Document Manager Installation|
I. Omnistar eTools Install version (If software is installed on user's computer)
1. GENERAL SOFTWARE LICENSE
Each Software package purchased under this Agreement is licensed as a single product intended to be run under one domain name and in one directory. If the would like to run the software on multiple domains you must purchase a separate license for each domain. You may not distribute copies of the Software or any accompanying written materials to others, in an altered or original state.
You may not copy any written materials accompanying the Software without express written authorization from Omnistar Interactive, LLC The Software (including but not limited to any images, photographs, animations, audio, music, text, and anything incorporated into the Software) is owned by Omnistar Interactive, LLC or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, You must treat the Software like any other copyrighted material. Proofs of infringement of copyright violations include but are not limited to similar code style and structures, similar layout and design, similar database design, and containing parts of the original Software source code. You may be held legally responsible for any infringement that is caused or encouraged by your failure to comply with the licensing provisions of this Agreement. Upon purchasing the Omnistar software, you are obligated to comply with this license agreement and any noncompliance will subject you to legal action.
In consideration of payment of the license fee, which is part of the price of the Software, Omnistar Interactive, LLC grants to You the nonexclusive right to use the software for company/organizational/personal use. You may use the Software and/or code generated by any eTools software component under only one domain that is owned, operated and is controlled by your REGISTERED LICENSED company, organization or personal identity. You are bound to this Agreement during Your entire possession time span of this Software, in its original or altered state. Omnistar reserves the rights to suspend, revoke or terminate your license to use the software if these terms are violated. See section 6 which discusses the License Agreement for termination procedures.
The trademarks, logos and service marks ("Marks") displayed on this Site; Software and any accompanying written materials are the property of Omnistar or other third parties. You are not permitted to use the Marks without the prior written consent of Omnistar or such third party that may own the Marks.
2. WARRANTY / DISCLAIMER INFORMATION
UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND Omnistar Interactive, LLC, ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Omnistar Interactive, LLC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS AT, REFERENCED BY, OR LINKED TO THIS SITE. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS AND PERFORMANCE OF THE SOFTWARE. ANY REFERENCES TO CORPORATIONS AND/OR LIMITED LIABILITY COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL Omnistar Interactive, LLC OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF OTHER MATERIALS, LOSS OF PROFITS, BUSINESS OR OTHER WORK INTERRUPTION, OR ANY OTHER PECUNIARY LOSSES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE INFORMATION, SOFTWARE OR OTHER MATERIALS OBTAINED FROM USING THIS SOFTWARE OR FROM THE PERFORMANCE OR LACK OF PERFORMANCE OF THIS SOFTWARE. HAS NO LIABILITY FOR ERRORS OR OBLIGATION TO UPDATE Omnistar Interactive, LLC SOFTWARE WHICH COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; Omnistar Interactive, LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND ANY OTHER PRODUCT(S) OR PROGRAM(S) DESCRIBED ON OUR SITE AT ANY TIME. Omnistar Interactive, LLC HAS NO OBLIGATION TO NOTIFY YOU OF ANY CHANGES OF THE SOFTWARE OR ANY OTHER PRODUCTS OR PROGRAMS. THESE CHANGES WILL BE INCORPORATED IN SOFTWARE AT Omnistar Interactive, LLC' SOLE DISCRETION.
In no event shall Omnistar Interactive, LLC's total liability to you for any and all damages, losses, and causes of action arising from or connected in anyway with this Agreement (including without limitation liability in contract, tort or under any other legal theory) ever exceed the INITIAL amount paid by You for the Software. INITIAL amount is defined as the first payment to purchase the software and DOES NOT include other fees incurred there after. This shall constitute Your sole and exclusive remedy.
4. RENEWAL (If did not purchase buy-out version)
License Renewal (Only applies to Omnistar Live Support Software)
Upon 1 year AFTER the initial Omnistar Live software purchase date, an annual Software License renewal fee (posted on the website and subject to change without notice) will be issued for your continued usage of the Software for the following year. Your license will need to be renewed on a regular yearly basis for continued Software usage. Failure to renew will result in termination of this License and you will be subject to the Termination guidelines set forth in this Agreement. Failure to comply will result in legal actions. You should understand that the software will no longer work after 1 year if you brought the annual license.
This License Agreement shall be construed, interpreted and governed by the laws of the State of Maryland without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Baltimore Maryland in proximity to Baltimore, Maryland, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Omnistar Interactive, LLC has the right to modify this agreement with each new release of the Software. You have the right to waive the modifications and opt to abide by the previous Agreement and choose not to accept the new Software release and the modified License Agreement where ever indicated. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall remain in full force and effect and shall be interpreted so as to reasonably affect the intention of the parties. Then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
This Agreement is effective IMMEDIATELY upon Your Software download and Software transfer from Omnistar Interactive, LLC's servers to your computer. Unless terminated sooner by Omnistar Interactive, LLC, any license granted by this Agreement terminates in accordance with the method and timeframes specified . Without prejudice to any other rights, Omnistar Interactive, LLC may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, You must immediately delete all copies and instances of Omnistar Interactive, LLC's Software(s) from your possession within 24 hours of Omnistar Interactive, LLC's License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN.
For all Omnistar Etools install products NO REFUNDS WILL BE GIVEN AFTER 30 days of purchase of the product.
7. RESELLING OMNISTAR ETOOLS
8. LINKS TO THIRD PARTY SITES
10. SERVICE CONTACT