The FacilivueŽ software program (the "Software"), the documentation for
the Software and any other information furnished to the Licensee by
Omegavue is assumed to be "Confidential" or "Proprietary" and are
the sole and exclusive property and trade secrets of Omegavue or
its licensors. By visiting this website you agree to be bound by
agree, please do not use or access our services.
This Agreement, including any attachments hereto which are
incorporated herein, constitutes part of the agreement of the
parties with respect to the subject matter hereof and supercedes
all proposals, oral or written, and all negotiations,
conversations, discussions, or prior software license agreements
heretofore between the parties. By accepting the terms of this
Agreement, the Licensee hereby acknowledges that it has not been
induced to enter into this Agreement by any representations or
statements, oral or written, by Omegavue or any agent of Omegavue
that are not expressly contained herein.
a. This Agreement may not be modified, amended, rescinded, canceled or
waived, in whole or in part, except by a written amendment signed
b. In addition to any other remedies available at law, Omegavue will have
the right to obtain injunctive relief against any actual or
threatened violation by the Licensee of the restrictions set forth
in this Agreement.
c. This Agreement shall be governed by and interpreted under the laws of
the State of Minnesota, U.S.A. Any litigation, court hearings,
arbitration hearings or other proceedings initiated by either party
against the other party will be initiated, venued and maintained in
Minneapolis, Hennepin County, Minnesota, and the undersigned hereby
consents to personal jurisdiction in Minnesota for purposes of any
d. The User will indemnify Omegavue for all costs that Omegavue incurs in any
lawsuit or proceeding to enforce this Agreement including, without
limitation, actual attorneys' fees, expert witness fees, costs of
investigation, court costs, litigation expenses, travel and living
expenses, and all other costs incurred by Omegavue.
e. If any provision of this Agreement is found unenforceable under any law or
regulation applicable thereto, such provision shall be deemed
stricken from this Agreement, but such invalidity or enforceability
shall not invalidate any other provisions of this
f. This Agreement may be executed simultaneously in multiple counterparts,
each of which will be deemed an original, but all of which together
will constitute one and the same instrument.
g. This Agreement is binding upon the parties hereto and their respective
executors, administrators, heirs, assigns and successors in
h. The provisions governing payment of taxes, confidentiality of Data and
Reports, and confidentiality of the Software shall survive the
termination of this agreement.
Subject to the License granted by this Agreement, the Software is
owned by Omegavue, and its licensors, and is protected by United
States copyright laws and international treaty provisions. The
Licensee may not remove, alter, or destroy any form of copyright
notice, proprietary markings, or confidential legends placed upon
or contained with or within the Software.
a. The Software, the documentation for the Software and any other
information furnished to the Licensee by Omegavue is assumed to be
"Confidential" or "Proprietary" and are the sole and exclusive
property and trade secrets of Omegavue or its licensors. (the
"Confidential Information of Omegavue").
b. The plan and data information of the Licensee, loaded into the Software by
Omegavue, is assumed to be "Confidential" or "Proprietary" as well,
and are the sole and exclusive property of the Licensee or its
agents (the Confidential Information of the Licensee").
c. The Licensee and Omegavue may use each other's Confidential Information
during the Term of this Agreement only as permitted hereunder.
Neither the Licensee nor Omegavue shall disclose or provide any
Confidential Information to any third party and shall take
reasonable measures to prevent any unauthorized disclosure by its
employees, agents, contractors or consultants during the Term of
this Agreement including any appropriate individual nondisclosure