This copy of OmniIndex AI File Analytics Platform ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. OmniIndex Incur its subsidiaries, affiliates, and suppliers (collectively "OmniIndex") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement("Agreement").Acceptance You ACCEPT AND AGREE TO BE BOUND BY THETERMS OF THIS AGREEMENTBY SELECTING THE "ACCEPT" OPTION ANDDOWNLOADING THE SOFTWAREPRODUCT OR BY INSTALLING, USING, OR COPYING THESOFTWARE PRODUCT.YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFOREYOUWILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOTAGREE TO ALLOF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT"DECLINE" AND YOU MUSTNOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT. License Grant This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for there installation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product. For further information regarding multiple copy licensing of the Software Product, please contact:
Restrictions on Transfer Without first obtaining the express written consent of OmniIndex, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
Disclaimer of Warranties and Limitation of Liability UNLESS OTHERWISE EXPLICITLY AGREED TOIN WRITING BY OMNIINDEX, OMNIINDEX MAKES NO OTHER WARRANTIES, EXPRESS ORIMPLIED, IN FACTOR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIESOFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN ASSET FORTH INTHIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTSPROVIDED WITH THE SOFTWAREPRODUCT.
UNDER NO CIRCUMSTANCES SHALL OMNIINDEX, ITS DIRECTORS,OFFICERS,EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FORINDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARYDAMAGES OF ANY KIND(INCLUDING LOST REVENUES OR PROFITS OR LOSSOF BUSINESS) RESULTING FROM THISAGREEMENT, OR FROM THEFURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THESOFTWAREPRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OFWARRANTY, OR THENEGLIGENCE OF OMNIINDEX OR ANY OTHER PARTY,EVEN IF OMNIINDEX IS ADVISEDBEFOREHAND OF THE POSSIBILITY OF SUCHDAMAGES. TO THE EXTENT THAT THE APPLICABLEJURISDICTION LIMITSOMNIINDEX'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES,THISDISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do nonincluded malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by OmniIndex to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold OmniIndex harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs This Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions. Severability If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws. Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of OmniIndex. OmniIndex reserves the right to substitute a functionally equivalent copy of the Software Product as are placement. If OmniIndex is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.