Read the terms and conditions of this license agreement carefully.
By: downloading, otherwise receiving, or using a copy of the program, you are accepting and agreeing to the terms of this license agreement.
1. The program is copyrighted and licensed (not sold). This is a legal agreement between you (either an individual end-user or an entity) and MMI Mortgage Mentor Inc. ("MMI") . If you do not agree to the terms and conditions of this agreement, you must promptly stop using the Software, remove it from any computer on which you have installed it, and destroy all aspects of the Software in your possession or control.
2. At MMI, we are committed to respecting and protecting your privacy and security. We have taken measures to protect the security of your personal information and protect your data from misuse and unauthorized access or disclosure. While any data transmissions over the internet cannot be guaranteed 100%, MMI would like to reassure our subscribers that our site www.mortgagementor.com is protected by COPYminder (www.copyminder.com). To further protect your security, we are providing each subscriber with a unique Product Key for their personal use only. By using this software you agree that your Product Key shall not be shared, distributed or broadcast to any other parties.
3. Each Product Key and Mortgage Mentor Tool (from herein referred to as "Software") are protected by COPYminder. Periodically throughout the duration of your subscription, your Product Key and computer ID will need to be re-validated by COPYminder's protection system. To facilitate this, your computer will need to be connected to the internet. No data is copied, installed, or accessed from your computer during this process. You agree to allow COPYminder access to the Software installed on your computer solely for such re-validation purposes.
4. The Software that is made available for downloading from our online server is owned by MMI. This Software is protected by copyright laws, and is licensed to you on a non-exclusive limited basis to be used by you in accordance with the terms and conditions described herein. Any use, reproduction or redistribution of the Software that is not in accordance with the terms and conditions in this agreement is expressly prohibited by law, and may result in civil and criminal penalties.
5. This Software is licensed, not sold, for use under the terms and conditions of this agreement, and MMI reserves all rights not expressly granted in this agreement. Without limiting the generality of the forgoing MMI retains ownership of the Software, and all intellectual property rights therein. As such, you acknowledge and agree that MMI holds all rights to title and interest in all tangible and intangible incidents of the product and/or service, including copyrights and trade secrets pertaining thereto, and that this agreement conveys to you only a limited right to access and use of the product and/or service. Subject to the terms and conditions of this agreement, MMI grants to you a non-exclusive limited license to use one copy of the Software and any documentation accompanying this agreement on one computer only. No other rights are granted. You may not use the Software on different computers concurrently using the same Product Key. Attempts to install this Software on a second computer will cause the original, authorized installation to malfunction.
6. The Software contains copyrighted concepts, ideas, and other proprietary materials of MMI. You agree not to analyze, reverse engineer, decompile or disassemble the Software, or any part of the Software. You also agree to not modify or create derivative works of the Software, combine with or incorporate the Software into any other application Software, print a copy of the Software, reproduce, distribute, publish, resell for profit, broadcast, transmit or provide its functionality, or commercially exploit the Software and any information available on this site in any matter without the express consent of MMI. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE SOFTWARE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF MMI.
7. The Software is considered in use if it is loaded on the computer's permanent or temporary memory. If you are acquiring the Software on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of this agreement.
8. IN NO EVENT SHALL MMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DAMAGES OF ANY KINDINCLUDING BUT NOT LIMITED TO: GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LOSS OF SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, PERFORMANCE, TRANSMISSION, FAILURE TO DELIVER, PERFORM, OR TRANSMIT, USE OR INABILITY TO USE THE PROGRAM OR THE INFORMATION CONTAINED IN THE SOFTWARE AND REGARDLESS OF THE CAUSE WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CAUSED BY THE NEGLIGENCE OF MMI ITS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OR IF MMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
9. YOU HEREBY RELEASE MMI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY CLAIMS INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LOSS OF SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, PERFORMANCE, TRANSMISSION, FAILURE TO DELIVER, PERFORM OR TRANSMIT, USE OR INABILITY TO USE THE PROGRAM OR THE INFORMATION CONTAINED IN THE SOFTWARE, AND YOU AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR USE OF THE SOFTWARE.
10. In the event of errors or omissions in any information, the sole responsibility of MMI is to use its best efforts to correct, by the issue of a corrected release, any errors which it or any of its employees or agents may have made, negligently or otherwise, in transmitting copy accurately and which are brought to its attention.
11. THE SOFTWARE IS PROVIDED ON AN "AS IS, WHERE IS" BASIS AND MMI DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. This agreement is effective for the duration of the license term and any renewals thereto. Upon violation of any of the terms and conditions of this agreement, rights to the use of the Software shall automatically terminate and the Software must be destroyed. If MMI makes a request via public announcement or press release to stop using the Software, you will comply immediately with this request. Removal of the Software or discontinuance of its use prior to the end of the subscription does not entitle you to a refund or absolve you from continuing to make the regular subscription payments.
13. Links to other web sites from the Software or from the MMI web site allow you to leave the Software and/or the MMI web site. The linked sites are not under the control of MMI and MMI is not responsible for the contents of any linked site or links within a linked site. These links are provided as a convenience only and do not imply any endorsement or recommendation by MMI.
14. A service charge will be applied for any support in re-installation, troubleshooting, or diagnostic assistance resulting from non-compliance with this agreement.
15. CAUTION, some freeware, shareware, or you-don't-have-to-pay-for-it-ware may cause a conflict with this Software. It is recommended by MMI that this Software only be run on a computer system containing industry accepted business software and trustworthy programs. MMI is not responsible for any problems resulting from you downloading or installing recreational or non-business software that interferes with the Software. You are solely responsible for the safety and maintenance of your computer. Loss of use of your computer does not justify non-payment of any subscriptions fees due.
16. By using the Software or by submitting personal information to us, you signify your agreement to MMI's Disclaimer and Privacy Policy. [NOTE: Canadian privacy laws do not allow you to force someone to consent to be given information. If you do something like this, you are required to allow a person to opt out at an early opportunity. We recommend you address this issue in your privacy policy]. MMI reserves the right to change our Disclaimer and Privacy Policy at any time by posting the revised policy on our website. MMI may notify you of any such changes by posting notice of such modifications on the web site, or via e-mail, postal mail or other means. Notwithstanding the foregoing, it is your responsibility to periodically check our Disclaimer and Privacy Policy to inform yourself of such changes.
17. It is the intent of MMI to assist in the advancement of the profession of Mortgage Brokering in Canada through making our calculators, and resource based, product sorting ideas available to professional independent Mortgage Brokers through our specialized software. It is the desire of MMI that this Software not be made available for use by: Banks, Credit Unions, Trust Companies, lenders in general, Insurance Agents or Brokers, Financial Planners, Mutual Fund sales representatives, Realtors and Real Estate Agents, or anyone whose principal business is not mortgage origination.
18. MMI may, in its sole discretion, modify portions or all of this agreement at any time. The onus is on you to periodically check for any revision or modifications to this agreement by checking the MMI web site www.mortgagementor.com. Your continued use of the Software following notice of such modifications shall be deemed to be your acceptance of any such modifications to this agreement. If you do not agree to such modifications you must immediately stop using the Software, destroy the Software in your possession or control and notify MMI immediately.
19. This agreement may not be assigned by you. MMI may assign this agreement at any time without notice to you.
20. Microsoft Office, Windows and/or other Microsoft products referenced or used are either trademarks or registered trademarks of Microsoft. All other trademarks are property of their respective owners.