Updated: May 23, 2022
CyberLoft (the Company), and the company or individual who has purchased or is presently purchasing a Property Lease Manager Premium Cloud license through the Web Store at propertyleasemanager.com (the Customer, sometimes with the Company, the “parties”) agree:
The Company develops Property Lease Manager Free, computer software, and other material published at propertyleasemanager.com and Property Lease Manager Android App available at https://play.google.com/store/apps/details?id=com.cyberloft.propertyleasemanager&hl=en_US&gl=US. This license is for Property Lease Manager Premium Cloud, a suite of additional features (the "Features"):
In exchange for the fee the Customer owes under Payment, the Company grants the Customer a license, under all the copyrights and any patent rights the Company can license during the term of this agreement, to use Property Lease Manager Premium Cloud as described in What the Customer May Do, and What the Customer Cannot Do.
The license granted under this agreement is in addition to, and separate from, the Company's public licenses for Property Lease Manager Free. This agreement and the public licenses for Property Lease Manager Free will be read separately, as independent legal documents.
The Customer may engage other personnel to manage Properties, Tenants, Leases (the "Assets") using the same account and login credentials. The platform may be accessed by the Customer and other personnel at any location and computer or other device, provided that the computer or device has internet connection.
The Customer may make use of the platform to add, edit, delete Assets at their discretion.
The Customer may make import or export the database using the provided Database import and export tools to be synchornized with other devices in possession of the Android App.
The Customer cannot share the account or disseminate the account's credentials with other property owners to perform the above activities. This is different from allowing personnel to use the account to manage the Assets, in that these personnel have been given permission by the Customer to use the account to help with the workload of managing the Assets.
This agreement covers:
When this agreement ends, the Customer's license continues for versions already covered by this agreement under Updates.
The Customer agrees to pay the license fee for Premium Cloud specified via the Web Store at the time Customer entered this agreement, using a payment method accepted by the Web Store.
This agreement will continue for the term specified via the Web Store. When that term ends, this agreement will expire.
If the Company discovers reason to believe the Customer has breached this agreement, the Company may terminate this agreement, restrict the Customer's ability to make use of the Features. The Company agrees to send notice to the e-mail address the Customer provided via the Web Store promptly after terminating this agreement or restricting access. These abilities do not limit the Company's ability to enforce this this agreement in other ways, such as by taking legal action.
The Company guarantees that the Company has all legal rights needed to license the Premium Cloud under this agreement.
The Company makes only the guarantee in Guarantee. Otherwise, the Company provides Premium Cloud entirely as is, without any warranty at all. THE TERMS SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS WHATSOEVER, WHETHER STATUTORY, COMMONLAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND SATISFACTORY QUALITY. CUSTOMER EXPRESSLY WAIVES ANY RIGHTS THAT IT MIGHT OTHERWISE HAVE.
If the Customer takes legal action against the Company related to Premium Cloud, under contract law, tort law, or any other kind of law, the Customer's damages will be capped at the amount of fees the Customer actually paid the Company under this agreement. Under no circumstance shall the Customer be entitled to punitive, exemplary, consequential, or indirect damages. If the Company takes legal action against the Customer related to Premium Cloud, under contract law, tort law, or any other kind of law, Premium Cloud shall not be entitled to receive punitive, exemplary, consequential, or indirect damages.
These are the final, complete, and only expression of our agreement about Premium Cloud.
Only the Customer and the Company can enforce rights under this agreement.
We will change or add to the terms of this agreement only by cosigning written amendments.
The Customer may not assign any right or license under this agreement. The Company may assign its rights and obligations under this agreement, as a whole, to a new legal entity created to change its jurisdiction or legal form of organization, or to an entity that acquires Company assets related to Premium Cloud or enough securities to control the Company's management. Any attempt to assign against the terms of this agreement will have no legal effect.
The Laws of Malta shall govern this agreement.
This agreement is also subject to the Terms of Service between the parties. The Terms of Service, available on the propertyleasemanager.com website, are incorporated into this agreement by reference as if fully restated herein. This agreement such Terms of Service shall be read and interpreted together.