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Leadmark
License Agreement and Warranty

REFERENCES. As used in this license and the Limited Warranty, “You” or “Your” means the employees, contractors or agents of the company identified below (the “Company”) . “We”, “Us” and “Our” mean Mortech, Inc., the owner of the Software and Data and any third party content providers or agents who We may utilize (including, but not limited to, Mortgage Resource Center, Inc., doing business as AllRegs). “Software” means any software program furnished to You by Us including but not limited to, Leadmark, Marksman or SRPcalc. “Data” means any information furnished to You by Us at anytime as an adjustment to or support for the Software, including instruction for use, whether provided in writing, magnetically or electronically. “User” means any person authorized to utilize Leadmark, Marksman, SRPcalc or its derivatives. “Vendor” means any lending institution, bank or mortgage lender whose Data We may provide. “Vendor Information” means loan product and pricing information provided to Us by a Vendor.

  1. GRANT OF LICENSE. For the consideration You have paid for the Software and Data, You are granted a non-exclusive, non-transferable license to possess, use and display the Software and Data for the contracted number of users. You may not allow more than one person to share login names or passwords. To do so, constitutes a violation of this agreement and is strictly prohibited.
  2. OWNERSHIP OF SOFTWARE AND DATA. Except for Your licensed right to possess, use and display the Software and Data under the terms of this License, all title to and rights in the Software and Data remain with Us. We also own a prior right to and title in any copy, reproduction, enhancement, or derivative of the Software or Data made at any time, regardless of the form of or medium in which it exists, and regardless of whether the making of such copy, reproduction, enhancement or derivative was authorized by Us.
  3. RESTRICTIONS ON COPYING, REPRODUCTION AND CREATION OF ENHANCEMENT OR DERIVATIVES. By paying a license fee and taking possession of our Software and Data, You acknowledge that both are copyrighted under, and therefore protected by Federal law. You agree not to infringe or contribute to the infringement of Our copyright by copying, reproducing, enhancing or creating derivatives of our Software or Data, including any systems, programs, source or object codes, algorithms, codings, listings, designs, drawings, charts, models, video or audio tapes, specifications, guides, manuals, instructions or descriptions, of the Software or Data.
  4. RESTRICTIONS OF POSSESSION, USE AND DISPLAY. You may physically transfer the Software and Data from one computer unit to another, provided that the Software and Data are used by a licensed User. You may not electronically transfer the Software and Data from one computer unit to another over a network or other communication system where two or more users share the same Software or Data unless first being granted in writing by us a multi-User license and paying the appropriate license and monthly fee. You may not distribute copies, reproductions, or derivatives of the Software and Data to non licensed users. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create enhancements of or derivative works from the Software and Data.
  5. RESTRICTIONS ON TRANSFER. The Software and Data are licensed solely to You. Your License may not be transferred to anyone else without Our prior written consent. “Transfer” means any method of form of parting with the licensed rights in, custody of or control over the Software or Data, including, conveyance, delivery, gift, assignment, lease, sublicense, sale, bailment, pledge, hypothecation, legacy, inheritance, transfer by operation of law or other disposition, whether temporary or permanent, whether direct or indirect, whether voluntary or involuntary. Upon approval of any transfer by Us, the transferee shall have the benefits of and be bound by, terms of this License. Any unauthorized transferee of this agreement shall be considered an infringer of Our copyright and subject to all remedies provided by law and in equity.
  6. TERMINATION. Your License shall continue until a Terminating Event occurs. A “Terminating Event” occurs when You: (1) voluntarily give up Your License or when You violate any restriction on copying, reproduction, enhancement, or creation of a derivative (paragraph 3) or any restriction on possession, use and display (paragraph 4), (2) violate any restriction on transfer (paragraph 5), or (3) fail to pay Your monthly license, maintenance, and any other fee or charge. Upon the occurrence of a Terminating Event, this License shall terminate automatically and immediately without further notice. Within ten days of the occurrence of any Termination Event, You agree to return the Software and Data to Us at Your expense along with all copies, reproductions, enhancements and derivatives. You acknowledge that, notwithstanding the occurrence of a terminating event, You will not be entitled to a refund of any consideration paid for the Software or Data, including that portion comprising a license fee. Further, voluntary termination requires a 5 day written notice.
  7. REINSTATEMENT. If a terminating event occurs, reinstatement will occur by paying the then current licensing fee and any delinquent amounts due Mortech, Inc.
  8. CHANGES TO SOFTWARE, DATA AND AUTHORIZED USERS. This License Agreement allows You:
    1. A maximum of 5 User licenses.
    2. An unlimited number of Vendors to include in the Data.
    3. Management of up to 150 sales leads per month.
    We may make changes to the above limitations by providing You with 30 days advanced notice of such change. If You choose not to accept these changes You may terminate this License Agreement without notice.
  9. ENHANCEMENT POLICY. We may create, from time to time, enhanced versions of the Software and Data. This License does not automatically entitle you to receive enhanced Software or Data free of charge. At Our option, however, We will make our enhanced Software and Data available to You for a fee to be determined by Us. Subject to paragraph 8, any enhancements of our Software or Data shall be considered a derivative work and Your possession, use or display of it shall be governed by this License to the same extent as if it had been the original Software of Data.
  10. MODIFICATIONS. This license maybe modified by Us in conjunction with any enhancement of the Software or Data.
  11. SUBSCRIPTION.Mortech will provide rate information on our website(s) every business day for the Vendors You select. We agree to provide rates from Vendors as requested by You provided:
    1. You are current with your subscription payments to Us
    2. You have notified us that you wish to receive rate information from a specificvendor
    3. The Vendor(s) you select agree to furnish Interest rate data to us in an acceptable format (Excel, comma delimited, tab delimited, etc.) (NOTE: Mortech is the sole judge as to whether a format is acceptable.)
    4. You have a bona fide contract or agreement with the Vendor that specifically grants You all necessary authority to access such Vendor Information and Data. You shall immediately inform US in writing in the event that You no longer have the right to access such Vendor Information.
    Rates will be provided on a "Best Efforts" basis. We will make every reasonable effort to provide rates that are accurate and timely. Correction of any errors is the sole remedy and cure for any errors, delays or omissions.
  12. FEES. You agree to pay us a monthly fee of $150.00, in advance. This fee is payable through an automatic deduction through a credit card only. Your account will be charged on the first of each month for the then current month. If you wish to terminate this License Agreement you must notify us, in writing, at least 5 days prior to the first of the month. Any fees collected by Us will be non-refundable.

Limited Warranty, Disclaimers, and Limitations of Remedy
Mortech, Inc. warrants the software and physical documentation furnished to You to be free of defects in materials and workmanship for a period of thirty (30) days from the date of Your acquisition. Mortech, Inc.’s warranty is made solely to You and not to any transferee of Yours. If Mortech, Inc. receive’s a written warranty claim within ten (10) days of the end of the warranty period, and such defects are confirmed by Us to exist or to have occurred, Mortech, Inc. will replace the defective software or documentation at no cost to You within fifteen (15) days. All warranty claims should be sent to:

Mortech, Inc.
5960 South 57th Street
Lincoln, NE 68516

Replacement of defective software and documentation is Your sole and exclusive remedy in the event of a breach of warranty. In no event will We be liable for any damages to You or any other person in excess of the lower of suggested list price of actual consideration paid for the license to use the Software and Data, regardless of any form of claim. IN NO EVENT SHALL YOU HAVE ANY CLAIM FOR OR RIGHT TO RECOVER ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF OTHER SIMILAR CLAIMS, even if We have been specifically advised of the possibility of such damages. You assume the entire risk as to the results and performance of the Software and Data.

Except to the extent explicitly provided above, the Software and Data are provided “AS IS” without warranty of any kind, express or implied. THERE ARE NO OTHER WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. Further, We do not warrant, guarantee, of make any representations regarding the use, or the results of the use, of the Software or Data in terms of correctness, accuracy, currentness or otherwise. We specifically disclaim all other warranties, express or implied, including, but not limited to, any IMPLIED WARRANTY OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE. Specifically, We make no representation or warranty that the Software or Data are acknowledged not to be “Consumer products” with in the meaning of 15 U.S.C. 2301(3). Notwithstanding to the extent our disclaimer of any applicable state or Federal Law, such IMPLIED WARRANTY OF MERCHANTABILTY is limited to the thirty-day duration of the Limited Warranty covering the software and physical documentation only and the Software or Data, but is otherwise expressly and specifically disclaimed. The information in these materials has been obtained from sources, which are believed to be reliable, but cannot be guaranteed as to its accuracy or completeness, whether supplied as written material, magnetically or electronically, or by any other means.

This Limited Warranty gives You specific legal rights; You may have others, which may vary, from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on implied warranties, some of the above may not apply to You. This Limited Warranty, Disclaimer and Limitation of Remedy is, to the extent not controlled by Federal Law, governed by the laws for the State of Nebraska.

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More about Leadmark

“We designed Leadmark as a simple yet powerful solution for lenders looking to price and manage leads. By incorporating AllRegs’ guidelines into the new solution, we’re confident the system can be adopted by any sized organization. Mortgage professionals have enough hurdles today; Leadmark gives lenders the resiliency they need to maximize profits.”
- Don Kracl, president of Mortech

“Now more than ever, it is important to support small mortgage organizations and mortgage broker shops with business generation, and we believe that Leadmark is the next great resource in their toolkit. The small guys deserve the same powerful tools that large mortgage organizations have to do their business. Leadmark levels the playing field for the small mortgage banker and mortgage broker.”
- Dan Thoms, senior vice president of AllRegs


Additional Resources

Take a Peek
License/Warranty
Cancellation/Refund Policy (PDF)


Customer Support

Customer Service
Phone: (800) 848-4904
Fax: (651) 686-0906
Email: help@allregs.com


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