TERMS OF SERVICE


1. This is an agreement between Licensor and Licensee, who is being licensed to use the OMEGA GLASS EDI SOFTWARE and OMEGA GLASS MANAGEMENT SOFTWARE during a trial “BETA” period.  

2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software including future versions and updates.

3. This License permits Licensee to install the Software on more than one computer system. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement.  Licensee shall not provide access to any unnamed parties without the express, written approval of Licensor.  

4. This Software is subject to a limited warranty. OMEGA provides no guarantee against loss of data, functionality, or security.  The materials on OMEGA’s applications are provided "as is". OMEGA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, OMEGA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet application or otherwise relating to such materials or on any sites linked to this site.

5. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.

6. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.

7. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software for any reason.

8. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.

10. The materials appearing on OMEGA’s application could include technical, typographical, or photographic errors. OMEGA oes not warrant that any of the materials on its application are accurate, complete, or current. OMEGA may make changes to the materials contained on its application at any time without notice. OMEGA does not, however, make any commitment to update the materials.

11. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

12. This License Agreement is governed by the law of Utah applicable to Utah contracts.

13. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.

14. Data collected during use of OMEGA EDI is stored digitally by OMEGA and transmitted to affiliated EDI processors.  No guarantee of security of this information and its transmission can be made by OMEGA.  OMEGA shall not be responsible for any breach of data security.  The licensee is responsible for disclosing this data transmission policy to 3rd parties.  

15.  OMEGA shall not be responsible for loss of service as a result of any loss of service to a 3rd party including, but not limited to, EDI processors and hosting providers.  

16. Non-disclosure:  The licensee shall not disclose to any 3rd party the contents of the software or any agreements made between OMEGA and the licensee including, but not limited to, pricing terms, software functionality, features, or documentation without written consent from OMEGA.

17. Non-compete:  The licensee shall not engage in the businesses of EDI processing, point-of-sale software, or development of automotive glass repair/replacement software for a period of five years from the effective date of this agreement without written permission from OMEGA.  

18.  I hereby grant permission for OMEGA to access sgcnetwork.com using my Safelite shop number and sgcnetwork password.  The software will access referral information in order to verify the accuracy of invoices created upon submission of an invoice to Safelite.

I agree to the Software License Agreement and the Pricing Terms outlined above and I have carefully reviewed the license agreement, payment and refund policy (http://omegaedi.com/?page=pricing_policy), and pricing schedule (http://omegaedi.com/?page=pricing).  I understand that this software is BETA.