CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE INSTALLING ACCESSING OR USING FORMS ADVISOR(TM).  THIS IS A LEGALLY BINDING AGREEMENT.  YOUR CONTINUED ACCESS TO OR USE OF FORMS ADVISOR(TM) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH MAY BE FOUND AT WWW.ZIPFORM.COM OR SUCH OTHER WEBSITE AS DESIGNATED BY ZIPLOGIX, AND WHICH MAY BE REVISED FROM TIME TO TIME. 

IMPORTANT NOTE:  FORMS ADVISOR(TM) IS A SUGGESTIVE GUIDE FOR SELECTING FORMS ONLY, AND SHOULD NOT BE USED AS A SUBSTITUTE FOR, OR CONSTRUED AS, PROFESSIONAL ADVICE ON REAL ESTATE, TAX, LEGAL, BUSINESS OR OTHER MATTERS CONCERNING YOUR TRANSACTION.  THE FACTS OF YOUR PARTICULAR TRANSACTION MAY REQUIRE THAT YOU USE FORMS OTHER THAN THOSE SUGGESTED BY FORMS ADVISOR(TM), INCLUDING BUT NOT LIMITED TO FORMS REQUIRED UNDER FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS, OR BROKER/OFFICE SPECIFIC FORMS.  PLEASE CONSULT A RELEVANT PROFESSIONAL TO OBTAIN ADVICE FOR YOUR PARTICULAR TRANSACTION.  THE SELECTION OF FORMS AND/OR ANY INFORMATION PROVIDED BY FORMS ADVISOR(TM) IS MADE BASED UPON THE INFORMATION YOU PROVIDE REGARDING THE TRANSACTION.  IF THE ACTUAL TRANSACTION INFORMATION IS DIFFERENT FROM THE INFORMATION YOU PROVIDE IN FORMS ADVISOR(TM), OR IF, AFTER FORMS ADVISOR(TM) PROVIDES YOU WITH A SELECTION OF FORMS, THE ACTUAL TRANSACTION INFORMATION CHANGES IN ANY WAY, THE SELECTION OF FORMS AND/OR ANY INFORMATION PROVIDED BY FORMS ADVISOR(TM) MAY NOT BE APPROPRIATE FOR YOUR TRANSACTION.

This End-User License Agreement ("Agreement") is a legally binding agreement between you and zipLogix, LLC ("zipLogix," "us," "we," or "our") regarding the zipLogix software product currently known as Forms Advisor(TM) and any related tutorials, FAQ's, help files, manuals and viewers (individually and collectively, "FORMS ADVISOR(TM)").  By downloading, installing, copying, or otherwise accessing or using FORMS ADVISOR(TM), you agree to be bound by the terms of this Agreement, which include a software license and disclaimer of software and hardware warranty.  If you do not agree to the terms of this Agreement, you may not install, access or use FORMS ADVISOR(TM). 

SECTION 1.  FORMS ADVISOR(TM); GRANT OF LICENSE. 

FORMS ADVISOR(TM) is owned by and/or licensed to zipLogix and is protected by copyright laws, international copyright treaties and other intellectual property laws and treaties.  FORMS ADVISOR(TM) is being licensed to you (not sold) as follows:

A. Grant of License. 

1. Individual Purchase.  If you purchased FORMS ADVISOR(TM) as an individual user, zipLogix grants you a license to use FORMS ADVISOR(TM) for a period commencing on the date of purchase and ending twelve (12) months after the date of purchase.
2. Multi-User or Third Party Purchase.  If you are using a multi-user version of FORMS ADVISOR(TM), or if FORMS ADVISOR(TM) is being provided to you under the terms of an agreement between zipLogix or Real Estate Business Services, Inc. and a third party, such as your real estate brokerage, a state or local association/board of REALTORS® or a multiple listing service, zipLogix grants you a license to use FORMS ADVISOR(TM) for a period commencing on the date zipLogix creates your account and ending one (1) year after the date zipLogix creates your account; provided, however, that your license may terminate earlier in accordance with the agreement between zipLogix or Real Estate Business Services, Inc. and the third party.  Please see Section 4 for more information on termination of your FORMS ADVISOR(TM) license.
3. If you are a CALIFORNIA ASSOCIATION OF REALTORS® member (hereinafter "C.A.R. Member") during the 2008 membership year, zipLogix grants you a license to use FORMS ADVISOR(TM) through March 31, 2009.

B. Installation and Use.

zipLogix grants you the right to use FORMS ADVISOR(TM) online located at the website designated by zipLogix on any number of personal computers owned by you.  The license is registered to you as an individual user.

SECTION 2.  GENERAL TERMS AND CONDITIONS
A. Account Setup.  Use of FORMS ADVISOR(TM) may require that you open an account.  You may do this yourself, or your broker or administrator may do this for you.  The registration process will provide us with current, complete and accurate information as prompted by the applicable registration form(s).  Your email address may be required, and you will need to choose a password.  Our use of your email address is an integral part of FORMS ADVISOR(TM).  You may need it to log into FORMS ADVISOR(TM), and in some circumstances FORMS ADVISOR(TM) may auto-generate email messages to you.
B. Password; Account Activities.  You are entirely responsible for maintaining the confidentiality of your password, security question(s) and answer(s) and all other account credentials. You may not give your password or credentials to anyone else, and you may not use anyone else's account at any time.  Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify zipLogix immediately of any unauthorized access or use of your account or any other breach of security that potentially compromises the privacy of your account credentials, documents, or information.  zipLogix will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by zipLogix or another party due to someone else using your account or password.
C. Prohibitions on Use.  As a condition of your use of FORMS ADVISOR(TM), you agree that you will not use FORMS ADVISOR(TM) for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use FORMS ADVISOR(TM) in any manner that could damage, disable, overburden, or impair any zipLogix server(s), or the network(s) connected to any zipLogix server(s), or interfere with any other party's use of FORMS ADVISOR(TM). You may not attempt to gain unauthorized access to FORMS ADVISOR(TM), other accounts, computer systems or networks connected to any zipLogix server(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through FORMS ADVISOR(TM).  By way of example, and not as a complete list, you agree that when using FORMS ADVISOR(TM), you will not:
o Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
o Harvest or otherwise collect information about others, including e-mail addresses.
o Create a false identity for the purpose of misleading others.
o Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
o Violate any code of conduct or other guidelines which may be applicable.
o Violate any applicable laws or regulations.
o Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of FORMS ADVISOR(TM) or other user or usage information or any portion thereof.
o Use FORMS ADVISOR(TM) or the zipLogix server(s) in connection with surveys, contests, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Any unauthorized reproduction, distribution or use of FORMS ADVISOR(TM) in whole or in part is expressly prohibited, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.

SECTION 3.  OTHER RIGHTS AND LIMITATIONS.

A.  Maintenance of Trademark and Copyright Notices.  You may not remove or alter any trademark or copyright notices on FORMS ADVISOR(TM).

B. Distribution and Reproduction.  You may not distribute or reproduce copies of FORMS ADVISOR(TM) to third parties, including but not limited to transferring FORMS ADVISOR(TM) electronically from one computer to another through any communications means or over a computer network. You may not reproduce any portion of FORMS ADVISOR(TM) on any website in any way, except as expressly permitted by this Agreement.

C. Prohibition on Reverse Engineering, Decompilation, and Disassembly.  You may not reverse engineer, decompile, or disassemble FORMS ADVISOR(TM), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

D. Rental.  You may not rent, lease, or lend FORMS ADVISOR(TM).

E. Transfer.  You may not transfer any or all of your rights or obligations under this Agreement.

F. Support Services.  zipLogix may provide you with support services related to FORMS ADVISOR(TM) ("Support Services").  Use of such Support Services will be governed by zipLogix' then current polices and procedures or as may be described in the user manual built into FORMS ADVISOR(TM), if applicable.  Any supplemental software code provided to you as part of the Support Services shall be considered part of FORMS ADVISOR(TM) and subject to the terms and conditions of this Agreement.  With respect to technical information and/or feedback you provide to RE zipLogix as part of the Support Services, zipLogix may use such information for its business purposes, including for product support and development.

G. Compliance with Applicable Laws.  You must comply with all applicable laws regarding use of FORMS ADVISOR(TM), including but not limited to those relating to privacy, personal information, telephone calls, faxes, e-mails and security breaches.

H. Data Exchanging Features.  This Agreement does not grant you, and specifically excludes, the right to use the data exchanging features contained within FORMS ADVISOR(TM), if any, that allow data exchange between FORMS ADVISOR(TM) and any other product.  Use of such data exchanging features requires that you enter into a separate end user license agreement, unless zipLogix has otherwise given its consent for you to use such features.  Please contact zipLogix for information with regard to obtaining a license to use the data exchanging features contained within FORMS ADVISOR(TM).  You agree that zipLogix and its affiliates may use the data entered into the forms by you for real estate related business purposes and for internal business purposes. 

SECTION 4.  TERM AND TERMINATION.  This Agreement is effective for the time frame set forth in Section 1 and terminates automatically at the end of that time frame; provided, however, if FORMS ADVISOR(TM) is being provided to you under the terms of an agreement between zipLogix or Real Estate Business Services, Inc. and a third party, such as a state/local association of REALTORS®, a real estate brokerage or a multiple listing service, the term of this Agreement shall expire in accordance with the terms of the agreement between zipLogix or Real Estate Business Services, Inc. and such third party, which may be earlier than the time frame set forth in this Agreement.  Without prejudice to any other rights, zipLogix may terminate this Agreement immediately and without notice if you fail to comply with any of the terms and conditions of this Agreement.  In such event, you must immediately cease all use of FORMS ADVISOR(TM), destroy all copies of FORMS ADVISOR(TM) and uninstall any and all versions of FORMS ADVISOR(TM) from each and every computer in which FORMS ADVISOR(TM) is installed, if applicable.

SECTION 5.  OWNERSHIP. All right, title and interest in FORMS ADVISOR(TM), including but not limited to all copyrights, trademarks and trade secrets and any copies thereof, are owned by zipLogix and/or its suppliers and licensors.  The trademark "Forms Advisor(TM)" is owned by zipLogix.  All rights not expressly granted are reserved by zipLogix.

SECTION 6.  EXPORT RESTRICTIONS.  You agree that you will not export or re-export FORMS ADVISOR(TM) to any country, person, entity or end user subject to U.S.A. export restrictions. 

SECTION 7.  LIMITED WARRANTY; DISCLAIMER OF OTHER WARRANTIES; LIMITATION OF LIABILITY; REFUNDS FOR INDIVIDUAL FORMS ADVISOR(TM) LICENSE PURCHASES.

A. Limited Warranty.  zipLogix warrants that FORMS ADVISOR(TM) will be free of defects in materials and workmanship for a period of ninety (90) calendar days from the date of your purchase or acquisition, as applicable.  Within this period, zipLogix will promptly repair FORMS ADVISOR(TM) without charge.  This warranty will be limited to repair of FORMS ADVISOR(TM) and will not encompass any damages whatsoever.  Refunds will not be issued to you or the purchasing party, as applicable, unless the defect cannot be remedied by repair.

B. Disclaimer of Warranties.  OTHER THAN THE LIMITED WARRANTY IN SUBSECTION (A) ABOVE, ZIPLOGIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR FORMS ADVISOR(TM).  FORMS ADVISOR(TM) AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NONINFRINGEMENT.  ZIPLOGIX MAKES NO REPRESENTATION OR WARRANTY THAT THE FORMS SUGGESTED BY FORMS ADVISOR(TM) WILL BE SUITABLE, APPROPRIATE OR LEGALLY CORRECT FOR YOUR PARTICULAR TRANSACTION, OR THAT ANY USE OF FORMS ADVISOR(TM) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  ZIPLOGIX DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY INTERFERENCE OR SUSPENSION OF INTERNET SERVICE OR FOR ANY LOSS OR CORRUPTION OF DOCUMENTS, DATA, OR LOSS OF ANY OTHER MATERIALS YOU MAY STORE ON THE INTERNET.  ZIPLOGIX WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR YOUR RELIANCE ON OR YOUR DECISION TO USE FORMS SUGGESTED BY FORMS ADVISOR(TM) .  ZIPLOGIX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR AVAILABILITY OF FORMS ADVISOR(TM) FOR ANY PURPOSE.  THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE PERFORMANCE OF FORMS ADVISOR(TM) REMAINS WITH YOU. 

C. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIPLOGIX OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE FORMS ADVISOR(TM) OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ZIPLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE ZIPLOGIX' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR FORMS ADVISOR(TM) OR US $5.00.  BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  YOU SPECIFICALLY AGREE THAT ZIPLOGIX SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR DATA, ANY MATERIAL, CONTENT, DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTION CREATED, ACCESSED OR STORED IN CONNECTION WITH FORMS ADVISOR(TM), WHETHER EXPRESS, IMPLIED OR STATUTORY.
D. Professional Advice.  FORMS ADVISOR(TM) IS A SUGGESTIVE GUIDE FOR SELECTING FORMS ONLY, AND SHOULD NOT BE USED AS A SUBSTITUE FOR, OR CONSTRUED AS, PROFESSIONAL ADVICE ON REAL ESTATE, TAX, LEGAL, BUSINESS OR OTHER MATTERS CONCERNING A TRANSACTION.  THE FACTS OF YOUR PARTICULAR TRANSACTION MAY REQUIRE THAT YOU USE FORMS OTHER THAN THOSE SUGGESTED BY FORMS ADVISOR(TM).  PLEASE CONSULT A RELEVANT PROFESSIONAL TO OBTAIN ADVICE FOR YOUR PARTICULAR TRANSACTION.

SECTION 8.  MISCELLANEOUS.

A. Entire Agreement.  Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and zipLogix and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and zipLogix.

B. Jurisdiction and Venue.  This Agreement is governed by and construed in accordance with the substantive and procedural laws of the State of California, U.S.A., excluding its conflict of law principles.  Any action or proceeding brought in connection with this Agreement, whether in law or equity, will be filed exclusively in a court of competent jurisdiction located within the County of Los Angeles, State of California.  You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue or inconvenient forum. 

C. Relationship.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and zipLogix as a result of this Agreement.

D. Indemnification. You agree to indemnify, defend and hold zipLogix, its parents, subsidiaries, affiliates, and its and their directors, officers, employees, agents and licensors harmless from any claim, action, demand, liability loss, cost, expense or damage, including reasonable attorneys' fees, arising out of or any way connected with your access to, use of or conduct in connection with FORMS ADVISOR(TM).

E. Severability.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

F. Information Regarding zipLogix Products and Services.  You agree that zipLogix may send you information regarding products and services that may be interesting or valuable to you via the contact information you provided.  If you no longer wish to receive information regarding such products and services, please make your request by visiting http://support.zipform.com/emailsupport.asp or call (586) 840-0140.  We will implement your request as quickly as possible.

G. Survival.  Sections 4 through 8, inclusive, shall survive the expiration or termination of this Agreement.

H. Typeface Designs.  FORMS ADVISOR(TM)  contains software which generates typeface designs.  You may not separate the font software from FORMS ADVISOR(TM).

I. Questions.  Should you have any questions concerning this Agreement, or if you desire to contact zipLogix for any reason, please contact zipLogix at:

zipLogix, LLC
P.O. Box 130
Fraser, MI 48026
www.zipform.com

Effective:  January 11, 2008