Thank you for using our products, software and services (“Services”). The Services are provided by OMNI Arsenal, LLC (“OMNI”), located at 6200 Guardian Gateway, Suite 120, Aberdeen Proving Ground, Maryland 21005, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the data you access. You may not use data from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some data that is not OMNI’s. This data is the sole responsibility of the entity that makes it available. We may review data to determine whether it is illegal or violates our policies, and we may remove or refuse to display data that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review data, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services may become available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
YOUR OMNI ARSENAL ACCOUNT
You may need an OMNI Arsenal (“Arsenal”) Account in order to use some of our Services. You may create your own Arsenal Account, or your Arsenal Account may be assigned to you by an administrator, such as your employer. If you are using an Arsenal Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Arsenal Account, keep your password confidential. You are responsible for the activity that happens on or through your Arsenal Account. Try not to reuse your Arsenal Account password on third-party applications. If you learn of any unauthorized use of your password or Arsenal Account, immediately notify your account administrator.
Privacy and Copyright Protection
OMNI’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that OMNI can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). OMNI respects the intellectual property of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the OMNI Arsenal Services, please notify OMNI Arsenal, LLC.
Your Data in our Services
Some of our Services allow you to upload, submit, store, send or receive data. You retain ownership of any intellectual property rights that you hold in that data.
When you upload, submit, store, send or receive data to or through our Services, you give OMNI (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your data works better with our Services), communicate, publish, publicly perform, publicly display and distribute such data. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove data that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the data submitted in those Services. Make sure you have the necessary rights to grant us this license for any data that you submit to our Services.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Arsenal gives you a non-assignable and non-exclusive license to use the software provided to you by OMNI as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Arsenal, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Software Use and Services
To the extent that OMNI provides for the download of proprietary OMNI or Arsenal Services, third party software, or open source software from OMNI Services, such Services are protected by the applicable copyright, patent or other Intellectual Property Rights (as defined herein) of either OMNI or the third-party. Any use of the Services is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Services are provided “AS IS” for evaluation and internal use only. You may not use evaluation Services for commercial, development or production purposes. In addition, evaluation Services may be time-disabled and may cease to operate after a period of time.
You will not and will not permit any third party, as solely determined by OMNI, to: (a) use OMNI Services in violation of others’ rights (including Intellectual Property Rights); (b) engage in or promote gambling, pornography, or illegal activities; (c) circumvent or violate the restrictions of OMNI Services; (d) reverse engineer, decompile, or otherwise attempt to derive source code from the OMNI Services, unless we make the source code publicly available; and/or (e) disable, interfere with, disrupt, or circumvent any aspect of the OMNI Services. You must ensure that any of your users comply with the terms, and you agree that if you become aware of any violation by one of your users, you will terminate that user’s access immediately.
OMNI reserves all rights to its trademarks, service marks and logos, which together are collectively titled “OMNI Marks”. OMNI Marks are highly valued intellectual property, and therefore OMNI will take all steps to protect against dilution and usage of third-party marks that are confusingly similar to OMNI Marks or which are likely to cause confusion with OMNI Marks. OMNI does not permit any use of OMNI Marks in a manner that is likely to cause confusion by implying an association with OMNI
Anti-Piracy and License Compliance
OMNI safeguards its technology vigilantly and only authorizes others to use it by virtue of license agreements. Using or distributing Services without permission from OMNI constitutes piracy. OMNI does not distribute or sell its Services through unauthorized channels such as peer-to-peer networking, file-sharing sites, auctions, or through other illegal download sites offering key or serial number generators. Please contact OMNI at firstname.lastname@example.org for assistance with your own or another’s unauthorized use of Services.
When you visit the OMNI Services or send e-mails to OMNI, you are communicating with OMNI electronically. We may respond to you by e-mail or by posting notices on the OMNI Services. You agree that all such notices, disclosures and other communications that OMNI provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that we will be free to use any communication you provide for any purpose. You hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide right and license, with the right to grant and authorize sublicenses, to use, reproduce, perform, display, disclose, distribute, modify, prepare derivative works of and otherwise use the communication without restriction in any manner now known or in the future conceived and to make, use, sell, offer to sell, import and export any product or service that incorporates or is based in whole or in part on the communication.
Modifying and Terminating Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, OMNI may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER OMNI NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE DATA WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, OMNI, AND OMNI’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OMNI, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, OMNI, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Services Business Uses
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify OMNI and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
United States Government Rights
All OMNI Services and publications are commercial in nature. The Services, publications and Services documentation available on the OMNI Services are “Commercial Items”, as that term is defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, OMNI’s publications, commercial computer Services and commercial computer Services documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and Services documentation and the terms and conditions herein.
You agree to indemnify, defend, release, and hold OMNI, subsidiaries, affiliates, officers, directors, agents, partners, employees and licensors harmless from any claims, liabilities, demands, losses, damages, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from: (1) your (or anyone using your account, computer or Services) use of the OMNI Services or violation or breach of these Terms; (2) your data; (3) any infringement or misappropriation of any Intellectual Property Rights by you, your customers or your suppliers; (c) violation of laws, rules, regulations, etc. by you; or (4) your use of any third party data. We will (i) provide you with notice of such claim within a reasonable period of time after learning of the claim; and (ii) reasonably cooperate in response to your requests for assistance (subject to your reimbursement of our costs and expenses). OMNI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with OMNI’s defense of such claim, and in no event may you agree to any settlement affecting OMNI without OMNI’s written consent.
In the event that either party is prevented from performing or is unable to perform any of its obligations under these terms due to any Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection, material unavailability, unavailability or interruption of telecommunications equipment or networks, or any other cause beyond the reasonable control of the party invoking this section, and if such party shall have used reasonable efforts to mitigate its effects, such party shall give prompt written notice to the other party, its performance shall be excused, and the time for the performance shall be extended for the period of delay or inability to perform due to such occurrences.
Legal Contact Information
Should you have any inquiries about these Terms, the licensing or usage of OMNI Marks, or OMNI copyrighted materials, you may contact the OMNI Legal Department at email@example.com
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between OMNI and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this does not mean that OMNI is giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
These terms, the relationship between you and OMNI, and all matters relating to your access to, or usage of, any OMNI Services, are governed by United States federal law and the laws of the State of Maryland. Thus, any lawsuit or legal proceeding relating to these terms, the relationship between you and OMNI, or your access to, or usage of, Arsenal and the Arsenal Services shall be brought in the state or federal courts located in Harford County, Maryland. You hereby agree that venue is proper in, and agree to submit to the personal and exclusive jurisdiction of, these courts in any lawsuit or legal proceeding.