Real Safe Agent
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By installing and/or using Real Safe Agent™ ("Software") you agree that this End User License Agreement (EULA) is a legally binding and valid contract and you agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Your use of Real Safe Agent™ indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Maltese, LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Real Safe Agent in accordance with this Agreement and any other written agreement with Maltese, LLC. Maltese, LLC does not transfer the title of Real Safe Agent™ to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Maltese, LLC and the purchasers or users of Real Safe Agent™
If you do not agree to be bound by this agreement, remove Real Safe Agent™ from your device.
Real Safe Agent™ and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
3. USER AGREEMENT
Your license to use Real Safe Agent™ is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Real Safe Agent™.
3.2 Use Restrictions
You shall use Real Safe Agent™ in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile any release version of Real Safe Agent™. Nor can you create any derivative works or other works that are based upon or derived from Real Safe Agent™ in whole or in part.
Real Safe Agent™ 's name, logo and graphics file that represents Real Safe Agent™ shall not be used in any way to promote products developed with [Real Safe Agent™ . Maltese, LLC retains sole and exclusive ownership of all right, title and interest in and to Real Safe Agent™ and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Real Safe Agent™ , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Maltese, LLC.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Maltese, LLC, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Maltese, LLC Software.
In no event (including, without limitation, in the event of negligence) will Maltese, LLC, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, bodily injury, or pecuniary loss), in connection with or arising out of or related to this Agreement, Real Safe Agent™ or the use or inability to use Real Safe Agent™ or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Except as expressly stated in writing, Maltese, LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Real Safe Agent™ and destroy all copies of Real Safe Agent™ supplied under this Agreement.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Real Safe Agent™ AS WELL.
5. Third Party Content
Customer or any Authorized Entity or Authorized User may access Third Party Content while using the Services. Customer understands that Third Party Content is not under the control of Maltese and agrees that Maltese is not responsible for Third Party Content. Maltese provides access to Third Party Content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. When Customer or any Authorized Entity or Authorized User uses or otherwise links to Third Party Content, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. Customer and each Authorized Entity and Authorized User should make whatever investigation Customer or such Authorized Entity or Authorized User feels necessary or appropriate before proceeding with any transaction in connection with such Third Party Content
6. CONSENT OF USE OF DATA
You agree that Maltese, LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Real Safe Agent™. Maltese, LLC may also use this information to provide non-commercial notices to you which may be of use or interest to you.
The Application obtains user information provided by the user’s employer, Multiple Listing Service, or Realtor Association; that information is the user’s name and email address. This information is provided so that only those users who are members in good standing with their employer, Multiple Listing Service, or Realtor Association can register on the system after downloading and installing REAL SAFE AGENT. Registration with us is optional.
When a user registers with us and uses the Application, the user provides (a) a 4 digit Personal Access Code; and (b) may at their discretion upload their picture and enter the names and phone numbers of prospects, friends, family, and collegues.
We may also use the information provided to contact users from time to time to provide them important information, required notices, and safety information.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device, a mobile device’s unique device ID, the IP address of a mobile device, the mobile operating system of the device, the type of mobile Internet browsers used, and information about the way the application is used.
When the mobile application is used, we may use GPS technology (or other similar technology) to determine a users location for the purpose of the safety of the user or another use on the system. A USER CAN ONLY BE LOCATED ON A MAP BY A WATCH COMMANDER USER WHEN THE USER IS EITHER; A) IN SHOWING MODE, B) IN LISTENING WITH PRIVACY TURNED OFF AND THEY ARE IN AN ALERT AREA DURING AN ACTIVE DROP-IN ALERT OR ACTIVE 911 ALERT.
If a user does not wish for their location to be used for the purposes set forth above, the user should turn off the location services for the mobile application located in their account settings or in their mobile phone settings and/or within the mobile application.
Unless required by law enforcement, REAL SAFE AGENT does not share any user information with any third parties.
We may disclose User Provided and Automatically Collected Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- if Maltese, LLC is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
A user can stop all collection of information by the Application easily by uninstalling the Application. A usermay use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
We will retain user data provided to us for as long as a user uses the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 1 month unless we have been notified by law enforcement that the information may be needed in connection with a criminal prosecution. If a user would like us to delete user data that has been provided via the Application, they may do so at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of user information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If a user has any questions regarding privacy while using the Application, or has questions about our practices, the user can contact us via email at firstname.lastname@example.org.