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AgentNet Free Trial Agreement
The following agreement ("Agreement") is between Blitz Development
("Blitz Development") of 102 Falkirk Court #2, Sunnyvale
CA 94087, and you ("Client"). By completing the Free Trial
Registration process Client agrees to be bound by this Agreement.
I. Description of Service:
Blitz Development hosts interactive real estate web sites on the Internet
and may provide Client with, among other things, access to its software
to facilitate the creation and maintenance of Client's web site. The
AgentNet Free Trial Agreement allows Clients to use the AgentNet Service
and Software ("AgentNet") for 15 calendar days for the sole
purpose of creating a real estate web site and evaluating AgentNet.
Permission to use AgentNet shall expire at the end of that 15 day
period.
II. Proprietary Rights:
Blitz Development hereby grants Client a non-exclusive, non-transferable
license to use the Software in object code form only on a server controlled
by Blitz Development for the sole purpose of creating and maintaining
a test real estate web site. This license expires 15 days after the
date of this agreement. Client is not being granted any right to copy
the Software or to use it on computers other than a server controlled
by Blitz Development. Client may not use Web pages or parts of Web
pages generated by means of the Software, other than content that
originates from and is proprietary to Client, on any server other
than the servers controlled by Blitz Development without Blitz Development's
express written agreement.
Client shall not attempt to gain unauthorized access to any servers
controlled by Blitz Development.
III. Limited Liability:
1. Client expressly agrees that use of Blitz Development's equipment
is at Client's sole risk. Neither Blitz Development, its employees,
affiliates, agents, third party information providers, resellers or
the like, warrant that Blitz Development's service will not be interrupted
or error free; nor do they make any warranty as to the results that
may be obtained from the use of the service or as to the accuracy,
reliability or content of any information or service contained in
or provided through Blitz Development, unless otherwise expressly
stated in this Agreement.
2. Under no circumstances, including negligence, shall Blitz Development,
its offices, agents or any one else involved in creating, producing
or distributing Blitz Development's service be liable for any direct,
indirect, incidental, special or consequential damages that result
from the use of or inability to use of Blitz Development's service;
or that results from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation, or transmission or
any failure of performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorized access to
Blitz Development's records, programs or services. Client hereby acknowledges
that this paragraph shall apply to all content on Blitz Development's
servers.
3. Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort including
negligence or otherwise, shall not exceed the aggregate dollar amount
which Client paid during the term of this Agreement and any reasonable
attorney's fee and court costs.
IV. Indemnification:
Client agrees that it shall defend, indemnify, save and hold Blitz
Development harmless from any and all demands, liabilities, losses,
costs and claims, including attorneys' fees, ("Liabilities")
asserted against Blitz Development, its agents, its customers and
employees, that may arise or result from any service provided or performed
or agreed to be performed or any product sold by Client, its agents,
employees or assigns. Client agrees to defend, indemnify and hold
harmless Blitz Development against Liabilities arising out of (i)
any injury to person or property caused by any products sold or otherwise
distributed in connection with Blitz Development's service; (ii) any
material supplied by Client infringing or allegedly infringing on
the proprietary rights of a third party; (iii) copyright infringement.
This agreement represents the complete agreement and understanding
between Blitz Development and Client and supersedes any other written
or oral agreement. Upon notice published on-line via Blitz Development,
Blitz Development may modify these terms and conditions, amplify them,
and/or modify the prices, as well as discontinue to change the services
offered. Submission of your account order shall constitute your complete
acceptance of these Terms and Conditions.
This Agreement shall be governed and construed in accordance with
the laws of the State of California.
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