Use Terms
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.
SERVICES USE
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.
If you have an Arsenal Account, we may display your Profile name,
Profile photo, and actions you take on Arsenal or on third-party
applications connected to your Arsenal Account in our Services. You
can find more information about how OMNI uses and stores data in the
privacy policy or additional terms for particular Services. If you
submit feedback or suggestions about our Services, we may use your
feedback or suggestions without obligation to you.
Software 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.
Trademarks
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 legal@teamomni.com for assistance with your own
or another’s unauthorized use of Services.
Electronic Communications
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.
Services Liability
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.
Indemnification
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.
Force Majeure
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 legal@teamomni.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.