End-User License Agreement (EULA)
Commercial Real Estate Underwriting and Development Tool is licensed to You (End-User) for use only under the terms of this License Agreement. By downloading the Licensed Application from Microsoft Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. referred to in this License Agreement as "Services." The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. not the Services, is solely responsible for the Licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules") acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them. when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. is to be used on devices that operate with.
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. LIABILITY
8. WARRANTY
9. PRODUCT CLAIMS
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
12. TERMINATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
16. MISCELLANEOUS
("Licensed Application") is a piece of software created to - and customized for devices ("Devices"). It is used to that operate with Microsoft Windows.
2.1. Grant of License. Subject to the terms and conditions of this License Agreement, Commercial Real Estate Underwriting and Development Tool grants you a personal, non-exclusive, non-transferable, revocable, and limited license to install and use the Application on any supported device that you own or control, and as permitted by the Usage Rules set forth by the Microsoft Store. 2.2. Restrictions. You may not, and you agree not to enable others to: Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof; Rent, lease, lend, sell, redistribute, or sublicense the Application; Use the Application for any illegal purpose or in any manner inconsistent with this License Agreement. 2.3. Updates. This license applies to any updates to the Application that KA SING NG may make available that replace and/or supplement the original Application, unless such update is accompanied by a separate license agreement. 2.4. Ownership. You acknowledge and agree that the Application is licensed, not sold, to you. KA SING NG reserves all rights, title, and interest in and to the Application, including all intellectual property rights therein.
3.1. System Compatibility. The Application is designed to operate on devices running Microsoft Windows 10 or later. To ensure optimal performance, your device must meet the minimum hardware specifications described on the Application's Microsoft Store product page. 3.2. Internet Access. While the Application may offer certain offline functionalities, an active, stable internet connection is required for initial installation, license validation, and accessing certain cloud-based underwriting features or simulation documentation. 3.3. Updates and Maintenance. KA SING NG may, at its sole discretion, issue updates to the Application to improve performance, add new features, or address security vulnerabilities. You are responsible for ensuring that your device environment is compatible with such updates. KA SING NG does not guarantee that older versions of the Application will remain functional or compatible with future operating system updates. 3.4. Device Integrity. You are responsible for maintaining the security and integrity of the device on which the Application is installed, including keeping your operating system and security software up to date. KA SING NG is not responsible for any performance degradation or data loss caused by unauthorized modifications to your device or the presence of malicious software within your local computing environment.
KA SING NG is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application. KA SING NG and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed.
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively. "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third- party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that: 1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 4. Your Contributions are not false, inaccurate, or misleading. 5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. 9. Your Contributions do not violate any applicable law, regulation, or rule. 10. Your Contributions do not violate the privacy or publicity rights of any third party. 11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation. Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7.1. Limitation of Liability. To the maximum extent permitted by applicable law, KA SING NG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: Your access to or use of, or inability to access or use, the Application; Any errors or inaccuracies in the simulation results, underwriting models, or financial projections provided by the Application; Any reliance placed by you on the output generated by the Application for the purposes of making actual investment, lending, or real estate acquisition decisions. 7.2. No Investment Advice. You acknowledge and agree that the Application is provided for educational, simulation, and informational purposes only. It does not constitute financial, investment, legal, or tax advice. Any investment decisions made based on the Application's outputs are made at your own risk. KA SING NG expressly disclaims any responsibility for any financial loss incurred by you or any third party as a result of using this Application. 7.3. Maximum Liability. In no event shall the total liability of KA SING NG for all claims arising out of or relating to your use of the Application exceed the amount actually paid by you, if any, for the use of the Application during the twelve (12) month period preceding the claim.
8.1. Limited Warranty. KA SING NG ("Licensor") warrants that the Licensed Application is free of spyware, Trojan horses, viruses, or any other malware at the time of your download. Furthermore, Licensor warrants that the Licensed Application will perform substantially in accordance with the provided user documentation under normal use. 8.2. Exclusions. No warranty is provided for the Licensed Application if it is not executable on the device, has been modified without authorization, handled inappropriately, or used with inappropriate hardware, software, or accessories, whether by you or a third party. Additionally, Licensor provides no warranty for any issues arising outside of KA SING NG’s sphere of influence that affect the executability of the Licensed Application. 8.3. Inspection and Reporting. You are required to inspect the Licensed Application immediately after installation and notify KA SING NG of any discovered defects. The defect report will be taken into consideration and further investigated if it has been emailed to kasing@credevsim.com within a period of thirty (30) days after discovery. 8.4. Remedy. If we confirm that the Licensed Application is defective, KA SING NG reserves the choice to remedy the situation, either by providing a corrected version of the Application or by providing reasonable workarounds to restore functionality. 8.5. Service Store Operator Warranty. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the Services Store Operator (e.g., Microsoft), and your Licensed Application purchase price may be refunded to you by the Store Operator in accordance with their policies. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application. 8.6. Statutory Limitations. If the user is an entrepreneur (acting in a professional capacity), any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
KA SING NG and the End-User acknowledge that KA SING NG, and not the Services Store Operator (e.g., Microsoft), is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including any claims in connection with the Licensed Application’s use of HealthKit and HomeKit functionality (if applicable).
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: kasing@credevsim.com
The license is valid until terminated by KA SING NG or by You. Your rights under this license will terminate automatically and without notice from KA SING NG if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
KA SING NG represents and warrants that it will comply with all applicable third-party terms of agreement when using the Licensed Application. In accordance with the "Instructions for Minimum Terms of Developer's End-User License Agreement," any third-party service providers (including, but not limited to, the Services Store Operator and its subsidiaries) shall be considered third-party beneficiaries of this End-User License Agreement. Upon your acceptance of the terms and conditions of this License Agreement, such third-party beneficiaries will have the right (and will be deemed to have accepted the right) to enforce this End-User License Agreement against you as a third-party beneficiary thereof.
KA SING NG and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application, or the End-User's possession and use of that Licensed Application, infringes on a third party's intellectual property rights, KA SING NG, and not the Services Store Operator, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
This License Agreement is governed by the laws of the State of California, excluding its conflicts of law rules.
16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. 16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.