End User License Agreement


[ed. note: The following three paragraphs are intended for use during the installation process. They are included here only for your information. You need not click any buttons.]

READ THIS LICENSE AGREEMENT CAREFULLY.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE BOX LABELED "I ACCEPT" OR "YES, I AGREE..." THAT IS DISPLAYED BELOW.

IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED "CANCEL" AND THE SOFTWARE WILL NOT BE INSTALLED.

License Grant

"You" means the person or company being licensed to use the Software or Documentation. "We," "us" and "our" means Omnium Software Inc. "Software" refers to any software that may have accompanied this license, including any updates thereto. Any included software not owned or created by us remains the property of its owners and you may use it only under terms spelled out by its owners or (in the absence of another license) in a manner similar to that granted for our software.

We hereby grant you a nonexclusive license to use the Software, provided the Software is in use by only one person at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM).

If you regularly use more than one computer, you may use the Software on those computers, provided only one person at a time is using it. Similarly, if more than one person uses your computer, those persons may use the Software on your computer, provided only one person at a time is using it.

Title

We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").

Shareware

This Software is distributed as Shareware. This means that for a limited period of time (the Trial Period as defined on the web site and in the software) you may use the Software without charge. Under this arrangement, you are not required to send us any money until you are satisfied that the Software meets your needs. This eliminates the need for you to request, or for us to offer, a refund. You keep your money until you decide to keep using the software.

Registration Key

When you purchase a license to use the Software, we will provide you with a unique personal Registration Key that enables you to continue using the Software. This key identifies you as the owner of a license and it unlocks your copy of the Software.

You agree to protect the confidentiality of the Registration Key provided to you. You may not reveal the Registration Key to any other person, provide a copy of the Registration Key to any other person, or publish the Registration Key in any way. If you violate this provision, the Registration Key may become invalid and you may be liable for damages.

Archival or Backup Copies

You may copy the Software, Registration Key and Documentation for back up and archival purposes, provided that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

Things You May Do

Because the Software and Documentation are distributed as Shareware, you may:

  • Copy the Documentation, provided you do not modify it,

  • Copy the Software, provided you do not modify it,

  • Share unmodified and unregistered copies of the Software with others (although we recommend they get a fresh copy from our web site at www.OmniumSoftware.com),

  • Place unmodified and unregistered copies of the Software and Documentation onto a server so that it is accessible via a public network such as the Internet.

Things You May Not Do

The Software, Registration Key and Documentation are protected by United States copyright laws and international treaties. You must treat the Software, Registration Key and Documentation like any other copyrighted material--for example, a book. You may not:

  • Share the Registration Key with any other person,

  • Modify or adapt the Software or merge it into another program,

  • Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software, or

  • Sublicense, rent, lease or lend any portion of the Software, Registration Key or Documentation.

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Registration Key, the Software and Documentation, including all copies, updates and prior versions to such person or entity; that you retain no copies, including copies stored on computer; and that you notify us of the transfer and the name of the transferee.

Limited Warranty

We warrant that for a period of 90 days after delivery of this copy of the Software to you:

  • The files provided to you will be free from defects in materials and workmanship under normal use, and

  • The Software will perform in substantial accordance with the Documentation.


To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be for us to provide from our web site (www.OmniumSoftware.com) the most current update (including current bug fixes and other improvements) to the version of the Software that you licensed.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software, Registration Key and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software, Registration Key and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

General Provisions

  1. This written license agreement is the exclusive agreement between you and us concerning the Software, Registration Key and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

  2. This license agreement may be modified only by a writing signed by you and us.

  3. In the event of litigation between you and us concerning the Software, Registration Key or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

  4. This license agreement is governed by the laws of the State of Texas.

  5. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

  6. If we waive any violation by you of this license agreement, that shall not constitute nor contribute to a waiver by us of any other violation of this license agreement.

  7. If any provision of this license agreement is found by a court to be invalid, all other provisions of this license agreement will remain in effect.