You’ve invested a lot of resources in your Yardi platform. Our unique expertise is in helping you to make the most of it. Whether it’s troubleshooting a persistent problem, creating a custom report, undertaking an enterprise-wide implementation or providing ongoing help desk services—and anything in between—we can help you. We are known as the Yardi experts for a reason—we are simply the best at solving Yardi problems.
Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software solely for your internal business or personal purposes.
This license is provided to you for use only as expressly permitted in this Agreement.
You agree that you will not, and will not permit any third party to:
The Software is licensed, not sold. The Company and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein. No rights are granted to you other than those expressly set forth in this Agreement. All rights not expressly granted are reserved by the Company.
The Software may integrate with, connect to, or interoperate with third-party products and services, including QuickBooks® and other products offered by Intuit Inc. (“Intuit”).
If the Software requires you to create an account or connect a third-party account, you are responsible for:
Your use of the Software may involve the collection, processing, and transmission of data, including data accessed through connected third-party services. The Company’s handling of such data is described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Software, you consent to the data practices described in the Privacy Policy.
You represent that you have all necessary rights and consents to provide any data you submit to or access through the Software.
The Software is currently provided to you free of charge. The Company reserves the right to introduce fees for the Software or certain features in the future, with notice to you.
The Company may, at its discretion, provide updates, upgrades, patches, or modifications to the Software. Such updates may be installed automatically and are subject to this Agreement unless accompanied by separate terms. The Company is under no obligation to provide any updates or to continue to support any particular version of the Software.
This Agreement is effective until terminated. The Company may suspend or terminate this Agreement and your license at any time, with or without cause, including if you breach any term of this Agreement. You may terminate this Agreement at any time by ceasing all use of the Software and uninstalling or deleting all copies in your possession.
Upon termination, your license rights end and you must stop using the Software. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR
PRESERVED. YOU USE THE SOFTWARE AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) USD $100.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
This Agreement is governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Cherokee County, Georgia, and you consent to personal jurisdiction in those courts.
The Company may modify this Agreement from time to time. We will post the updated Agreement with a revised “Last Updated” date, and where appropriate, provide additional notice. Your continued use of the Software after changes take effect constitutes your acceptance of the revised Agreement.
Entire Agreement. This Agreement, together with the Privacy Policy and any referenced terms, constitutes the entire agreement between you and the Company regarding the Software and supersedes all prior agreements.
Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. The Company’s failure to enforce any provision is not a waiver of its right to do so later.
Assignment. You may not assign or transfer this Agreement without the Company’s prior written consent. The Company may assign this Agreement freely.
Force Majeure. The Company is not liable for any failure or delay caused by events beyond its reasonable control.
If you have questions about this Agreement, contact us at:
NDC Consulting, LLC
8014 Cumming Highway, 403-125 Canton, GA 30115
Email: info@ndconsultingllc.com
Website: www.ndconsultingllc.com
