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Relocation Specialist, Web Version^TM OF Professional Software Services, LLC LICENSE AGREEMENT

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License Agreement

To use the Relocation Specialist, Web Version^TM, you must agree to the terms of use listed below.  The Relocation Specialist, Web Version^TM is offered to you conditioned on your payment, registration, and acceptance without modification of the terms, conditions and notices contained in this license agreement.

Your registration, acceptance of the license agreement and use of the Relocation Specialist, Web Version^TM constitutes your agreement to all such terms, conditions, and notices. You also warrant that all information supplied by you or members of your company in using the Relocation Specialist, Web Version^TM, including without limitation your name, email address, street address, telephone number, is true and accurate.

Important

By clicking on the “I Accept” icon of this license agreement for Relocation Specialist, Web Version^TM you accept the following terms of this License Agreement.  If you do not agree with these terms, click on the “Cancel” icon and promptly contact Professional Software Services, LLC for a refund.

Ownership

Professional Software Services, LLC retains the ownership of Relocation Specialist, Web Version^TM  online program.  It is licensed to you for use under the following conditions:

Grant of License

After payment you should have contacted Professional Software Services, LLC with your choice of password and a user id.  Professional Software Services, LLC will verify your choice or decline it and suggest an alternative.

You must complete the registration process by providing Professional Software Services, LLC with current, complete and accurate information as prompted by the applicable registration form.

You must read and accept the terms of the license agreement by clicking on the icon below.

Only one person per user id and password may use the Relocation Specialist, Web Version^TM. 

DATA SUBMISSION

Professional Software Services, LLC does not claim ownership of the data you post, upload, input or submit to the Relocation Specialist, Web Version^TM.  However, by posting, uploading, inputting, providing or submitting your Submission you are granting Professional Software Services, LLC, permission to use your Submission in connection with the operation of their software business including, without limitation, the rights to: copy, transmit, reproduce, edit, translate and reformat your Submission.

Data files may be shared; however, each user of the Relocation Specialist, Web Version^TM must have a valid license agreement before using the Relocation Specialist, Web Version^TM.

You may transfer use of Relocation Specialist, Web Version^TM to another party if the other party agrees to the terms and conditions of the agreement and if you advise Professional Software Services, LLC, in writing, of the transfer.

PASSWORD SECURITY

You are entirely responsible for maintaining the confidentiality of your Password and User ID. Furthermore, you are entirely responsible for any and all activities that occur under your Password and User ID. You agree to notify Professional Software Services, LLC immediately of any unauthorized use of your User ID and Password or any other breach of security. Professional Software Services, LLC will not be liable for any loss that you may incur as a result of someone else using your Password and User ID, either with or without your knowledge. However, you could be held liable for losses incurred by Professional Software Services, LLC or another party due to someone else using your User ID and Password. You may not use anyone else's User ID and Password at any time, without the permission of the User ID and Password holder.

Restrictions

You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, sub-license, sell, lease, rent, create derivative works from, transfer, translate, de-compile, disassemble, reverse engineer any information, software, products or services obtained from the Relocation Specialist, Web Version^TM.

Professional Software Services, LLC retains all rights not expressly granted.  Nothing in this license agreement constitutes a waiver of Professional Software Services, LLC's rights under the U.S. copyright laws or any other Federal or State law.  Any reproduction or redistribution of the content of Relocation Specialist, Web Version^TM is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR RELOCATION SPECIALIST, WEB VERSION ^TM TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

You acknowledge that the Relocation Specialist, Web Version^TM, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA . You agree not to export or re-export the Relocation Specialist, Web Version^TM, directly or indirectly, to any countries that are subject to USA export restrictions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Relocation Specialist, Web Version^TM, you will not use the Relocation Specialist, Web Version^TM for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Relocation Specialist, Web Version^TM in any manner, which could damage, disable, overburden, or impair any Relocation Specialist, Web Version^TM or interfere with any other party's use of Relocation Specialist, Web Version^TM. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any Relocation Specialist, Web Version^TM, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Relocation Specialist, Web Version^TM.

USE OF SERVICES

You agree to use the Relocation Specialist, Web Version^TM for proper and legal uses.

By way of example, and but not limited to, you agree that when using Relocation Specialist, Web Version^TM, you will not:

• Use the Relocation Specialist, Web Version^TM upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of Relocation Specialist, Web Version^TM , another's computer, another’s data files or property of another.

• Restrict or inhibit any other user from using Relocation Specialist, Web Version^TM.

• Violate any code of conduct or other guidelines, which may be applicable for Relocation Specialist, Web Version^TM.

§         Harvest or otherwise collect information about others.

• Violate any applicable laws or regulations.

• Create a false identity for the purpose of misleading others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of Relocation Specialist, Web Version^TM or other user or usage information or any portion thereof without first obtaining the written approval of Professional Software Services, LLC.

Termination

This license and your right to use this Relocation Specialist, Web Version^TM will terminate with notice upon the sole discretion of Professional Software Services, LLC.  Upon termination of the Relocation Specialist, Web Version^TM, your right to use the Relocation Specialist, Web Version^TM immediately ceases.  Some of the causes that your use of Relocation Specialist, Web Version^TM will be terminated are, but not limited to, your failure to pay for the service, use of the service for unlawful or illegal purposes, or your failure to comply with any provision of this license agreement. 

Upon termination, you will have 30 days to contact Professional Software Services, LLC to arrange the retrieval of your data upon proper identification and for the cost to retrieve and if necessary convert your data incurred by Professional Software Services, LLC.  Professional Software Services, LLC shall have no obligation to maintain any company’s data beyond 45 days of company’s termination of use.

Limited Warranty

ALTHOUGH Professional Software Services, LLC HAS TESTED THE RELOCATION SPECIALIST, WEB VERSION^TM AND REVIEWED THE DOCUMENTATION, Professional Software Services, LLC MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO RELOCATION SPECIALIST, WEB VERSION^TM OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  AS A RESULT, THIS SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS, WHERE IS" AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.

liability disclamer

Professional Software Services, LLC HEREBY DISCLAIMs and excludes any and all implied warranties, including warranties of merchantability and fitness for a particular purpose and limits your remedy to the return of the unused portion of your subscription FROM RELOCATION SPECIALIST, WEB VERSION^TM. 

Professional Software Services, LLC HEREBY DISCLAIMs and excludes ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

IN NO EVENT WILL Professional Software Services, LLC BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE RELOCATION SPECIALIST, WEB VERSION^TM OR DOCUMENTATION, even if advised of the possibility of such damages.  THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF RELOCATION SPECIALIST, WEB VERSION^TM, WITH THE DELAY OR INABILITY TO USE THE RELOCATION SPECIALIST, WEB VERSION^TM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RELOCATION SPECIALIST, WEB VERSION^TM, OR OTHERWISE ARISING OUT OF THE USE OF THE RELOCATION SPECIALIST, WEB VERSION^TM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Professional Software Services, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  In particular, Professional Software Services, LLC shall have no liability for any data stored or processed with this Relocation Specialist, Web Version^TM, including the costs of recovering such data.

Professional Software Services, LLC MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RELOCATION SPECIALIST, WEB VERSION^TM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO RELOCATION SPECIALIST, WEB VERSION^TM AND TO THE INFORMATION THEREIN.

Professional Software Services, LLC MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE RELOCATION SPECIALIST, WEB VERSION^TM FOR ANY PURPOSE.  ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

YOU SPECIFICALLY AGREE THAT Professional Software Services, LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR SUBMISSIONS OF DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.

Professional Software Services, LLC has no obligation to monitor the use of Relocation Specialist, Web Version^TM, but may do so from time to time to protect its own interests.

THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.  No Professional Software Services, LLC dealer, agent, or employee is authorized to make any modifications or additions to this warranty.

MEDIATION CLAUSE

In the event that a dispute shall arise between the parties to this license agreement it is hereby agreed that the dispute shall be referred to mediation in the State of Nebraska with the fees for mediation to be paid equally by the parties to the dispute.  In the event that a party fails to proceed with mediation, unsuccessfully challenges the mediated agreement or fails to comply with the mediated agreement, the other party is entitled to costs of the suit including reasonable attorney’s fees for having to compel mediation, or defend or enforce the mediated agreement.

APPLICABLE LAWS

Claims arising under this Agreement, that are not successfully mediated, shall be governed by the laws of Nebraska without regard to the principles of conflict of laws.  You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Washington County , Nebraska , U.S.A. in all disputes arising out of or relating to the use of this Relocation Specialist, Web Version^TM.  In accordance with the above statement of jurisdiction and venue, both parties agree to accept personal service, both within and outside the State of Nebraska , of any summons, order to show cause, writ of judgment decree or other process.  Upon delivery of any such instruments, all parties shall become subject to the personal jurisdiction of the Nebraska courts as though they were served within the State of Nebraska .

Severability

In the event that any provision of this Agreement (or any part thereof) is for any reason adjudged to be void, unlawful, unenforceable or invalid, then disregarding such provision or part thereof, the remaining provisions of this Agreement shall subsist and remain valid and be carried into full force and effect.

Information in this document is subject to change without notice and does not represent a commitment on the part of Professional Software Services, LLC.  Relocation Specialist, Web Version™ described in this document is furnished under this license agreement.  Relocation Specialist, Web Version™ may be used or copied only in accordance with the terms of the agreement.  It is against the law to copy Relocation Specialist, Web Version™ on any medium except as specifically allowed in the license agreement.  No part of Relocation Specialist, Web Version™ may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Professional Software Services, LLC.

Some states do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.  This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

By clicking I Agree below, I am attaching my electronic signature to and agreeing to the Terms of Use of Relocation Specialist, Web Version^TM.  I understand that if I do not agree to these terms of use and privacy statements, I should click Cancel, discontinue my registration, and refrain from using the Relocation Specialist, Web Version^TM.

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