Omega Technology Terms of Service
OMEGA TECHNOLOGY – Terms Of Service Agreement.
1. Introduction (V600.42)
This Terms of Service Agreement (“TOS”) is a legal agreement between you (either an individual or Company, or a single entity) and OMEGA TECHNOLOGY COMPANY.
The SOFTWARE PRODUCT includes computer software, and may include associated media, printed materials, and “online” or electronic documentation. The SOFTWARE PRODUCT also includes any fixes, releases, upgrades, new versions, or enhancements that may subsequently be issued to you. By purchasing, installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this TOS.
2. Software Product License
The SOFTWARE PRODUCT is protected by copyright laws and international copyright Treaties, as well as other intellectual property laws and treaties. OMEGA TECHNOLOGY SYSTEMS retains copyright to the Product.
3. Software Product
The SOFTWARE PRODUCT is licensed, not sold. The term “COMPUTER” as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.
4. Grant of License
This TOS grants you the following rights: Software Installation and Use OMEGA TECHNOLOGY hereby grants you a single, non-exclusive, non-transferable license to use one copy of the SOFTWARE PRODUCT in accordance with the terms and conditions of the TOS. Any rights not expressly granted are reserved. Where the SOFTWARE PRODUCT is to be used at different geographical locations, or used with a different a database file (Data File), then a separate license is required for each location or database file. Where the SOFTWARE PRODUCT is to be used on the same Local Area Network (LAN) by multiple users with different computers, Omega Technology grants that no additional licenses are required by these computers once they are to access the same database file (Data File) on the same LAN. Omega Technology provides detailed software documentation which can be freely distributed in paper or electronic form.
5. Training Workbook
Omega Technology owns a separate Training Workbook which is available on a cost per user basis. This Training Workbook is available as an electronic downloadable document, and NO printing or electronic copying or mailing or otherwise sharing is permitted unless permission is given in writing by Omega Technology who is the copyright owner.
6. Product Personalization & Company Identification
Omega Technology will optionally associate each SOFTWARE PRODUCT with the name and address of the person, company or entity that first purchases a license for the software. This information will not be shared with anyone as outlined in our Privacy Policy.
7. Annual Product License Renewal – and cost of License
First Year of Use of the Premium Product (OMC-Professional)
Omega Technology grants that under the terms of this license, the following payment structure shall come into effect on day one of the grant of a license. Each License will attract an initial cost of $US 360 (three hundred and sixty dollars) which is the fixed cost to maintain the license for the first year of use for one to six users, or calculated at $5 per user per month for 7 or more users. This amount is payable in advance of the grant of a License.
For each subsequent Year of Use of the Premium Product (OMC-Professional)
Omega Technology grants that the annual cost to maintain the license is ($360 per year for one to six users, or calculated at $5 per user per month for 7 or more users. This cost becomes due at the beginning of each year and may be paid semi-annually or annually.
OMC – Express
The cost for the first year is one hundred and twenty dollars ($120), for 1 to 5 users, or $2 per user per month for 6 or more users. For each subsequent year, the Annual license Renewal cost is ($120 for 1 to 5 users or calculated at the rate of $2 per user per month for 6 or more users, payable in advance.
8. Expiration of License and Software Key
The CMMS License will expire naturally at the end of each 12-month period, unless a License Renewal Number -LRN (Software Key) is entered into the software to renew the License. Notice of impending License Expiration will be provided 30 days in advance by the software. Omega Technology will provide a new LRN annually to each customer on record who satisfies the following three conditions: (1) Pays to renew his/her License, (2) makes a request for a new LRN using the approved LRN request Form that is available from within the software, (3) is not in breach of the terms of this agreement. Once these conditions are satisfied, every reasonable attempt will be made to mail a new LRN to the customer within 24 hours.
9. Users of the Software
Omega Technology defines a User as anyone of the following:
- Anyone who can log into the software with a username and password.
- Any guest user who has a copy of the program file loaded onto his /her computer terminal.
This does NOT include guest users share a common computer terminal. A review and clarification of user count is normally done at the beginning of each period (annually or semi-annually) before the License renewal invoice is prepared and sent to the customer.
10. Price Changes
Omega Technology grants that any change to the License cost will be communicated in writing a minimum of three months before the annual renewal date, and that no change is anticipated in the first two years after initial use.
11. Gold Membership
Omega Technology may offer a Gold membership option to its customers for a price of $99 per year, and members of this club will be entitled to continuous and indefinite prioritized customer support and a significant discount on the cost of customized enhancements such as new custom forms, reports, or features. All other regular customers will receive continuous support and will be charged the full cost for other services.
12. Limited Warranty
OMEGA TECHNOLOGY warrants to the person or entity that first purchases a license for the Software for use pursuant to the terms of this license that the Software will perform substantially in accordance with the Documentation for the sixty (60) day period following receipt of the Software when used on the recommended hardware configuration. Non-substantial variations of performance from the Documentation does not establish a warranty right. To make a warranty claim, you must contact OMEGA TECHNOLOGY within such sixty (60) day period. If the software does not perform substantially in accordance with the Documentation, the entire liability of OMEGA TECHNOLOGY and your exclusive remedy shall be limited to either, the replacement of the Software or the refund of the license fee you paid for the Software.
13. Refunds
Claims for refund will ONLY be considered if:
Customer has demonstrated that the software is performing substantially below the documentation, and where Omega Technology has failed to provide a software fix that remedies the situation within 60 days of the acknowledgement of the performance gap.
14. Disclaimer.
The foregoing limited warranty states the sole and exclusive Remedies for Omega Technology’s or its supplier’s breach of Warranty. Omega Technology and its suppliers do not and cannot warrant the performance or results you may obtain by using the software.
15. Limitation of liability.
In no event will Omega Technology or its suppliers be liable to you for any damages, claims or costs whatsoever or any Consequential, indirect, incidental damages, or any lost Profits or lost savings, damages, claims or costs or for any Claim by any third party. Omega Technology’s aggregate Liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software.
16. Rental.
You may not rent, lease, lend, donate, gift, or share the SOFTWARE PRODUCT.
17. Software Product Transfer.
You may not assign all or any part of your rights or obligations under this TOS without the prior written consent of OMEGA TECHNOLOGY, and any attempt to the contrary will be a material breach of this TOS. OMEGA TECHNOLOGY may withhold such consent in its sole discretion. OMEGA TECHNOLOGY may not impose transfer fees as a condition of any permitted transfer.
18. Termination.
This TOS shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another section of this TOS. This TOS will terminate automatically if a breach occurs in any provision of it. In such an event, and where attempts to remedy the breach has failed, Omega Technology will communicate in writing the date of termination and require that you destroy all copies of the SOFTWARE PRODUCT and all its component parts and cease all further use of it.
Termination will have no effect on your obligation to safeguard and protect proprietary rights of OMEGA TECHNOLOGY, disclaimers and warranties, export restrictions, or the Refund Policy.
19. Copyright
All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner. This TOS grants you no rights to use such content. All rights not expressly granted under this TOS are reserved by OMEGA TECHNOLOGY.
20. Your Responsibilities
You agree to use due diligence to safeguard and protect the SOFTWARE PRODUCT and all source code (where applicable) as the valuable trade secret and exclusive property of OMEGA TECHNOLOGY.
You will at all times use due diligence to safeguard and protect all such confidential and
proprietary information pertaining to the SOFTWARE PRODUCT.
21. Product Support
OMEGA TECHNOLOGY agrees to provide all reasonable effort to support the SOFTWARE PRODUCT, and our Customers. OMEGA TECHNOLOGY will tailor a support program that matches the specific needs of each customer, including but not limited to Post-implementation audits or visits, and at a reasonable cost. We will provide FREE web or email support should you have any other questions concerning product support.
22. Entire Agreement.
This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, understandings and contracts between the parties with respect to the subject matter hereof. It is further understood that the terms of this Agreement, including any Attachments, Schedules (including any Appendices) and/or Addendums may change at any time as determined by OMEGA TECHNOLOGY. Any and all such changes shall be advised in writing and posted on the Website of Omega Technology.
Website:www.cmmsfirst.com
E-Mail: service@cmmsfirst.com
USA Address
3500 Valley Chase Lane
Bartlett TN, 38133
USA 1 901-351-5435
Offshore Technical Support: 1- 876- 452-7145 (use this number for faster support)