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Software Disclaimer and End-User License Agreement (EULA)
READ CAREFULLY BEFORE DOWNLOADING, USING OR INSTALLING SOFTWARE
IMPORTANT-READ CAREFULLY: This OMIT End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and OMIT Inc. for the OMIT software product identified above, which includes computer software and associated media and printed materials, and may include 'online' or electronic documentation ('SOFTWARE PRODUCT' or 'SOFTWARE'). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following non-exclusive rights:
* Software Product. You may install and use the enclosed SOFTWARE PRODUCT on your computers to manage your business operations and/or process any data within the scope of the SOFTWARE PRODUCT.
2. COPYRIGHT.
All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and 'applets' incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by OMIT or its suppliers. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse- engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Rental. You may not rent or lease the SOFTWARE PRODUCT.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
* Termination. Without prejudice to any other rights, OMIT 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 PRODUCT and all of its component parts.
4. EXPORT RESTRICTIONS.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the
SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. or Canadian regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or the Export and Excise Department of the Canada Customs and Revenue Agency, or such other governmental entity as may have jurisdiction over such export or transmission.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 252.227-19, as applicable. Manufacturer is Office Mate International Technologies, Inc. (OMIT) 253 North Jackson, St, Indiana, 46041.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Indiana.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise hereunder in the courts located in the Judicial District of Ottawa, Province of Ontario.
If this product was acquired outside the United States, local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact OMIT for any reason, please contact OMIT at 253 North Jackson St., Frankfort, IN, 46041
NO WARRANTIES.
To the maximum extent permitted by applicable law, OMIT expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided 'as is' without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY.
OMIT's entire liability and your exclusive remedy under this EULA shall not exceed five dollars (US$5.00).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall OMIT or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this OMIT product, even if OMIT has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
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