‘OMNIS’ means the OMNIS Studio or OMNIS Classic Software. OMNIS Studio and Classic is owned and sold by Raining Data Corporation. OMNIS is a trade mark of Raining Data Corporation.

This Software is licensed, not sold. Brainy Data grants the purchaser ('Licensee') a non-exclusive license for the use of the Software as follows.

Development

For development purposes, the Licensee may install the Software on multiple computers, provided that those computers are used solely by the Licensee or employees of the Licensee if the Licensee is a company, and that all computers are located at the same geographical site.  If the Licensee requires to develop the software at more than one geographical site, additional developer licenses must be purchased.

Deployment

The Software may be deployed freely by the Licensee, provided it is deployed only for the use by end users of the Licensee's Products and that these Products add significant functionality to the Software.

The Licensee may not rent, lease, or lend the Software.

Transfer of Ownership

The Licensee may permanently transfer all rights under this License Agreement, provided no copies are retained, the Licensee transfers all of the Software (including all component parts, media, printed materials, any upgrades, the agreement that accompanied the Software ) and the recipient agrees to the terms of the License Agreement. Brainy Data must be notified in writing of the transfer of ownership.

Termination

Without prejudice to any other rights, Brainy Data may terminate this License if the Licensee fails to comply with the terms and conditions of this License or fails to fully pay for the Software as agreed to at the time of sale. In such event, all copies of the Software and all of its component parts must be destroyed.

Limited Warranty

Brainy Data warrants that Software supplied electronically will be replaced if it is found to be corrupted during transport. If Brainy Data is unable to deliver a replacement which is free of such corruption within a reasonable period the Licensee may terminate this Agreement for a full refund. This is Brainy Data’s entire liability and your sole remedy in the event of Software corruption.

EXCEPT AS PROVIDED ABOVE, THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS USED BY LICENSEE AT LICENSEE’S SOLE RISK AND IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAINY DATA DOES NOT GUARANTEE, WARRANT OR MAKE ANY REPRESENTATION THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, BRAINY DATA DOES NOT GUARANTEE, WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRAINY DATA OR AN AUTHORISED REPRESENTATIVE OF BRAINY DATA SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE LICENSEE (AND NOT BRAINY DATA OR ITS AUTHORISED REPRESENTATIVES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability

In no event, including negligence, will Brainy Data or its directors, officers, employees or agents be liable to the Licensee for indirect, special, incidental or consequential damages, including but not limited to any loss of data or business information or loss of profits, arising out of the use or inability to use the Software even if Brainy Data or an authorised representative thereof has been advised of the possibility of such damages. In no event shall Brainy Data’s total liability hereunder for all damages, losses and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by licensee for the Software except that Brainy Data does not exclude any liability for death or personal injury arising from proven negligence. The Licensee shall indemnify Brainy Data against any claim for loss or damage of any kind suffered by a third party arising from the use by that third party of any application developed using the Software.

General

The Licensee acknowledges having read and understood this Agreement and agrees to be bound by its terms and conditions. This Agreement is the entire agreement between the Licensee and Brainy Data (including its employees) concerning the subject matter of this Agreement and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of the Agreement.

This Agreement is governed by the laws of the United Kingdom.