The Fine Print and Software License Agreement

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The Fine Print

The Hotel Valuation Software is provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties for the software’s quality, performance, merchantability, or fitness for any particular purpose. The authors or any entity associated with the authors or software (including Hotel Valuation Software, Inc) shall not be liable to any person or entity with respect to any liability, loss, or damage caused or alleged to be caused directly or indirectly by this software. 

In accordance with the software license, neither the authors, nor any entity affiliated with the authors, will provide any type of software support as part of the distribution of the software.

Hotel Market Analysis & Valuation Software 6.0 is written as Microsoft Excel files (which runs on both Windows and Apple OS operating systems) and comes with a detailed users’ guide and case study. Version 6.0 contains significant enhancements over Version 5.0 which is no longer distributed. Version 4.0 is available to those who purchased the text: Hotel Market Analysis and Valuation- International Issues and Software Applications from the Appraisal Institute. Version 4.0 only runs on Windows and the user interface is not particularly user-friendly. Hotel Valuation Software is also available in Mandarin.

Version 6.0 can be run in one of two ways:

• Using Microsoft Excel® on the Windows® or Apple OSX® operating systems, or;
• Using Google Sheets® and an Internet Browser, such as Firefox®, Google Chrome®, Safari®,  Opera®, Microsoft Edge® or Internet Explorer®. 

Hotel Valuation Software can be purchased from www.hotelvaluationsoftware.com. This website takes all major credit cards including PayPal. Immediately after placing your order for the software you will receive an e-mail from PayPal and Hospitality Consulting Services confirming your order and the amount paid. Within 12 hours of placing the order you will receive an e-mail from Hotel Valuation Software containing the software and user manual as an attachment and also a link to a website where you can download the software and manual.

Software License Agreement

Hotel Valuation Software, Inc.

DO NOT USE THE SOFTWARE UNTIL YOU HAVE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT GOVERNING YOUR USE OF THE SOFTWARE AND THE USE GUIDE. USING THE SOFTWARE CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD DISPOSE OF THE SOFTWARE AND ERASE IT FROM ANY COMPUTERS THAT YOU HAVE INSTALLED IT UPON.

License. You acknowledge that you acquired the software from Hospitality Consulting Services, LLC a distributor for. Hotel Valuation Software, Inc. (HVSOFT). HVSOFT hereby grants to you as the recipient of Hotel Valuation Software, a perpetual, non-exclusive, non-transferable license to use the software program and related documentation on a single computer and solely for your own personal use. You may not reverse engineer, decompile, disassemble or modify, or make any copies of, the software. The rights and license granted hereunder are restricted solely and exclusively to you and may not in any way, directly or indirectly, be licensed, assigned, sublicensed, leased, or otherwise transferred by you without the prior written consent of HVSOFT.

Ownership. Ownership of the software and documentation, and of any copyright, patent, trade secret or other intellectual and property rights therein, are and remain in the future solely and exclusively in HVSOFT.

Limited Warranty. HVSOFT warrants that it has the right to grant this license to you. The software program and related documentation are licensed “AS IS” without any warranty or representation, and without any support or right to any corrections, bug fixes, maintenance, modifications, enhancements, improvements or extensions, now or in the future. HVSOFT, Hospitality Consulting Services, LLC, Jan deRoos, Stephen Rushmore and HVS do not warrant or represent that the software program will meet your requirements or that the operation of the software program will be uninterrupted or error free. Should the software program prove defective, HVSOFT, Hospitality Consulting, LLC, Jan deRoos, Stephen Rushmore and HVS have no obligation or responsibility to you whatsoever. Nevertheless, in the event that HVSOFT does provide assistance to any user of the software program, all of the limitations with respect to warranties and remedies shall apply to any assistance so rendered. THE WARRANTY IN THE FIRST SENTENCE OF THIS PARAGRAPH IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Remedies. IN NO EVENT SHALL HVSOFT, HOSPITALITY CONSULTING SERVICES, LLC, HOTEL VALUATION SOFTWARE, JAN deROOS, STEPHEN RUSHMORE AND HVS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LIABILITY, LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OR USE OR OTHER ECONOMIC LOSS, EVEN IF HVSOFT, HOSPITALITY CONSULTING SERVICES, LLC, JAN deROOS, STEPHEN RUSHMORE AND HVS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT HVSOFT, HOSPITALITY CONSULTING SERVICES, LLC, JAN deROOS, STEPHEN RUSHMORE AND HVS IS DETERMINED TO BE LIABLE FOR DAMAGES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION, IN NO EVENT SHALL THE AMOUNT OF DAMAGES EXCEED THE AMOUNT OF THE LICENSE FEE PAID THEREFOR.

General. This Agreement may not be modified or waived, in whole or in part, except by a writing, executed by authorized representatives of both parties. This Agreement shall be governed by the internal, domestic laws of the State of New York and shall inure to the benefit of HVSOFT, its successors and assigns.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE SOLE AND EXCLUSIVE STATEMENT BETWEEN US WHICH SUPERSEDES ANY COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND THAT THERE ARE NO PROMISES, COVENANTS OR UNDERTAKINGS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.