Top Cash Flows

Software License Agreement

The Way Real Estate Investing Is Meant to Be Done ™

"Software" is defined as the TopCashFlows.com website and/or computer program(s) with which this Software License Agreement ("Agreement") is included and any updates or maintenance releases thereto. The use by you of any services or content accessible through the Software may be subject to your acceptance of separate agreements with TopCashFlows™ LLC (“TopCashFlows”) or third parties. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software from TopCashFlows™ to you ("you" or "Licensee"), and installing and/or using the Software indicates that you have read and understand this Agreement and accept its terms and conditions. If you purchased this license for the Software and do not agree with the terms and conditions of this Agreement, promptly discontinue use of the Software and accompanying items immediately upon determination that you do not agree with the terms and conditions but in no event later than ten (10) days of purchase. If you do not agree with this Agreement, do not use the Software.

License and Restrictions

A. License Grant for Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use the Software on one (1) computer used by a single household. You may not transfer your rights in the Software to a third party.

B. Restrictions
You agree not to: (1) make copies of the Software; (2) enable others to use your registration code(s), password(s) or serial numbers (if any); (3) give copies or access to another person who has not purchased a license for the Software from TopCashFlows™ (4) access the Software from computers used by individuals who have not purchased the appropriate licenses for the Software from TopCashFlows™ (5) duplicate the Software by any other means including electronic transmission; or (6) copy any printed materials or user documentation accompanying the Software. The Software in its entirety is protected by copyright laws. The Software also contains the trade secrets of TopCashFlows™ and third parties, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof.

Feedback
TopCashFlows™ may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products and services ("Feedback"). You agree that TopCashFlows™ may, in its sole discretion, use the Feedback you provide to TopCashFlows™ in any way, including in future modifications of Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant TopCashFlows™ a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to TopCashFlows™ in the Feedback.

Termination; Sunset Policy
This Agreement may be terminated by TopCashFlows™ immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately discontinue usage of the Software, including any saved and/or printed materials. TopCashFlows™ shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue or impose conditions on any feature or aspect of the Software (including but not limited to internet-based services, pricing, technical support options, and other product-related policies) without notice. The Software is subject to a sunset or discontinuation policy ("Sunset Policy"), and TopCashFlows™ reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software in accordance with such Sunset Policy. From time to time, TopCashFlows™ may change the terms and conditions of this Agreement or the Sunset Policy. For the latest version of this Agreement go to www.TopCashFlows.com or such other site designated by TopCashFlows™. Your continued use of the Software will indicate your agreement to the change.

Satisfaction Guaranteed
If you are not 100% satisfied with the Software, TopCashFlows' entire liability and your exclusive remedy shall be to refund your purchase price subsequent to your meeting the following requirements: a) you must request a refund within 90 days of purchase and b) you must demonstrate to TopCashFlows™ that you have implemented the principles of the TopCashFlows™ system either i) to increase cash flows on an existing income property in which you are the principal owner and have not seen a resulting increase in your net cash flows on that property as a result of implementing the principles of the TopCashFlows™ system, or ii) have applied the principles of the TopCashFlows™ system in making the decision to purchase a new income property in which you are the principal owner and have not seen a resulting increase in cash flows above what your cash flows would have been if you did not apply the principles of the TopCashFlows™ system.

Any request for a refund must be made in writing and received by the company within 90 days of purchase and also include your name, address, email address, phone number, purchase confirmation number and any related supporting documentation to demonstrate that you applied the principles of the TopCashFlows™ system as described above and did not realize a resulting increase in cash flows on your income property. All materials relating to your refund request must be delivered to TopCashFlows™ via the U.S. Postal Service or qualified shipping service such as Federal Express and should be sent to the mailing address provided on the TopCashFlows.com website or as provided to you by a TopCashFlows™ customer service representative. We recommend you retain proof of your return by obtaining a receipt from the postal service or other shipping company used to request your refund and submit any related supporting documentation.

Once we have received your complete refund request, we will process your refund and either credit your credit card account or mail a refund check as quickly as possible. In some instances, it may take up to 30 days from the time we receive your complete refund request for your refund to fully process and for you to receive your credit or refund check

In the event we do not receive your complete refund request within 90 days of purchase, we reserve the right to reject any complete or incomplete refund request received by the company later than 90 days from purchase.

DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THE SOFTWARE, RELATED MATERIALS, CONTENT AND/OR RELATED SERVICES ACCESSIBLE THROUGH THE SOFTWARE, ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TopCashFlows™ AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. TopCashFlows™ DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO ACCURATE OR UPDATED THIRD-PARTY CONTENT, NOR DOES TopCashFlows™ WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE SOFTWARE, OR CONTINUED ACCESS TO THE SOFTWARE OR TO THE DATA ENTERED INTO THE SOFTWARE AFTER THE SPECIFIED NUMBER OF USES OR AMOUNT OF TIME IN THE MATERIALS ACCOMPANYING THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A) PROVIDE YOUR OWN ACCESS TO THE WORLD WIDE WEB AND PAY ANY SERVICE FEES ASSOCIATED WITH SUCH ACCESS, AND (B) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

THE SOFTWARE AND RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT TopCashFlows™ AND ITS REPRESENTATIVES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. TopCashFlows™ EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.

LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF TopCashFlows™ FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR USE OF THE SOFTWARE LICENSED FROM TopCashFlows™ OR ITS AUTHORIZED RESELLER OR REPRESENTATIVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TopCashFlows™ AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TopCashFlows™ 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. THIRD PARTY CONTENT PROVIDERS ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF THE CONTENT. TopCashFlows™ AND ITS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TopCashFlows™ AND YOU. TopCashFlows™ WOULD NOT HAVE BEEN ABLE TO PROVIDE THE SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.

Online Services
Online services available through the Internet and selected TopCashFlows™ products ("Online Services") may be provided by a third party, and not TopCashFlows™.

You agree not to hold TopCashFlows™ liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by any third party. Your access may be limited from time to time, depending on the service provided by your internet service provider or other third party. You may be billed for these Online Services by such third party, not TopCashFlows™, and such third party may have its own service agreement which will govern the Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and Online Service usage. You may be required to register with TopCashFlows™ or a third party in order to use Online Services. Your use of Online Services may be subject to additional terms and conditions. All Online Services are subject to change.

If and when you connect to the Internet to update your data, TopCashFlows™ may also include Software updates (i.e., service information, help content, etc.) in the update transmission.

U.S. Government
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.

Export Restrictions
You acknowledge and agree that the TopCashFlows.com Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations there under ("the Acts"). You agree and certify that neither the TopCashFlows.com Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the TopCashFlows.com Software nor any direct product thereof will be exported to any countries which are currently subject to U.S. trade embargoes or [ii] persons or entities on the U.S. "Denied Persons List", "Specially Designated Nationals List" and "Entities List".

General Provisions
This Agreement sets forth TopCashFlows' and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and TopCashFlows™ with respect to the Software or any related services, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software, its content or any related services.

License and Restrictions
This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and TopCashFlows™ or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to TopCashFlows™ and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by TopCashFlows™ between you and TopCashFlows™ or the applicable Representative(s).

This Agreement does not limit any rights that TopCashFlows™ may have under trade secret, copyright, patent, trademark or other laws. The Representatives of TopCashFlows™ are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on TopCashFlows™, other than in writing signed by an officer of TopCashFlows™. Accordingly, such additional statements are not binding on TopCashFlows™ and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of TopCashFlows™ in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Santa Barbara County, California and waive any objection to venue in such courts. This Agreement is deemed entered into at Santa Barbara, California, and shall be construed as to its fair meaning and not strictly for or against either party.

Consumer Information and Privacy
For details about TopCashFlows' privacy policies, please refer to the TopCashFlows™ Privacy Policy contained either in the Software or on a website designated by TopCashFlows™. You agree to be bound by the applicable TopCashFlows™ privacy policies.

Information about Other Investment Products or Features
Various TopCashFlows™ products may contain financial information, financial planning or investment features. TopCashFlows™ has no control over your use of the Software and related services or financial information. Neither TopCashFlows™ nor its Representatives warrant the performance or results that may be obtained by its use. TopCashFlows™ does not represent, warrant, or guarantee the accuracy or timeliness of the data contained in the Software or printed materials and neither TopCashFlows™ nor its Representatives shall have any liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data or corrections to such data contained in the Software or printed materials. Various information in the Software constantly change, and the information in the Software may not be current or accurate. The Software should not be used without confirming research from other sources, obtaining up-to-date information, and separate analysis by the user of his or her own particular investment situation. TopCashFlows™ does not recommend, guarantee, or represent that the Software will predict the future performance of investments of any kind. Neither TopCashFlows™ nor its Representatives specifically guarantee or represent that analysis of past investment performance can predict future investment performance. Moreover, the Software does not recommend or endorse any specific investment, nor does the Software offer customized tax, legal, or investment advice or strategies. Prior to any investment, you should consult professional advisors such as your accountant, attorney, or broker for this advice.

Trademarks
TopCashFlows, TopCashFlows.com and the TopCashFlows logo, among others, are registered trademarks and/or registered service marks of TopCashFlows LLC in the United States and other countries. Other parties' trademarks or service marks are the property of their respective owners and should be treated as such.

Some names, company names, and sample data used in examples and help content are fictitious and are used for illustration purposes only. Any resemblance of fictitious data to a real person or company is purely coincidental.