Premium Web | Licenses - Property Lease Manager

Licenses

CyberLoft (the Company), and the company or individual who has purchased or is presently purchasing a Property Lease Manager Premium Web license through the Web Store at propertyleasemanager.com (the Customer, sometimes with the Company, the “parties”) agree:

Background
License
What the Customer May Do
What the Customer Cannot Do
Updates
Payment
Term
Enforcement
Guarantee
Disclaimer
Limited Damages
General Contract Terms

Background

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 Web, a suite of additional features (the "Features"):

Payments Log which provides a historical log of all rent payments carried out by tenants as recorded by the Customer
Expenses Tracker for tracking expenses of properties
Security Deposits which provides a list of security deposits handed in by tenants as recoded by the Customer
Unlimited Reporting giving a whole set of visual charts and tabulated data illustrating the performance of each property enlisted by the Customer
No Ads which will remove all Ads across the entire platform.

License

License Grant

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 Web as described in What the Customer May Do, and What the Customer Cannot Do.

Public Licenses

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.

What the Customer May Do

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.

Add, Edit, Delete Assets

The Customer may make use of the platform to add, edit, delete Assets at their discretion.

What the Customer Cannot Do

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.

Updates

This agreement covers:

currently available Features, and any additional Features the Company releases as part of the Premium Web during this agreement.

After this Agreement Ends

When this agreement ends, the Customer's license continues for versions already covered by this agreement under Updates.

Payment

The Customer agrees to pay the license fee for Premium Web specified via the Web Store at the time Customer entered this agreement, using a payment method accepted by the Web Store.

Term

This agreement will continue for the term specified via the Web Store. When that term ends, this agreement will expire.

Enforcement

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.

Guarantee

The Company guarantees that the Company has all legal rights needed to license the Premium Web under this agreement.

Disclaimer

The Company makes only the guarantee in Guarantee. Otherwise, the Company provides Premium Web 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.

Limited Damages

If the Customer takes legal action against the Company related to Premium Web, 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 Web, under contract law, tort law, or any other kind of law, Premium Web shall not be entitled to receive punitive, exemplary, consequential, or indirect damages.

General Contract Terms

Entire Agreement

These are the final, complete, and only expression of our agreement about Premium Web.

Enforcement by the Parties

Only the Customer and the Company can enforce rights under this agreement.

Amendments

We will change or add to the terms of this agreement only by cosigning written amendments.

No Assignment

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 Web or enough securities to control the Company's management. Any attempt to assign against the terms of this agreement will have no legal effect.

Maltese Law

The Laws of Malta shall govern this agreement.

Terms of Service

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.

Disputes

Forum and Arbitration

- The parties agree that any dispute between them relating in any way to the terms herein shall be subject to mandatory and binding arbitration. Such arbitration shall be conducted by an arbitrator mutually agreeable to the parties and pursuant to the procedural rules of the Malta Arbitration Center (the "MAC"), though the arbitration need not necessarily be conducted through the MAC. In the event the parties cannot agree to a single arbitrator, each party shall select an arbitrator and the two arbitrators shall select a third, and the subject arbitration shall be conducted by the three arbitrators. All costs for such arbitration shall be shared equally among the parties (with the exception of attorney's fees, which shall be bourne by the party incurring such costs), and the prevailing party shall be entitled to an award of costs and fees against the non-prevailing party. In the event this clause is held invalid or unenforceable, Tthe parties agree that the sole and exclusive jurisdiction for to bring any lawsuits related to this agreement shall be in in the Courts of Justice of Malta, (the “Designated Courts”).

Exclusive Jurisdiction

- Each party consents to the exclusive jurisdiction of the Designated Courts, but that exclusive jurisdiction will not prohibit enforcement of any judgment obtained from Designated Courts in any other appropriate forum.

Inconvenient Forum Waiver

- Each party waives any objection to venue for lawsuits related to this agreement in the Designated Courts, as well as any claim that a lawsuit related to this agreement in the Designated Courts is brought in an inconvenient forum.

Indemnity

- The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, employees, agents, successors, and assigns, against all claims and suits by third parties for damages, injuries to persons (including death), damage to property, loses, and expenses including reasonable attorney's fees, arising out of or from Customer's use of Company's products and services, including all acts by Customer pursuant to this agreement.

Savings

- If any provision herein, or the application of such provision to any person or circumstance, shall be held invalid by a court or arbitrator, the remainder of the terms herein, or the application of such provision(s) to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. The remaining terms shall be construed consistently with the terms and stated objectives herein to best give effect to the parties' intent.

Collective, Joint, and Class Waiver

- THE PARTIES HERETO AGREE THAT ANY CLAIMS BY OR AMONG THEM SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND EACH OF THE PARTIES EXPRESSLY WAIVES THEIR RIGHT, IF ANY, TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION CONCERNING ANY CLAIMS BY OR AMONG THEM.

Licenses: Premium Web