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EULA - END-USER LICENSE AGREEMENT FOR OMEGA MAGNUS CORP.
( OMEGAWARE.COM ) SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License
Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and Omega
Magnus Corporation for the Omega Magnus software that
accompanies this EULA, which includes associated media
and Omega Magnus Internet-based services ("Software").
An amendment or addendum to this EULA may accompany the
Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO
NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE;
YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL
REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. Omega Magnus grants you the
following rights provided that you comply with all terms
and conditions of this EULA:
1.1 Installation and use. You may:
(a) Install and use a copy of the Software on one
personal computer or other device for exclusive use of
the primary user of the device or computer.
1.2 Alternative Rights for Storage/Network Use. As an
alternative to Section 1.1(a), you may install a copy of
the Software on a network storage device, such as a
server computer, and allow one access device, such as a
personal computer, to access and use that licensed copy
of the Software over a private network. You must obtain
a license to the Software for each additional device
that accesses and uses the Software installed on the
network storage device, except as permitted by Section
1.4 of this EULA.
1.3 License Grant for Remote Desktop. You may use remote
access technologies, such as the Remote Desktop features
in Microsoft Windows, NetMeeting, MyPC, Logmein, VNC and
other related services to access and use your licensed
copy of the Software, provided that only the primary
user of the device hosting the remote desktop session
accesses and uses the Software with a remote access
device. These remote desktop rights do not permit you to
use the Software on both the device hosting the remote
desktop session and the access device at the same time.
1.4 License Grant for Remote Assistance. You may permit
any device to access and use your licensed copy of the
Software for the sole purpose of providing you with
technical support and maintenance services.
1.5 License Grant for Media Elements. The Software may
include certain photographs, clip art, shapes,
animations, sounds, music and video clips that are
identified in the Software for your use (together "Media
Elements"). You may not copy and modify the Media
Elements, and license, display and distribute them,
including any of the following:
* You may not sell, license or distribute copies of the
Media Elements by themselves or as part of any
collection, product or service if the primary value of
the product or service is in the Media Elements.
* You may not grant customers of your product or service
any rights to license or distribute the Media Elements.
* You may not license or distribute any of the Media
Elements that include representations of identifiable
individuals, governments, logos, initials, emblems,
trademarks, or entities for any commercial purposes or
to express or imply any endorsement or association with
any product, service, entity, or activity.
* You may not create obscene or scandalous works, as
defined by federal law at the time the work is created,
using the Media Elements.
In addition, you must (a) indemnify and defend OMEGA
MAGNUS Corp. from and against any claims or lawsuits,
including attorneys' fees that arise from or result from
the licensing, use or distribution of Media Elements as
modified by you, and (b) include a valid copyright
notice on your products and services that include the
Media Elements.
1.6 License Grant for Documentation. The documentation
that accompanies the Software is licensed for internal,
non-commercial reference purposes only.
1.7 License Grant for Templates. The Software may
include document templates. You may copy and modify the
document templates available as part of the Omega Magnus
software that accompanies this EULA and distribute such
templates along with your modifications for use by other
licensees of the Software. You are not licensed to do
any of the following:
* You may not sell, resell, license, rent, lease, lend,
or otherwise transfer for value, the templates.
* You may not distribute the templates available via
Internet-based services as part of any product or
service.
* You may not copy or post any templates available
through Internet-based services on any network computer
or broadcast it in any media.
You must indemnify and defend Omega Magnus against any
claims or lawsuits, including attorney(s) fees, which
may arise from or result from the licensing or
distribution of the templates as modified by you.
2. Mandatory Activation. THERE ARE TECHNOLOGICAL
MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT
UNLICENSED USE OF THE SOFTWARE. You may not be able to
exercise your rights to the Software under this EULA
after a finite number of product launches unless you
activate your copy of the Software in the manner
described during the launch sequence. You may also need
to reactivate the Software if you modify your computer
hardware or alter the Software. Omega Magnus will use
those measures to confirm you have a legally licensed
copy of the Software. If you are not using a licensed
copy of the Software, you are not allowed to install the
Software or future Software updates. Omega Magnus will
not collect any personally identifiable information from
your device during this process. You may not attempt to
gain unauthorized access to any part of the program
considered by Omega Magnus corp. as "employee only
areas" use of such areas or any attempt to do the
following, override software security, access the code
directly, decompile or reengineer the code, modify the
code, change or remove parts of the code, copy code and
use code elsewhere or on other programs is forbidden.
2.3 Internet-Based Services. You may not use any Omega
Magnus Internet-based services associated with the
Software in any manner that could damage, disable,
overburden, or impair such services or interfere with
any other party's use and enjoyment of them. You may not
attempt to gain unauthorized access to any service,
account, computer systems or networks associated with
the Internet-based services.
2.5 Report-Writing Runtime Software Limitations. The
Software may contain report-writing runtime software
("Runtime Software"). Other than use with the Software,
you may not use the Runtime Software with any other
software application nor use the Runtime Software as
part of any process or system that is used to
automatically deliver, share or distribute documents or
other work created using the Runtime Software.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Omega Magnus
reserves all rights not expressly granted to you in this
EULA. The Software is protected by copyright and other
intellectual property laws and treaties. Omega Magnus or
its suppliers own the title, copyright, and other
intellectual property rights in the Software. The
Software is licensed, not sold. This EULA does not grant
you any rights to trademarks or service marks of Omega
Magnus.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION,
AND DISASSEMBLY. You may not reverse engineer,
decompile, or disassemble the Software, except and only
to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
5. NO RENTAL/LEASE. You may not rent, lease, lend or
provide access to this Software through a hosting
service.
6. CONSENT TO USE OF DATA. You agree that Omega Magnus
and its affiliates may collect and use technical
information gathered as part of the product support
services provided to you, if any, related to the
Software. Omega Magnus may use this information solely
to improve our products or to provide customized
services or technologies to you and will not disclose
this information in a form that personally identifies
you.
7. LINKS TO THIRD PARTY SITES. Omega Magnus is not
responsible for the contents of any third-party sites or
services, any links contained in third-party sites or
services, or any changes or updates to third-party sites
or services. Omega Magnus is providing these links and
access to third-party sites and services to you only as
a convenience, and the inclusion of any link or access
does not imply an endorsement by Omega Magnus of the
third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to
updates, supplements, add-on components, or
Internet-based services components, of the Software that
Omega Magnus may provide to you or make available to you
after the date you obtain your initial copy of the
Software, unless they are accompanied by separate terms.
Omega Magnus reserves the right to discontinue
Internet-based services provided to you or made
available to you through the use of the Software.
9. UPGRADES. To use Software identified as an upgrade,
you must first be licensed for the software identified
by Omega Magnus as eligible for the upgrade. After
installing the upgrade, you may no longer use the
original software that formed the basis for your upgrade
eligibility, except as part of the upgraded software.
10. NOT FOR RESALE / BETA SOFTWARE. Software identified
as "Not for Resale", "Beta" may not be sold or otherwise
transferred for value, or used for any purpose other
than demonstration, test or evaluation.
12. EXPORT RESTRICTIONS. You acknowledge that the
Software is subject to U.S. export jurisdiction. You
agree to comply with all applicable international and
national laws that apply to the Software, including the
U.S. Export Administration Regulations, as well as
end-user, end-use, and destination restrictions issued
by U.S. and other governments.
13. SEPARATION OF COMPONENTS. The Software is licensed
as a single product. Its component parts may not be
separated for use on more than one device.
14. SOFTWARE TRANSFER. You may transfer your copy of the
Software to a different device. After the transfer, you
must completely remove the Software from the former
device. Transfer to Third Party. If you are the person
who initially licensed the Software, you may make a
one-time permanent transfer of this EULA, Software and
Certificate of Authenticity (if applicable) to another
end user, provided that you do not retain any copies of
the Software. This transfer must include all of the
Software (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). The
transfer may not be an indirect transfer, such as a
consignment, lease, or lend. Prior to the transfer, the
end user receiving the Software must agree to all the
EULA terms.
15. TERMINATION. Without prejudice to any other rights,
Omega Magnus may terminate this EULA if you fail to
comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the Software
and all of its component parts.
16. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND
CANADA.
Omega Magnus warrants that the Software will perform
substantially in accordance with the accompanying
materials for a period of ninety (90) days from the date
of receipt.
If an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law
prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED
DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY
DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY
PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on
how long an implied warranty or condition lasts, so the
above limitation may not apply to you.
Any supplements or updates to the Software, including
without limitation, any (if any) service packs or hot
fixes provided to you after the expiration of the ninety
day Limited Warranty period are not covered by any
warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER
DAMAGES. Your exclusive remedy for any breach of this
Limited Warranty is as set forth below. Except for any
refund elected by Omega Magnus, YOU ARE NOT ENTITLED TO
ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, if the Software does not meet Omega Magnus's
Limited Warranty, and, to the maximum extent allowed by
applicable law, even if any remedy fails of its
essential purpose. The terms of Section 18 ("Exclusion
of Incidental, Consequential and Certain Other Damages")
are also incorporated into this Limited Warranty. Some
states/jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
This Limited Warranty gives you specific legal rights.
You may have other rights which vary from
state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE
REMEDY. Omega Magnus's and its suppliers' entire
liability and your exclusive remedy for any breach of
this Limited Warranty or for any other breach of this
EULA or for any other liability relating to the Software
shall be, at Omega Magnus's option from time to time
exercised subject to applicable law, (a) return of the
amount paid (if any) for the Software, or (b) repair or
replacement of the Software, that does not meet this
Limited Warranty and that is returned to Omega Magnus
with a copy of your receipt. You will receive the remedy
elected by Omega Magnus without charge, except that you
are responsible for any expenses you may incur (e.g.
cost of shipping the Software to Omega Magnus). This
Limited Warranty is void if failure of the Software has
resulted from accident, abuse, misapplication, abnormal
use or a virus. Any replacement Software will be
warranted for the remainder of the original warranty
period or thirty (30) days, whichever is longer, and
Omega Magnus will use commercially reasonable efforts to
provide your remedy within a commercially reasonable
time of your compliance with Omega Magnus's warranty
remedy procedures. Outside the United States or Canada,
neither these remedies nor any product support services
offered by Omega Magnus are available without proof of
purchase from an authorized international source. To
exercise your remedy, contact: Omega Magnus, Attn. Omega
Magnus Support Center/11037 Warner Ave #202/Fountain
Valley, CA 92708, or the Omega Magnus subsidiary serving
your country, or where you purchased the software from
the internet.
17. DISCLAIMER OF WARRANTIES. The Limited Warranty that
appears above is the only express warranty made to you
and is provided in lieu of any other express warranties
or similar obligations (if any) created by any
advertising, documentation, packaging, or other
communications. Except for the Limited Warranty and to
the maximum extent permitted by applicable law, Omega
Magnus and its suppliers provide the Software and
support services (if any) AS IS AND WITH ALL FAULTS, and
hereby disclaim all other warranties and conditions,
whether express, implied or statutory, including, but
not limited to, any (if any) implied warranties, duties
or conditions of merchantability, of fitness for a
particular purpose, of reliability or availability, of
accuracy or completeness of responses, of results, of
workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the Software, and the
provision of or failure to provide support or other
services, information, software, and related content
through the Software or otherwise arising out of the use
of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION
OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE SOFTWARE.
18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL OMEGA MAGNUS OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND
RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE
ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA,
EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY OF OMEGA MAGNUS OR ANY
SUPPLIER, AND EVEN IF OMEGA MAGNUS OR ANY SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any
reason whatsoever (including, without limitation, all
damages referenced herein and all direct or general
damages in contract or anything else), the entire
liability of Omega Magnus and any of its suppliers under
any provision of this EULA and your exclusive remedy
hereunder (except for any remedy of repair or
replacement elected by Omega Magnus with respect to any
breach of the Limited Warranty) shall be limited to the
greater of the actual damages you incur in reasonable
reliance on the Software up to the amount actually paid
by you for the Software or US$5.00. The foregoing
limitations, exclusions and disclaimers (including
Sections 16, 17 and 18) shall apply to the maximum
extent permitted by applicable law, even if any remedy
fails its essential purpose.
20. U.S. GOVERNMENT LICENSE RIGHTS. All Software
provided to the U.S. Government pursuant to
solicitations issued on or after December 1, 1995 is
provided with the commercial license rights and
restrictions described elsewhere herein.
21. APPLICABLE LAW. If you acquired this Software in the
United States, this EULA is governed by the laws of the
State of California. If you acquired this Software in
Canada, unless expressly prohibited by local law, this
EULA is governed by the laws in force in the Province of
Ontario, Canada; and, in respect of any dispute which
may arise hereunder; you consent to the jurisdiction of
the federal and provincial courts sitting in Toronto,
Ontario. If you acquired this Software in the European
Union, Iceland, Norway, or Switzerland, then local law
applies. If you acquired this Software in any other
country, then local law may apply.
22. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including
any addendum or amendment to this EULA which is included
with the Software) is the entire agreement between you
and Omega Magnus relating to the Software and the
support services (if any) and they supersede all prior
or contemporaneous oral or written communications,
proposals and representations with respect to the
Software or any other subject matter covered by this
EULA. To the extent the terms of any Omega Magnus
policies or programs for support services conflict with
the terms of this EULA, the terms of this EULA shall
control. If any provision of this EULA is held to be
void, invalid, unenforceable or illegal, the other
provisions shall continue in full force and effect.
The following OMEGA MAGNUS GUARANTEE applies to you if
you acquired this Software in any other country:
Statutory rights not affected - The following guarantee
is not restricted to any territory and does not affect
any statutory rights that you may have from your
reseller or from Omega Magnus if you acquired the
Software directly from Omega Magnus. If you acquired the
Software or any support services in Australia, New
Zealand or Malaysia, please see the "Consumer rights"
section below.
The guarantee - The Software is designed and offered as
a general-purpose software, not for any user's
particular purpose. You accept that no Software is error
free and you are strongly advised to back-up your files
regularly. Provided that you have a valid license, Omega
Magnus guarantees that a) for a period of 90 days from
the date of receipt of your license to use the Software
or the shortest period permitted by applicable law it
will perform substantially in accordance with the online
help and built in instructions that included inside the
Software; and b) any support services provided by Omega
Magnus shall be substantially as described in applicable
under this EULA provided to you by Omega Magnus and
Omega Magnus support engineers will use reasonable
efforts, care and skill to solve any problem issues. In
the event that the Software fails to comply with this
guarantee, Omega Magnus will either (a) repair or
replace the Software or (b) return the price you paid.
This guarantee is void if failure of the Software
results from accident, abuse or misapplication. Any
replacement Software will be guaranteed for the
remainder of the original guarantee period or 30 days,
whichever period is longer. You agree that the above
guarantee is your sole guarantee in relation to the
Software and any support services.
Exclusion of All Other Terms - To the maximum extent
permitted by applicable law and subject to the guarantee
above, Omega Magnus disclaims all warranties, conditions
and other terms, either express or implied (whether by
statute, common law, collaterally or otherwise)
including but not limited to implied warranties of
satisfactory quality and fitness for particular purpose
with respect to the Software and the written materials
that accompany the Software. Any implied warranties that
cannot be excluded are limited to 90 days or to the
shortest period permitted by applicable law, whichever
is greater.
Limitation of Liability - To the maximum extent
permitted by applicable law and except as provided in
the Omega Magnus Guarantee, Omega Magnus and its
suppliers shall not be liable for any damages whatsoever
(including without limitation, damages for loss of
business profits, business interruption, loss of
business information or other pecuniary loss) arising
out of the use or inability to use the Software, even if
Omega Magnus has been advised of the possibility of such
damages. In any case Omega Magnus's entire liability
under any provision of this Agreement shall be limited
to the amount actually paid by you for the Software.
These limitations do not apply to any liabilities that
cannot be excluded or limited by applicable laws.
Should you have any questions concerning this EULA, or
if you desire to contact Omega Magnus for any reason,
please use the address information enclosed in this
Software to contact the Omega Magnus subsidiary serving
your country or visit Omega Magnus on the World Wide Web
at www.magnusware.com.
23. Support Services:
Free support services is provided in a Discussion Forum
at:
http://magnusware.com/Support.htm
All other support services in many cases you may be
charged for using them. Such as the help tickets and
live support.
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