End-User License Agreement (EULA) of CT IDX Pro
This End-User License Agreement (“EULA”) is a legal agreement between you and Contempo Creative Inc.
This EULA agreement governs your acquisition and use of our CT IDX Pro software (“Software”) directly from Contempo Creative Inc.
Please read this EULA agreement carefully before completing the installation process and using the CT IDX Pro software. It provides a license to use the CT IDX Pro software and contains warranty information and liability disclaimers.
If you register for a free trial of the CT IDX Pro software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the CT IDX Pro software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Contempo Creative Inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Contempo Creative Inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Contempo Creative Inc. hereby grants you a personal, non-transferable, non-exclusive license to use the CT IDX Pro software on your devices in accordance with the terms of this EULA agreement.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- use the Software for any purpose that Contempo Creative Inc. considers is a breach of this EULA agreement
Intellectual Property and Ownership
Contempo Creative Inc. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Contempo Creative Inc.
Contempo Creative Inc. reserves the right to grant licenses to use the Software to third parties.
The fee for IDX Services comes due upon purchase. Contempo Creative Inc. will bill your credit card on or around the same day of the month in which your account credentials originated. (For example, if your account activated on the 15th of the month, Contempo Creative Inc. will bill your credit card on or around the 15th of each month). Services and charges will continue on a month-to-month basis unless otherwise stated in these Terms. Payment of the monthly fee covers IDX Services for the entire monthly billing cycle, whether or not you connect your account. Contempo Creative Inc. will not refund fees paid.
If you cancel IDX Services, please notify Contempo Creative Inc. prior to your next monthly billing date. You must initiate cancellation via email (email@example.com) or live chat, such cancellations do not become effective until received and confirmed by Contempo Creative Inc. Please note that you cannot cancel by telephone; you must cancel in writing by email or live chat.
Canceled accounts automatically terminate at the end of the current billing cycle, as long Contempo Creative Inc. receives your cancellation notice prior to the next monthly billing date (see above). Your account will remain active until terminated by the billing program. Contempo Creative Inc. does not assess a cancellation fee nor provide a refund for any unused service. Non-usage of an account does not constitute cancellation of IDX Services. Subscribers remain responsible for full payment on all accounts until properly canceled.
Term. This Agreement shall commence on the Effective Date, shall continue in full force and effect for a period of one (1) month and shall be automatically renewed thereafter for successive periods unless written notice of intent not to renew is received by either Party at least thirty (30) days prior to the commencement of any subsequent Term.
Termination. This Agreement may be terminated by either Licensee or Contempo Creative Inc., (i) in the event of a material default or breach any term, condition or covenant contained in this Agreement by the other Party which is not cured within thirty (30) calendar days after written notice of the default or breach; (ii) immediately upon written notice if the other Party files or is the subject of a bankruptcy case, makes an assignment for the benefit of creditors, becomes insolvent, is generally unable to pay its debts as they become due, or has a receiver, trustee, or conservator appointed for any substantial part of its assets or properties; (iii) immediately upon notice of an MLS® violation; or, (iv) without cause upon thirty (30) days written notice. The licensee shall forfeit any fees paid in advance in the event that the Licensee terminates this Agreement before the expiration of the Term.
This EULA agreement and any dispute arising out of or in connection with this EULA agreement shall be governed by and construed in accordance with the laws of us.