This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the author (MorningStar Software, Inc.) of this Software for the software product identified above, which includes computer software, supporting files, databases, executables and electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
MLS Swift Client version 8.0 is being distributed as an adjunct for use with the website mlsswift.com, or in accordance with an existing subscription to the MLS Swift software service from MorningStar Software, Inc. This software is designed to receive real estate listing information and to assemble and transmit both directly and through the mlsswift.com website to First Multiple Listing Service of Atlanta, Georgia, and to Georgia MLS of Tucker, Georgia.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Installation and Use.
a) You may use this SOFTWARE PRODUCT in accordance with an active subscription to use the software from MorningStar Software, Inc., until the end of your present subscription to perform all the designed and intended functions of the software at no additional cost, provided it is activated in accordance with the terms of your existing subscription.
b) You may install and use an unlimited number of copies of the SOFTWARE PRODUCT for use solely with an account established on the mlsswift.com website for the purposes of sending and/or receiving real estate listing information and related functions in accordance with the software design and capability.
The purpose of this software is to facilitate the sending and receiving of real estate listing information to the above mentioned listing services, either directly under prepaid subscription or through the mlsswift.com website under a license agreement thereto. Except for use allowed under section 1.a) above, YOU MAY NOT UTILIZE THE SOFTWARE OR THE PRODUCT OF THE SOFTWARE IN ANY MANNER WHICH DEFEATS OR BYPASSES THE MLSSWIFT.COM WEBSITE, OR BY ANY MEANS CIRCUMVENT THE AUTHOR'S INTENDED OPERATION OF THE SOFTWARE. YOU MAY NOT REDIRECT THE SOFTWARE BY ANY MEANS (INCLUDING EXTERNAL TO THE SOFTWARE ITSELF) TO ANY HOST OR SITE.
Reproduction and Distribution. You may not copy or distribute this product or any part thereof except to install it on computers under your control for use under the terms of this license.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Update and Maintenance.
From time to time, this software may be updated by operation of the mlsswift.com website and/or the Update server operated by the author, in order to maintain operability with the listing services and related sites. Your approval to this grant of license applies to all updates and modifications which may occur.
You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
All title and copyrights in and to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of this Software. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR DAMAGES.
In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software is aware of the possibility of such damages and known defects.