License Agreement

IMPORTANT - READ CAREFULLY
This Grant of License is a Legal Agreement (the "Agreement") between you and Omnis Software. By installing, copying, or otherwise using this Software Product, you agree to be bound by the terms of this Agreement. If you do not agree, DO NOT install or use this Software. Your serial number is shown on the back of the CD case. Please keep your serial number in a safe place since you'll need it when you start Omnis or contact Technical Support. 
Grant of License

Definitions
"Omnis Software" means Omnis Software Inc, Omnis Software Ltd., or Omnis Software GmbH. "Software" or "Software Product" means the specific Omnis development and deployment software on the enclosed CD-ROM, the associated documentation and any maintenance soft ware releases provided pursuant to the warranty or a support program. This Software is licensed, not sold. Omnis Software grants the purchaser ("Licensee") a non-exclusive license for the use of the Software as follows. Licensee may either: 

Individual Machine Usage:
(a) install the Software on multiple computers, any platform type, provided that those computers are used solely by the same individual at all times; or
(b) install the Software on a single computer which may be used by different users from time to time but not simultaneously. If the Software is to be used by more than one user under option (a) above or on more than one computer under option (b) above, Licensee must purchase or lease a number of copies (or a multi- user license representing multiple copies) of the Software equal to the number of users under option (a) or computers under option (b). 

Network Usage:
Licensee may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on other computers over a network; however, Licensee must acquire and dedicate a license for each separate computer on which the Software is installed or run from the storage device. A license for the Software may not be shared or used concurrently on different computers. 

Web Client Usage:
Licensee may deploy unlimited numbers of copies of the web client libraries for use with an Omnis runtime. The number of concurrent users of the web client libraries that can access the runtime is determined by the web serial number purchased.

Chargeable Deployment Types:
Within the guidelines described above, any deployment of Software is chargeable, regard- less of data file type or location, regardless of database publisher (e.g. Oracle, Sybase, etc).

Other Rights and Limitations

Special Pricing
Software marked NOT For Resale (NFR) or Promotional (Promo), not withstanding other sections of the legal agreement, may not be resold or otherwise transferred for value.

Separation of Components
The Software is licensed as a single product; the component parts may not be separated for use on more than one computer.

Rental
Licensee may not rent, lease or lend the Software.

Restricted Use
The Software contains copyrighted material, trade secrets and other proprietary material. Title and ownership of the Software and any related trademark, trade secrets or copyright in the Software are and shall remain the exclusive property of Omnis Software and its suppliers.
Licensee may not reverse engineer, decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law not with standing this limitation.

Transfer of Ownership
Licensee may permanently transfer all rights under this License Agreement, provided no copies are retained, Licensee transfers all of the Software (including all component parts, media, printed materials, any upgrades, the agreement that accompanied the Software) and the recipient agrees to the terms of the License Agreement. Omnis Software must be notified in writing of the transfer of ownership.

Termination
Without prejudice to any other rights, Omnis Software may terminate this License if Licensee fails to comply with the terms and conditions of this License or fails to fully pay for the Software as agreed to at the time of sale. In such event, all copies of the Software and all of its component parts must be destroyed.

Limited Warranty
Omnis Software warrants that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use for a period of 30 days from the date of the original purchase. Omnis Software will replace any media which fails to meet this limited warranty. If Omnis Software is unable to deliver a replacement which is free of defects in materials and workmanship within a reasonable period Licensee may terminate this Agreement by returning the Software together with proof of purchase for a full refund. This is Omnis Software's entire liability and your sole remedy in the event of media defect. Furthermore, Omnis Software hereby limits the duration of any implied warranties on the media to the period stated above.

EXCEPT AS PROVIDED ABOVE, THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS USED BY LICENSEE AT LICENSEE'S SOLE RISK AND IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. OMNIS SOFTWARE DOES NOT GUARANTEE, WARRANT OR MAKE ANY REPRESENTATION THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, OMNIS SOFTWARE DOES NOT GUARANTEE, WARRANT OR MAKE ANY REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Omnis Software OR AN AUTHORISED REPRESENTATIVE OF Omnis Software SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE LICENSEE (AND NOT Omnis Software OR ITS AUTHORISED REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability
In no event, including negligence, will Omnis Software or its directors, officers, employees or agents be liable to Licensee for indirect, special, incidental or consequential damages, including but not limited to any loss of data or business information or loss of profits, arising out of the use or inability to use the Software even if Omnis Software or an authorised representative thereof has been advised of the possibility of such damages. In no event shall Omnis Software's total liability hereunder for all damages, losses and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by licensee for the Software except that Omnis Software does not exclude any liability for death or personal injury arising from proven negligence. The Licensee shall indemnify Omnis Software against any claim for loss or damage of any kind suffered by a third party arising from the use by that third party of any application developed using the Software.

U.S. Government Restricted Rights
The Software is provided with Restricted Rights. Use, duplication or disclosure of the Software and accompanying documentation by the U.S. government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARs 252.227-7013; or in subparagraphs (c)(1) and (2) of the commercial Computer Software - Restricted rights clause at 48 CFR 52.227-19; or in the case of NASA, in Clause 18-55-227- 86(d) of the NASA Supplement to FAR, as applicable.

General
Licensee acknowledges having read and under- stood this Agreement and agrees to be bound by its terms and conditions. This Agreement is the entire agreement between Licensee and Omnis Software (including its dealers, distributors, agents and employees) concerning the subject matter of this Agreement and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of the Agreement. If you acquired this Software Product through Omnis Software located in the United States, this Agreement is governed by the laws of the State of California. If you acquired this Software Product through Omnis Software located in the United Kingdom, this Agreement is governed by the laws of the United Kingdom. If you acquired this Software Product through Omnis Software located in Germany, this Agreement is governed by the laws of Germany.