![]() The Service is a marketing convenience key-control system, and as such, any loss of Equipment or disclosure of personal identification numbers compromises the integrity of the Service, and Keyholder agrees to use her or his best efforts to ensure the confidentiality and integrity of all components of the Service. Keyholder further agrees that neither the Service, nor any other Supra product used in connection with the Service (including the Equipment), is a security system. By executing this Agreement, Keyholder agrees to maintain the security of the personal identification number of each piece of Equipment to prevent the use of the Equipment by unauthorized persons. Keyholder agrees to comply with the Rules and Regulations relating to the use of the Service which are set forth in the User Guide and the Rules and Regulations of Organization and/or its MLS system. If the Equipment leased is lost, destroyed or damaged, Organization may replace that Equipment with refurbished Equipment (“Replacement”), which shall be completely compatible with and shall function with the Service, and shall offer the same level of functionality as the Equipment currently offered.ĭ. If Supra discontinues any item of Equipment, the Equipment leased and licensed hereunder shall continue to be completely compatible with and shall function with the Service. In the Master Agreement, Supra has reserved the right to discontinue any item of Equipment used in connection with the Service upon the provision of one (1) year prior written notice to Organization. Keyholder understands that failure of Organization to perform its obligations under the Master Agreement may detrimentally affect Keyholder’s use of the Service.Ĭ. Except as the rights and obligations of Keyholder and Organization under this Agreement may be affected as described in the two preceding sentences, the rights and obligations between Keyholder and Organization with respect to the Service are governed solely by the terms and conditions of this Agreement. Keyholder agrees that, under the terms of the Master Agreement, Organization may elect a different Service or choose to upgrade the Service at any time during the Term of this Agreement, which may result in an increase of the System Fee and/or the termination of this Agreement. Keyholder understands that, if the Master Agreement is terminated for any reason during the Term of this Agreement, the Service will no longer be available to Keyholder and this Agreement will terminate in accordance with Section 12 below. Keyholder understands that, in order to make the Service available to Keyholder, Organization and Supra entered into a Master Agreement that provides the terms under which Supra will provide the Service to Organization. The Software, the equipment incorporated in the iBoxes (if applicable), (collectively, “Equipment”) Network and KIM Database are collectively, “Service.”ī. (“Supra”), which is necessary for the use and operation of the eKEY (collectively, “Key”) for the Term shown on page 4 of this Agreement and (ii) a limited, non-exclusive, nontransferable, revocable sub-license to use the software Organization licenses from Supra (the "Software") for the Term.Ī. ![]() Organization grants to Keyholder (i) a limited non-exclusive, non-transferable, revocable sub-license to use the network (the “Network”), the use of which Organization licenses from UTC Fire & Security Americas Corporation, Inc. ![]() In addition, Organization grants to Keyholder (i) a limited non-exclusive, non-transferable, revocable sub-license to use the Network, which is necessary for the use and operation of the iBoxes for the Term and (ii) a limited, non-exclusive, nontransferable, revocable sub-license to use the software Organization licenses from Supra for the Term.Ĭ. If applicable, Organization leases to Keyholder for the Term, and Keyholder agrees to lease, iBox BT LE units (“iBoxes”). ![]() Supra may approve additional Devices during the term of the Agreement but does not provide any warranty of the performance of such Devices.ī. ![]() The eKEY is used with certain electronic devices (“Devices”) approved by Supra. The eKEY enables Keyholder to obtain a current update code open and perform other iBox functions and upload property showing data. If selected, Organization grants to Keyholder, a limited non-exclusive, non-transferable, revocable sub-license for the Term to use the eKEY Professional or Basic Software (the “eKEY”). Keyholder and Organization agree as follows:Ī. This Sub-Lease/License Agreement (“Agreement”) is entered into by and between BeachesMLS (“Organization”) and Keyholder on the date set forth therein. ![]()
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