Article X - Use of MLS Publications and the Service Compilation
Section 10.2 Reproduction
No Participant or Subscriber may reproduce, by any mechanical, electronic or other means, any MLS Publication or any other manifestation of the Service Compilation, or any portion thereof, except in the following limited circumstances:
A Participant or any of its affiliated Subscribers may reproduce from an MLS Publication or from any other manifestation of the Service Compilation, and may distribute by any means to a prospective purchaser, lessee or tenant, a reasonable* number of single copies of property Listing data, information and Images, contained in the MLS Publication (or in such other manifestation of the Service Compilation) which relate to those Listed Properties in which the prospective purchaser, lessee or tenant has or may have, in the judgment of the Participant or any of its affiliated Subscribers, a bona fide interest.
Nothing contained in this Section 10.2 shall be construed to preclude a Participant from utilizing, displaying, distributing or reproducing property listing sheets or other compilations of data, information and Images pertaining exclusively to those Listed Properties as to which that Participant is the Listing Broker.
Any data, information or Image contained in the Service Compilation, whether in written or printed form, or whether provided electronically or in any other form or format, is for the exclusive use of the Participant and those Subscribers affiliated with the Participant who are authorized by the Service to have access to such data, information and Images. Such data, information and Images may not be transmitted, retransmitted or provided, in whole or in part, in any manner, to any individual or entity who or which is not a Participant, a Subscriber or a person otherwise specifically authorized to have access to the data, information or Images as and to the extent provided in this Article X.
None of the foregoing shall be construed to prevent any individual legitimately in possession of either “active” Listing information, “comparable” or “sold” information or statistical information from utilizing such information to support an estimate of value on a particular Listed property for a particular client. However, only such information as the Service shall have specifically deemed to be nonconfidential and necessary to support the estimate of value on that Listed property may be reproduced and attached to a report to the client as supporting documentation. Any other use of such information is unauthorized and prohibited.
*For purposes of determining what is a “reasonable” number of single copies of property Listing data, information and Images that a Participant and its affiliated Subscribers may properly reproduce and distribute to prospective purchasers or lessees of a Listed Property, the following considerations shall apply. It is intended that the Participant be permitted to provide prospective purchasers or lessees with Listing data, information and Images relating to Listed Properties which, in the good faith reasonable judgment of the Participant or its affiliated Subscribers, the prospective purchaser or lessee has a bona fide interest in purchasing or leasing or in which the Participant in good faith is seeking to promote interest. The term “reasonable” should therefore be construed to permit only limited reproduction and distribution of property Listing data, information and Images intended to facilitate the bona fide prospective purchaser’s, lessee’s or tenant’s decision making process in the consideration of a purchase or lease. Factors which shall be considered in deciding whether the reproductions and distributions made are consistent with this intent, and thus “reasonable” in number, shall include, but shall not be limited to, the total number of Listings in the Service Compilation, how closely the types of properties contained in such Listings accord with the prospective purchaser’s, lessee’s or tenant’s expressed desires and ability to purchase, lease or rent, whether the reproductions and distributions were made on a selective basis, and whether the types of properties contained in the property Listing data, information and Images provided are consistent with a normal selection of properties which would be shown to such a prospective purchaser, lessee or tenant.
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