Hit Productions, Inc. – Leasehunting.com
End User License and Use Agreement

IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND HIT PRODUCTIONS, INC. READ IT CAREFULLY BEFORE USING THE WEBSITE.  BY USING THE WEBSITE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE WEBSITE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE THE WEBSITE.

1. Definitions

(a) "Hit Productions" means Hit Productions, Inc. and its licensors, if any.
(b) "Website" means any Hit Productions, Inc. website including, but not limited to, Leasehunting.com.

2. License Grants

(a) You may install and use the Website on any compatible computer.   
(b) You may not share or otherwise allow the use of your password and/or username with any other person.
(c) You agree that Hit Productions, Inc. may audit your use of the Website for compliance with these terms at any time.
(d) Your license rights under this EULA are non-exclusive.

3. License Restrictions

(a) Other than as set forth in Section 2, you may not make or distribute copies of the Website.
(b) You may not alter, merge, modify, adapt or translate the Website, or decompile, reverse engineer, or disassemble the Website.
(c) You may not sell, rent, lease, or sublicense the Website.
(d) You may not modify the Website or create derivative works based upon the Website or Website content.
(e) You may not export the Website into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(f) In the event that you fail to comply with this EULA, Hit Productions, Inc. may terminate the license and you must destroy all copies of the Website (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

4. Ownership

The foregoing license gives you limited license to use the Website. Hit Productions, Inc. and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Website and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Hit Productions, Inc. and its suppliers.

5. WARRANTY DISCLAIMER

(a) THE WEBSITE IS PROVIDED TO YOU ON AN "AS-IS" BASIS. HIT PRODUCTIONS, INC. PROVIDES NO WARRANTIES FOR THE WEBSITE.
(b) HIT PRODUCTIONS, INC. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. HIT PRODUCTIONS, INC. DOES NOT WARRANT THAT THE WEBSITE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIT PRODUCTIONS, INC., ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(e) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

6. LIMITATION OF LIABILITY

(a) NEITHER HIT PRODUCTIONS, INC. NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF HIT PRODUCTIONS, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) HIT PRODUCTIONS, INC.'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10 OR THE AMOUNT PAID BY YOU FOR THE WEBSITE THAT CAUSED SUCH DAMAGE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.

7. Basis of Bargain

The Warranty Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Hit Productions, Inc. and you. Hit Productions, Inc. would not be able to provide the Website on an economic basis without such limitations. Such Warranty Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Hit Productions, Inc.'s licensors.

8. (Outside of the USA) Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer (i.e., a person acquiring goods otherwise than in the course of a business).

The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

9. Third Party Software

The Website may contain third party Software which requires notices and/or additional terms and conditions. Such required third party Software notices and/or additional terms are made a part of and incorporated by reference into this EULA.

10. General

This EULA shall be governed by the internal laws of the State of Texas, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting Travis County, Texas or the federal courts in the Texas to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Website licensed hereunder shall be of no effect. The failure or delay of Hit Productions, Inc. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

No Hit Productions, Inc. dealer, agent or employee is authorized to make any amendment to this EULA.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.

All questions concerning this EULA shall be directed to: Hit Productions, Inc. 8127 Mesa Drive #B-206-272 Austin, TX 78759 USA  Attention: General Counsel.

Leasehunting.com, the Leasehunting.com logo and other trademarks contained in the Website are trademarks or registered trademarks of Hit Productions, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Website. This EULA does not authorize you to use Hit Productions, Inc.'s or its licensors' names or any of their respective trademarks.

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