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LEGAL NOTICE AND TERM OF USE
Welcome
to the Open Mind Solutions Inc. (”OMS, Inc”) Web site (the
“Web Site”). Please review the following notices, terms and
conditions concerning your use of the Web Site. By
accessing, using or downloading any materials from the Web
Site, you agree to follow and be bound by these notices,
terms and conditions (the “Terms”). If you do not agree with
these Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not
limited to information, documents, products, logos,
graphics, sounds, images, software, and services
(”Materials”), are provided either by OMS, Inc or by third
party manufacturers, authors, developers and vendors (”Third
Party Providers”) and are the copyrighted work of OMS, Inc
and/or its Third Party Providers. Except as stated herein,
none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including but not
limited to electronic, mechanical, photocopying, recording,
or other means, without the prior express written permission
of OMS, Inc. Also, you may not “mirror” any Materials
contained on this Web Site on any other server without OMS,
Inc’s prior express written permission.
Except where expressly provided otherwise by OMS, Inc,
nothing on this Web Site shall be construed to confer any
license offer for license or sale under any of OMS, Inc’s or
any Third Party Provider’s intellectual property rights,
whether by estoppel, implication, or otherwise. You
acknowledge sole responsibility for obtaining any such
licenses. See the “Legal Contact Information” below if you
have any questions about obtaining such licenses. Materials
provided by Third Party Providers have not been
independently reviewed, tested, certified, or authenticated
in whole or in part by OMS, Inc and as such, OMS, Inc makes
no warranty with respect to its contents. OMS, Inc does not
provide, sell, license, or lease any of the Materials other
than those specifically identified as being provided by OMS,
Inc.
OMS, Inc hereby
grants you permission to display, copy, distribute and
download OMS, Inc’s Materials on this Web Site provided
that: (1) both the copyright notice identified below and
this permission notice appear in the Materials; (2) the use
of such Materials is solely for personal, non-commercial and
informational use and will not be copied or posted on any
networked computer, broadcast in any media, or used for
commercial gain; and (3) the Materials are not modified in
any way. This permission terminates automatically without
notice if you breach any of these terms or conditions. Upon
termination, you will immediately destroy any downloaded or
printed Materials.
Any unauthorized use of any Materials contained on this Web
Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and
statutes.
LINKS TO THIRD
PARTY SITES
This Web site may contain links to web sites controlled by
parties other than OMS, Inc. OMS, Inc is not responsible for
and does not endorse or accept any responsibility for the
contents or use of these third party web sites. OMS, Inc is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by OMS, Inc
of the linked web site. It is your responsibility to take
precautions to ensure that whatever you select for your use
is free of viruses or other items of a destructive nature.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from
this Web Site (”Software”) is the copyrighted work of OMS
Inc. Use of the Software is governed by the terms of the end
user license agreement that accompanies or is included with
the Software (”License Agreement”). An end user agrees to
the License Agreement terms by installing, copying, or using
the Software. The Software is made available for downloading
solely for use by end users according to the License
Agreement. Without limiting the foregoing, the copying or
reproduction of the Software to any other server or location
for further reproduction or redistribution is expressly
prohibited. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the
maximum extent possible. THE SOFTWARE IS WARRANTED, IF AT
ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE
AGREEMENT, OMS INC. HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT
THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from this Server for or on
behalf of the United States of America, its agencies and/or
instrumentalities (”U.S. Government”), is provided with
Restricted Rights. Use, duplication, or disclosure by the
U.S. Government is subject to restrictions as set forth in
subparagraph ©(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or
subparagraphs ©(1) and (2) of the Commercial Computer
Software — Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is OMS, Inc.
SUBMISSIONS
Except where expressly
provided otherwise by OMS, Inc, all comments, feedback,
information or materials submitted to OMS, Inc through or in
association with this Web Site (”Submissions”) shall be
considered non-confidential and OMS, Inc’s property. By
providing such Submissions to OMS, Inc, you agree to assign
to OMS, Inc, at no charge, all worldwide rights, title and
interest in copyrights and other intellectual property
rights to the Submissions. OMS, Inc shall be free to use
and/or disseminate such Submissions on an unrestricted basis
for any purpose. You acknowledge that you are responsible
for the Submissions that you provide, and that you, not OMS,
Inc, have full responsibility for the Submissions, including
their legality, reliability, appropriateness, originality
and copyright.
INDEMNITY
You agree to indemnify,
defend and hold OMS harmless from and against any and all
third party claims, liabilities, damages, losses or expenses
(including reasonable attorney's fees and costs) arising out
of, based on or in connection with your access and/or use of
this web site.
DISCLAIMER
EXCEPT WHERE EXPRESSLY
PROVIDED OTHERWISE BY OMS, INC, THE MATERIALS ON THE WEB
SITE ARE PROVIDED “AS IS” AND OMS, INC HEREBY DISCLAIMS ALL
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES,
AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO
THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY
INVALID. OMS, INC MAKES NO REPRESENTATIONS, WARRANTIES,
GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS
CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
OMS INC. SHALL NOT BE LIABLE
FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING,
CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS. IN NO EVENT SHALL OMS INC. BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS,
REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THIS WEB SITE, EVEN IF OMS INC. HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU
HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND
BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE
WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST OMS INC. FOR
LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR
LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU
AGREE TO HOLD oms INC. HARMLESS FROM, AND YOU COVENANT NOT
TO SUE OMS INC. FOR, ANY CLAIMS BASED ON OR RELATED TO THE
USE OF THE WEB SITE.
OMS INC. PRESS RELEASES
Forward-looking statements in
OMS press releases on this Web Site are made pursuant to the
safe harbor provisions of Section 21E of the Securities
Exchange Act of 1934. Investors are cautioned that
statements in such press releases which are not strictly
historical statements, including, without limitation,
statements regarding current or future financial
performance, management’s plans and objectives for future
operations, product plans and performance, management’s
assessment of market factors, as well as statements
regarding the strategy and plans of OMS and its strategic
partners, constitute forward-looking statements which
involve risks and uncertainties. For a detailed description
of the risk factors associated with OMS, please refer to the
risks detailed in the company’s filings with the Securities
and Exchange Commission, including the company’s Annual
Report, Form 10-K and 10Q on file with the SEC. OMS assumes
no obligation to update any forward-looking information
contained on this Web Site or with respect to announcement
described herein.
GENERAL
This Web Site may include
inaccuracies or typographical errors. OMS, Inc and the Third
Party Providers may make improvements and/or changes in the
products, services, programs, and prices described in this
Web Site at any time without notice. OMS, Inc may
periodically make changes to the Web Site. Any action
related to these Terms will be governed by Florida law and
controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply. These Terms represent the entire
understanding relating to the use of the Web Site and
prevail over any prior or contemporaneous, conflicting or
additional, communications. OMS, Inc has the right to revise
these Terms at any time without notice by updating this
posting. Any rights not expressly granted herein are
reserved by OMS, Inc.
INTELLECTUAL PROPERTY
NOTICES
Elements of the Web Site are
protected by trade dress and other laws and may not be
copied or imitated in whole or in part. No logo, graphic,
sound or image from the Web Site may be copied or
retransmitted unless expressly permitted by OMS, Inc.
OMS, Inc, the OMS, Inc logo,
ActiveQuality, and other OMS, Inc
product names referenced herein are registered trademarks or
trademarks of OMS, Inc Systems, Inc. in the United States
and other jurisdictions. All other product names, company
names, marks, logos, and symbols are trademarks of their
respective owners.
© 2002 OMS, Inc. All rights reserved.
LEGAL
CONTACT INFORMATION
If you have any questions
about these Terms, or if you would like to request
permission to use any Materials, please contact the OMS, Inc
Legal Department at
legal@open-mind-solutions.com. |
