Realist End User License Agreement
This End User License Agreement ("EULA") is a contract. CoreLogic Solutions, LLC ("CoreLogic") grants you ("End User") a limited, non-exclusive, non-transferable license to use the Realist System and the information, data, maps and imagery, and reports available through the Realist System (collectively, the "Services") subject to the following terms and conditions.
BY CLICKING "I ACCEPT" AND/OR BY ACCESSING OR USING THE SERVICES, END USER AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THIS EULA. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICES.
1. Property.
The Services and all intellectual property rights therein are owned by CoreLogic. No ownership rights are granted by this EULA and CoreLogic reserves all rights in and to the Services and all underlying data compilations and information contained therein, including but not limited to the exclusive intellectual property rights and the right to grant further licenses.  End User acknowledges that the Services are the property of CoreLogic and are a valuable commercial product, the development of which involved an expenditure of substantial time and money by CoreLogic.
2. Permitted Use.
The Services may be used solely for purposes directly related to End User's (or, if End User is an Assistant, the real estate agent or broker with whom the Assistant is associated) professional real estate activities arising in the ordinary course of business.  For purposes of this EULA, "Assistant" means an unlicensed assistant affiliated with a real estate agent or broker who performs work for such person.
3. Restrictions on Use.
End User agrees as follows:
(a) End User shall not (i) use the Services in any manner inconsistent with the Permitted Use set forth in Section 2 of this EULA; or (ii) access the Services via any automated process or application (including without limitation, scrapers, robots, and spiders).  Excessive usage volumes and/or use of the Services in a manner that sends more requests to the server in any given period of time than a typical human would normally produce may be used as evidence of a violation of this provision.
(b) End User shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Services in any manner other than as expressly permitted in this EULA; (ii) permit any third party, including any third party entity involved in a joint marketing arrangement with End User, to use the Services or any portion thereof; (iii) resell, relicense or redistribute the Services in whole or in part; (iv) use the Services to create any derivative products; (v) use the Services to create, enhance or structure any database in any form for resale or distribution; or (vi) use the Services outside the United States.
(c) End User shall (i) comply with all federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions, as well as the published guidelines of the Direct Marketing Association and other applicable industry guidelines, regarding the use, storage and dissemination of data such as the Services; (ii) abide by all prevailing federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions, including but not limited to those governing fair information practices and consumers' rights to privacy, telemarketing, and any applicable non-solicitation laws and regulations; (iii) limit access to consumer information to those individuals who have a "need to know" in connection with End User's (or, if End User is an Assistant, the real estate agent or broker with whom the Assistant is associated) professional real estate activities arising in the ordinary course of business; (iv) abide by CoreLogic's privacy policies; and (v) use the Services in a manner that gives due consideration to matters concerning privacy.
(d) End User understands that the data has not been collected for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 1681(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.  End User shall not use the Services (i) as a factor in establishing an individual's eligibility for credit or insurance; (ii) in connection with underwriting individual insurance; (iii) in evaluating an individual for employment purposes; (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority; (v) in any way that would cause the Services to constitute a "consumer report" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; or (vi) in any other manner that would cause such use of the Services to be construed as a consumer report by any pertinent governmental authority.
(e) End User shall be solely responsible for maintaining the confidentiality of End User's username and password and shall not permit End User's username or password to be shared with any third parties. End User shall be responsible for all use and fees associated with access of the Services through End User's username account, whether or not authorized by End User.  CoreLogic may prohibit concurrent sessions with the same username and password.
(f) End User shall not use the Services for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or (ii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
(g) End User shall not remove, alter or obscure any proprietary notices in the Services and will reproduce all such notices on all copies or portions thereof.
4. Delivery of Data and Format.
End User acknowledges that the availability of data elements in the Services varies substantially from area-to-area, and circumstances may exist or arise which prevent CoreLogic from providing such data or achieving complete representation of all data elements in the Services.  Notwithstanding anything to the contrary,  CoreLogic may limit or discontinue the provision of the Services for geographic locations where: (i) CoreLogic is restricted by rules, regulations, laws or governmental entities; (ii) CoreLogic has discontinued the collection of data; or (iii) CoreLogic is prohibited by third party providers.  CoreLogic may discontinue production, support, and maintenance of any Services if CoreLogic develops an upgraded version or otherwise can no longer provide such Services.
5. Compliance Audits.
CoreLogic reserves the right, during normal business hours, on reasonable notice, and at CoreLogic's expense, to audit End User to ensure End User's compliance with the terms and conditions of this EULA. CoreLogic shall select an auditor in its sole discretion. If such auditor determines there has been a breach in End User's compliance with the terms of this EULA, CoreLogic may immediately terminate this EULA and pursue its other legal remedies. Should End User not cooperate with CoreLogic's audit request within five (5) days, End User shall be deemed to have conclusively admitted to a material breach in End User's compliance for which CoreLogic may immediately terminate this EULA and pursue its legal remedies.
6. Term and Termination.
CoreLogic may terminate this EULA at any time, with or without cause, upon written notice to you.  Upon termination of this EULA, you agree to immediately cease all use of and access to the Services.  Notwithstanding the foregoing, this EULA shall terminate immediately upon the termination or expiration of the license agreement between CoreLogic and your MLS provider.
7. Disclaimer.
THE SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA, SUBJECT TO FREQUENT CHANGE. CORELOGIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY END USER OF THE SERVICES SHALL BE ENTIRELY AT END USER'S OWN RISK.  CORELOGIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. END USER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO END USER'S USE OF THE SERVICES.
8. Limitation of Liability.
CORELOGIC'S TOTAL LIABILITY AND END USER'S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING $10,000.THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT WILL BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT.  THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT.  CORELOGIC SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF CORELOGIC IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.  END USER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO END USER ABSENT SUCH LIMITATIONS.
9. Indemnification.
END USER AGREES TO INDEMNIFY AND HOLD CORELOGIC HARMLESS FROM AND AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES BY END USER, OR ATTRIBUTABLE TO END USER'S BREACH OF THIS AGREEMENT; PROVIDED THAT CORELOGIC GIVES END USER PROMPT WRITTEN NOTICE OF ANY SUCH CLAIM.  CORELOGIC SHALL CONTROL THE DEFENSE AND ANY SETTLEMENT OF SUCH CLAIM, AND END USER SHALL COOPERATE WITH CORELOGIC IN DEFENDING AGAINST SUCH CLAIM.
10. General.
(a) Unless specified otherwise in a fully-executed license agreement with CoreLogic, this EULA constitutes the entire agreement between the parties with respect to the Services and supersedes any prior understanding or agreement, oral or written, relating to the Services.
(b) The interpretation and construction of this EULA, and all matters relating hereto, shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within California. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Orange County Branch and the Superior and Municipal Courts of the State of California, Orange County in any litigation arising out of relating to this EULA or its subject matter. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(c) The prevailing party shall be awarded its reasonable attorney's fees and costs in any lawsuit arising out of or related to this EULA.  
(d) No modification, amendment, supplement to or waiver of any provision of this EULA shall be effective unless in writing and duly signed by an authorized representative of both parties hereto.
(e) Any provision of this EULA that contemplates performance subsequent to the expiration or earlier termination of this EULA shall survive such expiration or termination and shall continue in full force and effect until fully satisfied.
(f) CoreLogic shall not be liable for any delay or failure in its performance of any of the acts required by this EULA when such delay or failure arises for reasons beyond CoreLogic's reasonable control.
(g) End User may not assign this EULA or any rights or obligations hereunder.  
(h) Neither party shall use, or permit their respective employees, agents and subcontractors to use, the trademarks, service marks, copyrighted material, logos, names, or any other proprietary designations of the other party, or the other party's affiliates, whether registered or unregistered, without such other party's prior written consent.
(i) Except with CoreLogic's prior written approval, End User shall not disclose CoreLogic as a data source to any third party, unless required by federal, state or local laws or government regulations and with prior notice to CoreLogic.
(j) End User shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that End User uses to protect End User's own most sensitive data.
(k) Any notice or other communication required or permitted under this EULA shall be sufficiently given if delivered in person or sent by one of the following methods: (a) registered U.S. mail, return receipt requested (postage prepaid); (2) certified U.S. mail, return receipt requested (postage prepaid); or (3) commercially recognized overnight service with tracking capabilities. Notices to CoreLogic shall be sent to 40 Pacifica, Suite 900, Irvine, California 92618, with a copy to CoreLogic's counsel at the same address marked Attention: Legal Department.  Notices to End User shall be sent to the address entered by End User in the registration information.  Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail or overnight service.