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This
Agreement covers the software provided by PCLender for your use in connection
with mortgage processing activities using the InHouse Mortgage system
(the "Software"). Access to that software is made available
to you on the following conditions, to which you must agree before using
the Software.
1.You will access the software only as authorized by the licensee of the
Software.
2.You will access the software only for purposes of carrying out your
responsibilities and obligations as an employee, agent or authorized affiliate
of the licensee of the Software.
3.You will not infringe PCLender's intellectual property rights in the
Software.
4.You understand and agree that the Software, and all modifications, enhancements,
updates, improvements and changes to the Software, are and at all times
shall be the sole property of PCLender, regardless of whether you have
had any role in the development thereof.
5.You understand and agree that PCLender may need to maintain or fix computer
hardware or software used pursuant to this Agreement, from time to time,
and that during such times, you may not be able to use the Software.
6.You agree not to disclose your password to any other person orally,
in writing or by any other means. You agree not to write your password
down on paper or on any other material.
7.EXCEPT AS SET FORTH IN THIS AGREEMENT, PCLENDER EXPRESSLY DISCLAIMS
AND YOU EXPRESSLY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING
TO THE SOFTWARE AND ANY RELATED SERVICE, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
INTENDED USE, ANY WARRANTY OF TITLE OR NONINFRINGEMENT, ANY WARRANTY OF
COMPATIBILITY BETWEEN THE SOFTWARE AND SERVICER'S EQUIPMENT, SOFTWARE,
DATA OR SERVICES FURNISHED HEREUNDER, OR ANY WARRANTY THAT THE SOFTWARE
WILL RUN ERROR-FREE OR THAT CONNECTIVITY OF THE SERVERS TO THE INTERNET
WILL BE UNINTERRUPTED. You agree that you have had adequate opportunity
to evaluate the Software and for determining the suitability of such Software
for its purposes.
8.You understand and accept that PCLender will not guarantee, represent
or warrant that access to the services with which the Software is used
will be uninterrupted or error free, or that any defect to the Software
or to the servers will be corrected.
9.You agree that PCLender shall not be liable to you (nor to any person
or entity claiming rights through you) with respect to any subject matter
of this Agreement under contract, negligence, tort, strict liability or
any other legal or equitable theory, with respect to the Software, the
lack of connectivity of the Servers to the Internet, or the services furnished
hereunder except for direct damages caused solely by the acts of PCLENDER,
and PCLender shall not be liable to you for any such direct damages in
excess of an amount equal to the charges paid by you to PCLENDER pursuant
to this Agreement within the immediately preceding three (3) month period
of time. You agree that PCLender shall not be liable for any indirect,
incidental, special, consequential, punitive or exemplary damages of any
kind under any circumstances, including, but not limited to, lost profits,
loss of business or other economic damage as a result of breach of this
Agreement or even if advised of the risk of such damages in advance.
10.You are responsible for all of your activities while using the Software.
11.You agree to use reasonable care to prevent the unauthorized use, disclosure,
or availability of Confidential Information of the PCLender and also of
mortgage applicants. and to use such Confidential Information only for
the purpose of performing you obligations under this Agreement. In the
event you discover any loss or compromise of such Confidential Information,
you agree to immediately notify PCLender and cooperate with PCLender at
PCLender's reasonable request in connection with halting any such loss
or compromise.
12.You agree that his Agreement constitutes the entire understanding between
the parties. No amendment, change, or waiver of any provision of this
Agreement will be binding unless in writing and signed by both parties.
13.You agree to comply with all relevant local, state, federal and other
applicable laws and regulations. If any such laws or regulations require
that you be licensed to provide the service or product in connection with
which you are using or will use the Software, you represents and warrants
that you are properly licensed and/or registered to provide such product
or service in connection with mortgage loans in the jurisdiction in which
your product or service will be provided.
14.You agree that no waiver, alteration, modification or cancellation
of any of the provisions of this Agreement shall be binding unless made
in writing and signed by both parties.
15.This Agreement will be governed by and construed in accordance with
the laws of the State of Hawaii applicable to contracts made and performed
therein, without taking into account any conflict of laws principles.
Please indicate your acceptance of the foregoing terms and conditions
by clicking on the "Accept" button.
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