Terms and Definitions:
“Software” refers to the online program developed by Restoration Estimating & Invoicing Solutions, LLC, and includes all forms, code, graphics, text, audio (“Content”) and related explanatory written materials (“Documentation”) accessed at the website www.restorationeis.com. The software includes any and all upgrades, modified versions, updates, additions and copies of the software.
“You” means the single person or individual who is being licensed to use the Software, Content and Documentation.
“We” or “Us” refers to Restoration Estimating & Invoicing Solutions, LLC (sometimes referred to as REIS) and its agents or representatives.
1. This is an agreement between Licensor (Restoration Estimating & Invoicing Solutions, LLC or REIS) and Licensee (You), who is being licensed to use the named Software.
2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software, Documentation and Content.
You are prohibited from copying, modifying or adapting the Documentation, Software or Content for use outside of that contemplated under the License. You are further prohibited from reverse engineering, disassembling, decompiling or making any attempt to discover or appropriate the source code of the Software. This Software, Documentation or Content may not be placed onto a server to be accessible via public networks.
You may not sublicense, rent, lease or lend any portion of the Software, Content or Documentation, or make any attempt to unlock or circumvent the digital copyright protection of the Content.
3. This License permits Licensee to access and use the Software on more than one computer system, as long as the Software will not be used on more than one computer system simultaneously. Licensee will be provided a single username and password to be used by Licensee only. Licensee will not share his or her username with any other individuals or entities or allow other individuals or entities to access the Software using his or her login information. Such use is not authorized under this License Agreement and may result in termination of Licensee’s license to use the Software.
The License is to be used by a single user only. A company must obtain multiple licenses if more than one employee is to use the Software. REIS does not provide or allow for site-licenses, shared licenses, co-op licenses, library licenses or multi-user licenses. The Software and Content may not be installed on a network or server for purposes of sharing by multiple users. REIS reserves the right to monitor logins to the Software and to detect, prevent and disable excessive or simultaneous logins by the same account using different computers.
4. The Software is designed to be accessed by internet connection. You will log in to the software using a username and password, which may be set up once a license is purchased.
5. Updates. From time to time, we may release updates to the Software and Content. These updates will be identified for download and installation when your computer is connected to the Internet. These updates help ensure that you have the latest version of the Software and Content.
6. Online Backup. Data you enter into the Software, including notes, settings, preferences, and documents, will be automatically backed up to REIS servers over the internet, and downloaded to other instances of the Software logged in using your username and password. REIS will not share your data without your permission, but may examine it periodically for anonymous statistical purposes or in order to provide technical support.
DO NOT STORE HIGHLY CONFIDENTIAL INFORMATION IN THE SOFTWARE. The Software is designed for professional service purposes, and while we will take all precautions to protect your data, we cannot ensure the level of security you would expect from other highly secure services. Further, REIS is not responsible for loss of data. You are responsible to keep your username and password private, as this is the primary means of security for data synchronized through the Software.
7. This Software is subject to a limited warranty. Licensor warrants to Licensee that this Software is free from substantial defects and will perform according to its printed documentation. However, Licensor cannot guarantee that the Software will be compatible with Licensee’s hardware used to access the Software. To the best of Licensor's knowledge Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 30 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 30 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.
8. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: The replacement of any media not meeting the Limited Warranty, or, if we or an authorized Dealer or Distributor are unable to produce other media that is free of defects in materials or workmanship, you may terminate this Agreement by deactivating the Software and Documentation. Any payment or prepayments shall immediately become property of REIS. No refunds shall be paid for any reason upon early termination.
9. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE, CONTENT, FORMS OR DOCUMENTATION. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
10. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
11. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee. This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time with a thirty day advance notice by notifying REIS and paying any and all fees and charges due and owing, including the thirty-day termination period. This licensing agreement will also automatically terminate if you fail to comply with any term or condition of this license agreement, including but not limited to failure to timely remit licensing access fees. You agree on termination of this license to either return to us or destroy all copies of the Software, Content, Forms and Documentation in your possession and to discontinue any further use of the Software.
This license applies to this and future versions of the Software and Content, including downloaded updates.
Upon termination of this agreement your account will be deactivated.
12. Confidentiality. In addition to being copyrighted material, the Software contains trade secrets and proprietary information that belong to REIS and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS, INTERFACES, CONTENT, FORMS OR DOCUMENTATION OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS AND IS A MATERIAL BREACH OF THIS AGREEMENT.
13. Use of Forms. The Software contains a set of Forms intended to be used as a general template for Licensee. These Forms are not state-specific and may not contain all the information necessary for use of each individual form in Licensee’s jurisdiction. REIS makes no representations as to the accuracy, enforceability, or legality of the content of each form, and the Forms are to be used at the sole risk of the Licensee. REIS is not responsible for disputes that may arise, or any damages that may be caused as a result of the use of the Forms.
14. System requirements. The Software performs the best with the most recent versions of Chrome, Firefox, Safari, Internet Explorer and Edge browsers. The Software is compatible with Android, Apple and Windows tablets. Drawing tool is not supported on tablets. You must have a minimum 2mb upload and 2mb download connection.
16. Third-Party Software. The Software may embed or be provided to you with third-party software(s), in unmodified or modified forms. By accepting this Agreement, You are also accepting the terms and conditions of the software licenses from any third-party owning the intellectual property rights to said third-party software(s), and any use by You of any such third-party software(s) being part of the Software is subject to the terms of those third-party licenses.
Further, the Software Product may contain code, including third party code, for which REIS is required to provide attribution. Some of this code may be released under alternative license terms. Such code is not licensed under this Agreement and shall be subject only to the alternative license which shall constitute the sole license for such code and shall govern the relation between You and the alternative licensor. This Agreement does not alter any rights or obligations You may have under these alternative licenses. REIS provides no warranty whatsoever in relation to code subject to such alternative licenses. REIS cannot and does not grant to You any license to any third party’s intellectual property rights held by a third party in respect of which You may need to hold a license in order to lawfully use the Software for the purposes contemplated by You, including so as to lawfully use the Software in such specific process, set-up or other context and in such specific combination with other software or devices as may be intended by You. You must at Your own expense acquire and maintain any such licenses from such third parties, and REIS cannot be held liable if a third party raises a claim for infringement of its patent rights or other intellectual property rights. If You do not acquire and maintain such third party licenses as mentioned and if this results in a third party raising a claim against REIS, You shall indemnify REIS against any such third party claim whereby the specific limitations of REIS’s warranty and liability shall apply. Further to the above, in relation to parts of the Software Product that are subject to alternative licenses, REIS's liability shall be further limited in accordance with the terms and conditions of such alternative license and REIS will in no event be subject to a wider or more substantial liability than what is evident from such alternative licenses.
17. Pricing Information. The pricing information contained in the Software is licensed from a third-party provider. Licensee is permitted to use this information at its own discretion. No representations are made by REIS as to the accuracy of the pricing information or whether it is appropriate for use in any individual circumstance. Licensee also has the option of inputting its own pricing information into the Software or pricing information obtained from a third-party. Licensee hereby represents that it has the authority or license to use any pricing information from a third-party and that REIS is not responsible for any misuse of said information.
18. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software, Content, Forms and Documentation. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
19. REIS reserves the right to modify this agreement to reflect changes in law, technology or our business. If we modify this agreement, a revised version will be posted on the product web site and we will notify you by email or through your REIS account. Your continued use of the product and associated online services will constitute your acceptance of the modified agreement.
20. In the event of litigation between You and Us concerning the Software, Content, Forms or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
21. You agree to register this product with REIS prior to activation. Registration may be accomplished via the Internet. You may register anonymously but we may not provide certain types of support or opportunities to participate in certain online features if you choose to do so. After 30 days the software may cease to function until it receives confirmation of registration.
22. You represent that if you choose to provide name, address, credit card, or any other information that it will be your true information. You may choose or be assigned a user name, confirmation code, and/or password in connection with your use of the Software. You agree to keep your confirmation code and password confidential. We disclaim responsibility for unauthorized use of your credit card or password.
23. Registration with REIS implies registration with the Content owners whose Content you have licensed for use with the Software. We may share your registration information with the owners of Content you have licensed.
24. You agree that the Software may detect the presence of a connection to the Internet and communicate with servers controlled by REIS in order to submit anonymous statistical information on use of the Software and Content and to detect and download updates to the Software and Content and new Software and Content for which you may have chosen to purchase licenses. You agree that new and updated Software and Content downloaded by the Software from the Internet are covered by this license.
25. This license agreement is governed by the laws of the State of Nevada, USA. Venue for any action related to this agreement and or use of the software shall be brought exclusively in the Clark County Eighth Judicial District Court for the State of Nevada.
26. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
27. The controlling language of this agreement is English. Any translation of this agreement that you may have received is provided only for your convenience.
28. This License Agreement is valid without Licensor's signature. It becomes effective upon Licensee clicking “I Accept” or the earlier of Licensee's signature or Licensee's use of the Software.
REIS makes no claims, promises, or guarantees about the accuracy, completeness or adequacy of the contents of this form, and expressly disclaims liability for errors and omissions in its contents. The information appearing on this form is for information purposes only and is not intended to provide legal, tax or insurance advice. Copyright© 2016 by Restoration Estimating & Invoicing Solutions, LLC.