDAPP , and shall be subject to the terms and conditions of this EULA. THE LANDLORDAPP  may, in its sole discretion, condition the provision of Support Services upon the payment of a separate fee. THE LANDLORDAPP  support may be reached by email at support@THE LANDLORDAPP .com.

(f) Compliance with Applicable Laws.  You will fully comply with all applicable laws regarding use of the APPLICATION and INFORMATION OR SERVICE.

4. TERM; TERMINATION; MODIFICATION The term of this EULA will commence upon download of the APPLICATION and will continue for a term of one (1) year (the “Term”).  After the Term THE LANDLORDAPP  may, in its sole discretion, elect to terminate the license and/or your ability to access the INFORMATION OR SERVICE at any time without prior notice to you. THE LANDLORDAPP  will have no liability if it terminates the license and/or your ability to access the INFORMATION OR SERVICE after expiration of the Term. Without prejudice to any other of its rights, THE LANDLORDAPP  may unilaterally terminate this EULA and/or your ability to access the INFORMATION OR SERVICE at any time, if The Milner Group LLC , in its sole determination, believes you have failed to comply with the terms and conditions of this EULA. Further, without prejudice to any of its other rights
5. COPYRIGHT; OWNERSHIP The APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. As between you and THE LANDLORDAPP , the APPLICATION is the sole and exclusive property of The Milner Group LLC product, THE LANDLORDAPP . Your use of the APPLICATION is solely controlled by this EULA which cannot be changed except by a written agreement executed between you and THE LANDLORDAPP . The APPLICATION is licensed, not sold. The Service is made available to you for your personal, non-commercial use only. As between you and THE LANDLORDAPP, all title and intellectual property rights in and to part of the Application is the property of THE LANDLORDAPP  and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such INFORMATION OR SERVICE or other content except as expressly and unambiguously set forth herein. All rights not expressly granted are reserved by THE LANDLORDAPP .

6. NO WARRANTIES THE LANDLORDAPP  expressly disclaims any warranty in, to, or for the APPLICATION and/or INFORMATION OR SERVICE. The APPLICATION and/or INFORMATION OR SERVICE are provided “As Is” and “Where Is” without any express or implied warranty of any kind.  THE LANDLORDAPP  EXPRESSLY WAIVES ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR CONTINUOUS OPERATION. The entire risk associated with (i) operation of the APPLICATION and (ii) access to and reliance upon the INFORMATION OR SERVICE is assumed by you.  THE LANDLORDAPP  does not warrant or assume responsibility for the accuracy or completeness of any INFORMATION OR SERVICE, text, graphics, links or other items contained within the APPLICATION and/or INFORMATION OR SERVICE. THE LANDLORDAPP  makes no warranties respecting any harm that may be caused by the use of the Application, transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. THE LANDLORDAPP  further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the APPLICATION and/or INFORMATION OR SERVICE.

7. LIMITATION OF LIABILITY In no event shall THE LANDLORDAPP  be liable for any damages (including, without limitation, direct, special, incidental, consequential, or punitive damages, lost profits, business interruption, or lost INFORMATION OR SERVICE) rising out of your use of or access to, or inability to use or gain access to, the APPLICATION and/or INFORMATION OR SERVICE, or the use or access to, or inability to use or gain access to the APPLICATION and/or INFORMATION OR SERVICE by any third party that may have access to the APPLICATION and/or INFORMATION OR SERVICE by or through you, even if THE LANDLORDAPP  has been advised of the possibility of such damages, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise. THE LANDLORDAPP  shall have no liability with respect to the content of the APPLICATION and/or INFORMATION OR SERVICE or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential INFORMATION OR SERVICE.  The limitation of liability set forth herein may not be enforceable in certain jurisdictions, or under certain circumstances, as a matter of local law, and is not intended to replace or supercede local law.

8. YOUR REPRESENTATION TO THE LANDLORDAPP  As a material inducement to THE LANDLORDAPP  entering into this EULA with you, you represent to THE LANDLORDAPP  that: (i) you are over eighteen (18) years of age, and have the full and unrestricted legal right to enter into agreements; (ii) you are not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist nation”; and (iii) you are not listed on any U.S. government list of prohibited or restricted parties.

9. GOOGLE ANALYTICS TERMS OF USE If the APPLICATION incorporates Google Analytics, then we reserve the right to anonymously track and report your activity inside of our app.

10. ENTIRE AGREEMENT
This EULA represents the entire agreement concerning the APPLICATION and/or INFORMATION OR SERVICE between you and THE LANDLORDAPP , and it supersedes any prior proposal, representation, agreement, negotiation, offer, counteroffer, acceptance, understanding, or any contrary terms between the parties.