"We," "us," and "our" refers to Study Guide Systems Ltd INC. "You" and "your" refers to the individual or entity that has purchased a membership and access to the Real Estate License Professor System. "License" refers to your right to use the programs under the terms of this agreement. This agreement is governed by the substantive and procedural laws of California. You and Study Guide Systems Ltd INC agree to submit to the exclusive jurisdiction of, and venue in, the courts of California in any dispute relating to this agreement.
We are willing to provide access to the Real Estate License Professor System to you only upon the condition that you accept all of the terms contained in this agreement.
We grant you a nonexclusive, nontransferable limited license (for one single user) to access the Real Estate License Professor only for educational use, and not for any other purpose. If you use the applications you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us to obtain the appropriate license. We may audit your use of the programs.
We retain all ownership and intellectual property rights in the programs. The access to the Real Estate License Professor System may be used by one person in the operating environment identified by us.
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
We have the right to terminate your right to use the Real Estate License Professor System if you fail to comply with any of the terms of this agreement.
Refunds will not be granted 1 week past the date of purchase. If it is deemed that The Real Estate License Professor System was used for a satisfactory amount, we hold the right not to provide a refund. We hold the right to change this policy.
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.