PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT INSTALL THE SOFTWARE.
This is a legal agreement between you and Omni Technology Solutions Inc. ("Omni"). This Agreement states the terms and conditions upon which Omni offers to license the software in the disk package together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, “Riva” or the "Software").
LICENSE
1. Grant of Licence. The Software is licensed, not sold, to you for use only under the terms of this Agreement. If applicable, you own the disk or other media on which the Software is originally or subsequently recorded or fixed; but, as between you and Omni (and, to the extent applicable, its licensors), Omni retains all title to and ownership of the Software and reserves all rights not expressly granted to you.
2. For Use as Licensed Based on the Riva Licensing Wizard. Each Riva Module is licensed specifically against the Novell® eDirectory™ or GroupWise® objects that are defined in the licence file. You may install the Software and the Software may be used on as many workstations as required to support the Software in your environment.
3 No Merger or Integration. You may not merge any portion of the Software into, or integrate any portion of the Software with, any other program, except to the extent expressly permitted by the laws of the jurisdiction where you are located. Any portion of the Software merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included on the originals of the Software.
4. Transfer of Licence. This Agreement does not include the right to transfer your licence to any other location or to any other eDirectory or GroupWise system.
5. Limitations on Using, Copying, and Modifying the Software. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement.
6. Decompiling, Disassembling, or Reverse Engineering. You acknowledge that the Software contains trade secrets and other proprietary information of Omni and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software. In any event, you will notify Omni of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of Omni that may be used only in connection with the Software.
7. The licensee agrees to allow Omni Technology Solutions Group to use his/her name and/or company name and information in corporate testimonials that will appear in various media.
TERMINATION
The licence granted to you is effective until terminated. You may terminate it at any time by notifying Omni and returning the Software (including any portions or copies thereof) to Omni. The license will also terminate automatically without any notice from Omni if you fail to comply with any term or condition of this Agreement or Omni does not receive payment as per the purchase terms. You agree upon such termination to delete all instances of the Software from all storage media and return the Software (including any portions or copies thereof) to Omni. Upon termination, Omni may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of Omni will continue in force after termination.
LIMITED WARRANTY
Omni warrants, as the sole warranty, that the licence key that enables the Software to be operational as provided will be free of defects. No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or any other provisions of this Agreement. Any representation, other than the warranties set forth in this Agreement, will not bind Omni. Omni does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality, performance of the Software and its use. Should the Software prove defective, you (and not Omni, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction. This warranty gives you specific legal rights, and you may also have other rights which vary from country/province/state to country/province/state. Some countries/provinces/ states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Omni disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than Omni.
LIMITATION OF REMEDIES AND DAMAGES
IN NO EVENT WILL OMNI OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE AND ITS USE OR THIS AGREEMENT, EVEN IF Omni OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OMNI'S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. Some countries/provinces/states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PRODUCT RETURNS
PRODUCT RETURNS ARE NOT ACCEPTED AFTER 30 DAYS OF SHIPPING DATE.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Some countries/provinces/states have restrictive rights that relate specifically to software distribution. If this software is used or distributed in the United States, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are licensing or using the Software outside of the United States, you will comply with the applicable local laws of your country, U.S. export control law, and the English version of this Agreement.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Omni Technology Solutions Inc.
#1200 Bell Tower
10104 - 103 Street
Edmonton, Alberta
Canada T5J 0H8
780-423-4200 Phone
780-423-4711 Fax
GENERAL
This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived there from may be exported except in accordance with the laws of Canada or other applicable provisions. This Agreement is governed by the laws of the Province of Alberta (except to the extent federal law governs copyrights and federally registered trademarks) and any legal procedure undertaken as a result of this agreement shall be under the Jurisdiction of the Court of Queen’s Bench in the city of Edmonton, Alberta, Canada. This Agreement is the entire agreement between the parties. It supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect. For questions concerning this Agreement, please contact Omni at the address stated above. For questions on product or technical matters, contact the Omni partner, reseller or technical support centre nearest you.
