End user agreement for Omega Enterprise Manager
Omega Enterprise Manager 1.9
Copyright 2004-2007 Omega Informatix .Inc
End User License Agreement for this software
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
PLEASE REVIEW THIS IMPORTANT INFORMATION CAREFULLY BEFORE USING OR DISTRIBUTING OMEGA INFORMATIX SOFTWARE: Ensure you read and fully comprehend all of the rights and restrictions described in this Omega Informatix License Agreement. You will be prompted to read and either agree or reject the terms of the End User License Agreement (EULA). Our software will not install on your system until you agree to the terms of this EULA.
This agreement is legally binding between you (an individual, corporation, group or a single entity) and Omega Informatix in regards to the software accompanying this agreement, which includes the associated computer software, and may include related media, printed items and any "online" or electronic documents. ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT USE OR DISTRIBUTE THIS PRODUCT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND OMEGA INFORMATIX
1. Issuance of License
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This software is not sold to you, rather you are granted a license to use it on the following basis:
Evaluation Period: You are permitted to use the software for evaluation purposes fifteen (15) days. If you purchase a license to the software during that time your license will continue under the terms of this EULA for a one year period. If you do not buy the software license before the fifteen days has expired, the software will no longer function and you agree to uninstall the software and fully remove it and all its components from your computer.
USE OF THE PRODUCT. While you are evaluating the Product, you may use it on as many computers as are required to perform your evaluation. Your 15-day evaluation period begins when you first install the Product on one or more computers for evaluation purposes. You must not (a) defeat, or try to defeat, messages in the product which encourage users to register; (b) modify or prepare derivative works of the Product; (c) or reverse engineer, decompile or disassemble the Product.
If you do not to purchase a license you are required to terminate the use of the software and remove it from your computer.
- You can "run" and execute one copy of the software on a single computer for your own interaction and use.
- All rights not expressly granted are reserved by Omega Informatix.
2. Restrictions of License:
- Each software product has a copyright notice attached to it, you must keep that intact and present
- You may not copy, reproduce or replicate the software in any way.
- You may not decompile, disassemble or reverse engineer the software in any way, shape or form.
- The software may not be loaned, lent, leased or rented.
- Omega Informatix will grant you a one-time, permanent transfer of the software license to another party so long as you don’t keep any copies, you transfer all of the software and any constituent parts, any media and printed documentation, upgrades, this EULA and any other pertinent documents (electronic or printed). You may not receive any compensation or payment for the transfer and the recipient agrees to the terms and conditions of the EULA.
- To the discretion of Omega Informatix, we may provide you with support services for the software. Our support services are governed by our "Policies and Procedures" as outlined at our. If we provide you with any update during our support, it is to be considered part of the software and subject to the terms of this EULA. Any information you supply to us during a support session becomes the intellectual property of Omega Informatix for us to use as we see fit, but your personally identifying information will not be used.
- Other than yourself, your agents or employees, you shall not allow anyone else access to or use of the software. Any such use is subject to the terms of this EULA.
3. Software Modification, Replacement and Upgrade
Omega Informatix reserves the right to, at anytime, modify, replace and/or upgrade the software and will at that time provide you with a modified or replacement copy of the software. If any replacement software is provided it is subject to this EULA or a superceded EULA. Any prior versions of the software are to be terminated.
4. License Fees
You understand and agree that you are accountable to buy a license fee to Omega Informatix to use the software past the evaluation period. You will pay us or a retailer the specified amount, and applicable taxes, for a license subscription.
All title and copyrights in and to the software (including animations, music, images, text, and any other media, code, or components of or associated with the software), any associated print or electronic documentation, and copies of any of these are owned by Omega Informatix. All title and intellectual property rights in and to the content which may be accessed through use of the software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. You are not granted any rights to use such content. You may print out one copy of the documentation for this software for your sole use and reference, but you may not reproduce or make additional copies.
If it is determined that you have failed to adhere to the terms and conditions of this EULA, Omega Informatix may terminate this EULA without prejudice to any other rights. During the course of your subscription, Omega Informatix may have modifications to the EULA and inform you of the updated EULA, if so, the older EULA will be terminated and substituted for the updated one. If a situation arises where Omega Informatix informs you that the EULA is terminated, you must cease all use of the software, remove all copies and components of the software from your computer and destroy them.
7. U.S. Government Restricted Rights
All software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
8. Export Restrictions
You agree that you will in no way, shape or form export or re-export this software or any component of it or any process or service associated with the software to any person, party, entity or country.
9. Disclaimer of Warranties
OMEGA INFORMATIX AND ITS SUPPLIERS DISPENSE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
10. Exclusion of all Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMEGA INFORMATIX OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OMEGA INFORMATIX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Governing Law
If you acquired the software in the United States of America, the laws of the State of Washington, U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.