Omegavue - Facility Management Solutions

The Facilivue® 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 the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access our services.

Privacy Agreement

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a. This Agreement may not be modified, amended, rescinded, canceled or waived, in whole or in part, except by a written amendment signed by Omegavue.

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 such proceedings.

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 Agreement.

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 interest.

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.

Confidential Information

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 agreements.