Omniscope Restricted EULA
End user licensing agreement
Omniscope free Viewers are perpetual, self-updating and free to re-distribute.
Below is the full text of the standard Omniscope End-User License Agreement (EULA).
Software Support is provided according to the terms of the Visokio Software Support Agreement.
END USER LICENSE AGREEMENT FOR VISOKIO SOFTWARE
SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.
1. GRANT OF LICENSE.
This Section of the EULA describes Your general rights to install and use the Software Product. The license rights described in this Section are subject to all other terms and conditions of this EULA.
General License Grant to Install and Use Software Product: You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analogue device ("Device") for a single user account. A license for the Software Product may not be shared. Unless Your Edition is enabled for system-wide activation, multiple users on either physical or virtual machines must have separate license keys for each activated user account on the machine. Omniscope keys can be de-activated on one machine and moved to another, but you may do this unassisted only three times, after which you may need to contact us to help you continue to move/re-activate the key. Please note that users and IT support staff must always de-activate Omniscope and recover the key before re-building a machine or re-formatting its hard drive. Uninstalling Omniscope is never required and does not de-activate the key on our servers. Un-activated or de-activated account installations will be fully-functional free Viewer Editions.
Alternative License Grant for Storage/Network Use: As an alternative to the rights granted in the previous section, You may install a copy of the Software Product on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software Product from other Devices over a private network, provided that You acquire and dedicate a license for the storage Device upon which the Software Product is installed and each user account on each separate Device from which the Software Product is accessed and used. A single license for the Software Product may not be used concurrently on different Devices.
Additional License Grant for Media Elements. The Software Product may include certain photographs, maps, clip art, animations, sounds, music and video clips (together "Media Elements"). If so, the following terms describe Your rights to the Media Elements:
You are not licensed to do any of the following:
• You may not sell, license or distribute copies of the Media Elements on a stand-alone basis or as part of any collection, product or service where the primary value of the product or service are the Media Elements.
• You may not use 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.
• You must indemnify, hold harmless, and defend Visokio from and against any claims or lawsuits, including attorneys' fees, that arise from or result from theuse or distribution of Media Elements as modified by You.
• You must include a valid copyright notice on Your products and services that include copies of the Media Elements.
• You may not permit third parties to distribute copies of the Media Elements except as part of Your product or service.
The Licenses granted under this EULA are non-exclusive. This EULA does not give You a license or right to distribute or sell the Software Product or any modification of it or to use the Software Product or any portion of it for assistance in the preparation for sale or distribution of any other computer program. This EULA does not grant a license or right to use the Software Product on any computer or computer system other than YOURS or to use the same Software Product license on different virtual or physical machines at more than one network or physical location.
Reservation of Rights. All rights not expressly granted are reserved by Visokio.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Commercial Publishing with the Software Product. A separate Commercial Publishing (CP) license may be required to format, distribute and refresh data-bearing IOK files to client organisations paying only for this service in numbers exceeding a fair-use cap that varies by Edition. You may also need a separate Commercial Publishing license to operate some types of multi-tenanted, remote-hosted SaaS services/platforms running Omniscope and delivering IOK files that open/refresh via the free Viewer. Each Omniscope Edition comes with a ‘fair-use’ allowance in terms of maximum paying organisations (not individuals) that can be served without an additional per-paying subscriber organisation charge.
Activation. You may not be able to exercise Your purchased rights to the Software Product under this EULA unless You regularly activate or refresh the activation for Your copies of the Software Product after the install and launch sequence.
Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
Not for Resale Software. If the Software Product is labelled "Not For Resale" or "NFR," then, notwithstanding other sections of this EULA, Your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and You may not resell, or otherwise transfer for value, the Software Product.
Limitations on Reverse Engineering, De-compilation, 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.
Separation of Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device unless expressly permitted by this EULA.
Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Visokio.
No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product without a separate Commercial Publishing license.
Support Services. Visokio may provide You with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Visokio policies and programs described in the accompanying "online" documentation, or in other Visokio-provided materials. Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Visokio may use technical information and data sets You provide to Visokio as part of the Support Services for its business purposes, including for product support and development, provided that Visokio will not utilize such technical information or data sets in any form that personally identifies You or the source of the data.
Software Transfer. Except as specified in this Section, the initial licensee of the Software Product may make a one-time permanent transfer of this EULA and Software Product only directly to an end user. This transfer must include all of the Software Product (including all component parts, the media and printed materials, any upgrades and this EULA). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and Software Product without express written permission of Visokio. All Evaluation Software Products are non-transferable.
Termination. Without prejudice to any other rights, Visokio may terminate this EULA if You fail to materially comply with the terms and conditions of this EULA and such failure is not remedied within 30 days. In such event, You must destroy all copies of the Software Product and all of its component parts.
Standard Software Product. If the Software Product is labelled as an upgrade or an update, You must be properly licensed to use the product identified by Visokio as being eligible for the upgrade/update in order to use the Software Product. A Software Product labelled as an upgrade/update replaces or supplements (and may disable) some or all of the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded/updated product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that You licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Device.
4. INTELLECTUAL PROPERTY RIGHTS.
All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated by Visokio into the Software Product), any accompanying text materials, and any copies of the Software Product are owned by Visokio or its suppliers and licensors.
The Software Product facilitates access to the open Internet and enables Internet-based content to be incorporated by reference and linking. All title and intellectual property rights in and to the content that is not contained in the Software Product as provided by Visokio, but may be made accessible and transferable by Your use of the Software Product is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content.
5. CONFIDENTIAL INFORMATION.
You shall treat the Software Product as trade secrets and proprietary know-how belonging to Visokio that is being made available to You in confidence solely on the basis of a confidential relationship between Visokio and You. You agree to hold the Software Product in trust and agree not to use, print, copy, provide, or otherwise make available, in whole or in part, any portion of a Software Product or modifications of it or related material except in accordance with this EULA. YOU agree that YOU will not reconstruct in whole or in part the object code, source code, or algorithms in the Software Product. You agree to treat the confidentiality of the Software Product with reasonable care, not less than that with which YOU treat YOUR own confidential or proprietary information. Visokio treatment of Your confidential information which may be provided to Visokio from time to time to enable technical support will be governed by the terms of a separate mutual Non-Disclosure Agreement.
6. APPLICABLE LAW.
Regardless of where you acquired this Software product, this EULA is governed by the laws of England.
7. LIMITED WARRANTY
LIMITED WARRANTY; Visokio warrants that the SOFTWARE PRODUCT 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 (90) 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 PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
8. 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 Visokio, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Visokio'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 10 below ("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 others which vary from state/jurisdiction to state/jurisdiction.
9. YOUR EXCLUSIVE REMEDY.
Visokio's and its suppliers' entire liability and your exclusive remedy shall be, at Visokio's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Visokio with a copy of your receipt. You will receive the remedy elected by Visokio without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Visokio). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Visokio are available without proof of purchase from an authorized source. To exercise your remedy, contact Visokio.
10. 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 (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISOKIO 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, EITHER 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 ACCURACY OR COMPLETENESS OR 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 SERVICES. 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.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISOKIO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF VISOKIO OR ANY SUPPLIER, AND EVEN IF VISOKIO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF VISOKIO AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY VISOKIO WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between You and Visokio relating to the Software Product 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 Product or any other subject matter covered by this EULA. To the extent the terms of any Visokio policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
By: Visokio Ltd