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This Software License Agreement ("Agreement") is made and effective today by and between ITR Auctions Inc. ("Developer") and ("Licensee"). Developer has developed and licenses to users its software program marketed under the name Virtual Auction Live Auction Platform (the "Software"). Licensee desires to utilize a copy of the Software. NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows: 1. License. Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software in the United States of America as set forth in this Agreement. Recipient acknowledges and agrees that it will not use the Product for any purpose that is illegal. Recipient agrees that it will use the Product carefully and will not use it in any way which might result in any loss of its or any third party's property or information 2. Restrictions. Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer. Developer agrees it will not share or distribute the customer data or other information deemed confidential between both parties. 3. Fees. In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer a one time $499 setup fee for Auction Site set up and training. For Timed Auctions there is a $199 a month leasing & maintenance fee, no event fee and 1% buyer premium. 4. Termination. Licensee may terminate this Agreement at any time by returning the Product including all Confidential Information and copies thereof, to Developer, along with its evaluation. Developer may terminate this Agreement upon notice to Licensee, subject to Licensee obligation to return the Product, Confidential Information and all copies thereof. 5. Warranty of Title. Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Developer or to either: i) procure, at Developer's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to Developer. 6. Warranty of Functionality. A. Developer warrants that the Software shall perform in all material respects according to the Developer's specifications concerning the Software when used with the appropriate computer equipment. In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify Developer and return the Software to Developer at Licensee’s expense. Licensee’s sole remedy shall be that Developer shall correct the Software so that it operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Licensor. 7. Payment. All invoices are due net 10 from receipt. Developer may impose and Licensee shall pay a late payment charge at the rate of five percent (5%) per month on any overdue amount. 8. Warranty Disclaimer. DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Limitation of Liability. Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, from Virtual Auction or any 3rd party platform whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, and product liability or otherwise. 10. Notice. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. 11. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Florida. 12. No Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer. 13. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 14. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 15. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. IN WITNESS WHEREOF, Developer and Licensee have executed this Software License Agreement on the day and year first above written. [Licensee signature] ITR Auctions Company 848 Brickell Ave, The Penthouse Miami, FL 90034 Agree Cancel
This Software License Agreement ("Agreement") is made and effective today by and between ITR Auctions Inc. ("Developer") and ("Licensee"). Developer has developed and licenses to users its software program marketed under the name Virtual Auction Live Auction Platform (the "Software"). Licensee desires to utilize a copy of the Software. NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows: 1. License. Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software in the United States of America as set forth in this Agreement. Recipient acknowledges and agrees that it will not use the Product for any purpose that is illegal. Recipient agrees that it will use the Product carefully and will not use it in any way which might result in any loss of its or any third party's property or information 2. Restrictions. Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer. Developer agrees it will not share or distribute the customer data or other information deemed confidential between both parties. 3. Fees. In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer a one time $499 setup fee for Auction Site set up and training. $350 Event Fee on Live Auctions, plus 1% buyer premium, Monthly Event Fee Cap at $700. Streaming media is an optional service; a bandwidth fee of $150 per event applies for streaming media (any combination of audio and or video). For Timed Auctions there is a $199 a month leasing and maintence fee, no event fee and 1% buyer premium. 4. Termination. Licensee may terminate this Agreement at any time by returning the Product including all Confidential Information and copies thereof, to Developer, along with its evaluation. Developer may terminate this Agreement upon notice to Licensee, subject to Licensee obligation to return the Product, Confidential Information and all copies thereof. 5. Warranty of Title. Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Developer or to either: i) procure, at Developer's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to Developer. 6. Warranty of Functionality. A. Developer warrants that the Software shall perform in all material respects according to the Developer's specifications concerning the Software when used with the appropriate computer equipment. In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify Developer and return the Software to Developer at Licensee’s expense. Licensee’s sole remedy shall be that Developer shall correct the Software so that it operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Licensor. 7. Payment. All invoices are due net 10 from receipt. Developer may impose and Licensee shall pay a late payment charge at the rate of five percent (5%) per month on any overdue amount. 8. Warranty Disclaimer. DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Limitation of Liability. Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, from Virtual Auction or any 3rd party platform whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, and product liability or otherwise. 10. Notice. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. 11. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Florida. 12. No Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer. 13. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 14. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 15. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. IN WITNESS WHEREOF, Developer and Licensee have executed this Software License Agreement on the day and year first above written. [Licensee signature] ITR Auctions Company 848 Brickell Ave, The Penthouse Miami, FL 90034 Agree Cancel
This Software License Agreement ("Agreement") is made and effective today by and between ITR Auctions Inc. ("Developer") and ("Licensee"). Developer has developed and licenses to users its software program marketed under the name Virtual Auction Live Auction Platform (the "Software"). Licensee desires to utilize a copy of the Software. NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows: 1. License. Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software in the United States of America as set forth in this Agreement. Recipient acknowledges and agrees that it will not use the Product for any purpose that is illegal. Recipient agrees that it will use the Product carefully and will not use it in any way which might result in any loss of its or any third party's property or information 2. Restrictions. Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Developer. Developer agrees it will not share or distribute the customer data or other information deemed confidential between both parties. 3. Fees. In consideration for the grant of the license and the use of the Software, Licensee agrees to pay Developer a one time $499 setup fee for Auction Site set up and training. $350 Event Fee on Live Auctions, plus 1% buyer premium, Monthly Event Fee Cap at $700. Streaming media is an optional service; a bandwidth fee of $150 per event applies for streaming media (any combination of audio and or video) 4. Termination. Licensee may terminate this Agreement at any time by returning the Product including all Confidential Information and copies thereof, to Developer, along with its evaluation. Developer may terminate this Agreement upon notice to Licensee, subject to Licensee obligation to return the Product, Confidential Information and all copies thereof. 5. Warranty of Title. Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Developer or to either: i) procure, at Developer's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to Developer. 6. Warranty of Functionality. A. Developer warrants that the Software shall perform in all material respects according to the Developer's specifications concerning the Software when used with the appropriate computer equipment. In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify Developer and return the Software to Developer at Licensee’s expense. Licensee’s sole remedy shall be that Developer shall correct the Software so that it operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Licensor. 7. Payment. All invoices are due net 10 from receipt. Developer may impose and Licensee shall pay a late payment charge at the rate of five percent (5%) per month on any overdue amount. 8. Warranty Disclaimer. DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Limitation of Liability. Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, from Virtual Auction or any 3rd party platform whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, and product liability or otherwise. 10. Notice. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. 11. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Florida. 12. No Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer. 13. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 14. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 15. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. IN WITNESS WHEREOF, Developer and Licensee have executed this Software License Agreement on the day and year first above written. [Licensee signature] ITR Auctions Company 848 Brickell Ave, The Penthouse Miami, FL 90034 Agree Cancel
