END USER LICENSE AGREEMENT (EULA) FOR REALNEGOTIATE SOFTWARE. IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the provider (Ventis Corporation, hereafter denoted "PROVIDER") of the computer software. Your agreement will be the legal equivalent of your signature on a written contract, and equally binding. The SOFTWARE PRODUCT includes computer software, the associated media, data services, any printed materials, and any "online" or electronic documentation. This EULA is valid and grants the end-user license rights ONLY if the SOFTWARE PRODUCT is genuine and a genuine Certificate of Authenticity for the PRODUCT SOFTWARE is provided with the SOFTWARE PRODUCT. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. You agree to be bound by the terms of this EULA by purchasing and/or using the SOFTWARE PRODUCT. If you do not agree, PROVIDER is unwilling to license the SOFTWARE PRODUCT to you. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights: * Access and Use. You may only use, access, display and run one (1) copy of the SOFTWARE PRODUCT on the CD provided, for the period of the license you have purchased. * Storage/Network Use. The SOFTWARE PRODUCT may not be copied from its original CD, or installed, accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices"). * Reservation of Rights. RealNegotiate reserves all rights not expressly granted to you in this EULA. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Additional Software. Any SOFTWARE PRODUCT provided to you by RealNegotiate or its affiliates, which updates or supplements the original SOFTWARE PRODUCT is governed by this EULA unless alternative terms are provided with such updates or supplements. * Separation of Components and Adaptation. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. You are not permitted to modify or adapt the software in any way. * Reverse Engineering. You may not reverse engineer, decompile, or translate the SOFTWARE PRODUCT. * Single EULA. The package for the SOFTWARE PRODUCT may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the SOFTWARE PRODUCT. * Rental and Transfer. You may not rent, distribute, resell, lease or lend the SOFTWARE PRODUCT to another user. The preceding restriction includes a prohibition on using the SOFTWARE PRODUCT to provide commercial information services. * Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of PROVIDER or its affiliates. The trademarks, logos and service marks ("Marks") displayed on this Site; Software and any accompanying written materials are the property of PROVIDER or other third parties. You are not permitted to use the Marks without the prior written consent of PROVIDER or such third party that may own the Marks. * User Infringement Liability. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchase of the PROVIDER’S Software or Services, legal actions from PROVIDER can be directed towards you if you do not comply with the license agreement. *LICENSE PERIOD. The license is valid for 1 year from the date of your purchase, unless a longer license period has been specifically purchased and paid for. 3. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by PROVIDER. You may not copy the SOFTWARE PRODUCT or any of the materials accompanying the SOFTWARE PRODUCT. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by PROVIDER. 4. PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCT is not guaranteed by PROVIDER or its affiliates or subsidiaries. For product support, please provide the invoice number provided when you purchase SOFTWARE. Should you have any questions concerning this EULA, or if you desire to contact PROVIDER for any other reason, please refer to the contact information provided in the documentation for the SOFTWARE or at the RealNegotiate website. 5. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT, including without limitation, any Of PROVIDER’S products, if any, which may accompany the SOFTWARE PRODUCT, is of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. APPENDIX WARRANTY AND SPECIAL PROVISIONS CUSTOMER REMEDIES. PROVIDER'S entire liability and your exclusive remedy shall be, at PROVIDER'S discretion, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that is returned to PROVIDER with a copy of your receipt. PROVIDER will determine which, if any, of these remedies is applicable to the particular situation. This is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. RETURN POLICY. You may return your licensed CD of PROVIDER for a full refund within 30 days after purchasing if the software is defective, as determined by PROVIDER. Please notify PROVIDER of the nature of the problem via email (support@realnegotiate.com). If PROVIDER determines that the problem cannot be resolved via email support and that a return/refund is justified, please ship the CD back to PROVIDER and PROVIDER will refund the price of the software. PROVIDER will not refund shipping costs. PROVIDER reserves the right to charge a 15% restocking fee if the package is not returned in good condition. All returns must have a Return Merchandise Authorization (RMA) number. RMA numbers are issued by the RealNegotiate Sales Department. Contact them at sales@realnegotiate.com. RMA numbers are only issued within the first 30 days from the original sales date. Once you have received your RMA#, package your return in a protective container and address the package to PROVIDER. -Mark your RMA# on the outside of the package. -Include a copy of your original sales invoice in the package. -We strongly recommend that you return the product with a traceable, insured shipping method. We are not responsible for packages lost on their way to us. -Returns must be received within 15 business days from the date we issue the RMA#. -RMA#s expire after 15 business days and are not renewable. Any packages without an RMA# marked clearly on the outside of the package will be refused. Packages shipped to PROVIDER without any RMA number and without any return address listed on the package are assumed to be a gift to the company, and no refund or credit will be issued for such packages. You can expect a refund in the same form of payment originally used for purchase within 15 business days of the receipt of your return. PROVIDER will notify you via email as soon as your return has been processed and your credit has been issued. DATA SERVICES AND SHIPPING TIME * DATA ACQUISITION. If you have purchased the Data Acquisition service, you agree that you will provide PROVIDER with property preferences that are reasonable for the market (for example, you will not request data for $150,000 5-bedroom homes in Beverly Hills, CA) and that you will provide sufficient information for the data provider to perform a comparative market analysis (CMA). If you haven’t provided all the info needed for a CMA, the data provider may request additional information. If additional info is needed from you, PROVIDER will forward on their questions to you and you can send your reply to PROVIDER directly (PROVIDER can communicate with the data provider on your behalf, if you would like to keep your name, contact info, etc private). If after a reasonable number of emails on our part, you still have not provided info for which a CMA can be done, or we are otherwise unable to obtain a CMA for your information, you take responsibility for this and recognize that that your fee for this service will not be refunded. *SHIPPING TIME. RealNegotiate usually ships within 48 hours, but you recognize that it may take longer to ship the software or certain services associated with the software. Examples of such cases include, but are not limited to: if you have requested that PROVIDER acquire data on your behalf (the Data Acquisition service requires coordinating with the data provider and thus the timing is not entirely within the control of PROVIDER), or if you have requested the Data Learned service for a difficult/unusual format of file. DISCLAIMERS AND WARRANTY INFORMATION UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND PROVIDER ALL INFORMATION, SERVICES AND SOFTWARE FROM PROVIDER ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS AT, REFERENCED BY, OR LINKED TO THIS SITE. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS AND PERFORMANCE OF THE SOFTWARE. ANY REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO LIABILITY FOR DAMAGES IN NO EVENT SHALL PROVIDER OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT , CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF OTHER MATERIALS, LOSS OF PROFITS, BUSINESS OR OTHER WORK INTERRUPTION, OR ANY OTHER PECUNIARY LOSSES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE INFORMATION, SOFTWARE OR OTHER MATERIALS OBTAINED FROM USING THIS SOFTWARE OR FROM THE PERFORMANCE OR LACK OF PERFORMANCE OF THIS SOFTWARE. NO LIABILITY FOR ERRORS OR OBLIGATION TO UPDATE REALNEGOTIATE SOFTWARE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW OF THE SOFTWARE AT PROVIDER'S SOLE DISCRETION. PROVIDER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND ANY OTHER PRODUCT(S) OR PROGRAM(S) DESCRIBED. PROVIDER HAS NO OBLIGATION TO NOTIFY YOU OF ANY CHANGES OF THE SOFTWARE OR ANY OTHER PRODUCTS OR PROGRAMS. In no event shall PROVIDER’S total liability to you for all damages, losses, and causes of action arising from or connected in anyway with this Agreement (including without limitation liability in contract, tort or under any other legal theory) ever exceed the INITIAL amount paid by you for the Software and/or Services. INITIAL amount is defined as the first payment to purchase the software and DOES NOT include other fees incurred there after. This shall constitute your sole and exclusive remedy. EFFECTIVE DATE AND TERMINATION This Agreement is effective IMMEDIATELY upon tour purchase. Unless sooner terminated by PROVIDER, or if an extended license period has been purchased and paid for, any license granted by this Agreement terminates one year from the date of purchase. Without prejudice to any other rights, PROVIDER may suspend, revoke, or terminate this Agreement if you fail to comply with any of its provisions. In such event, you shall return all copies of RealNegotiate Software and the results of Services from your possession within 3 days of PROVIDER’S License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN WITHIN 24 HOURS OF THE GIVEN 3 DAYS GRACE PERIOD OF COMPLIANCE. GOVERNING LAW This License Agreement shall be construed, interpreted and governed by the laws of the State of California without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Santa Clara County, California, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. PROVIDER has the right to modify this agreement with each new release of the Software. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.