End-User License Agreement for Omni Logic Solutions, Inc.
This End-User License Agreement (“EULA”) is a legal agreement between you, the End User (either an individual or a single entity), and Omni Logic Solutions, Inc. (OLS), for OLS software products collectively called as “OmniFY Solutions” that accompanies this EULA, which includes associated media, licenses, and any related OLS or OmniFY Solutions Internet-based services (“Product”). An amendment or addendum to this EULA may accompany the Product. You agree to be bound by the terms of this EULA by installing or using the Product.
1. Definitions.
The term End User shall mean any company or individual who has purchased Licenses to use the Product exclusively for their use and benefit. The download of the Product from the Microsoft AppSource website shall constitute a purchase for terms of this agreement.
The term “Product” shall be used in this agreement to mean the OLS or OmniFY Solutions software applications and programs provided by OLS to the End User or Partner in any form or media, including transmission in electronic form, which includes modifications, corrections, improvements, enhancements, upgrades and updates provided now or later by OLS.
The term “Partner” shall be used in this agreement to mean a certified Microsoft Dynamics 365 reseller who maintains a current and valid agreement with Microsoft for the resale of Microsoft Dynamics 365 and is an authorized reseller of the Product.
The term “Related Material” shall mean all of the printed material, documentation, and/or media provided with the Product by the Partner or by OLS for use with the Product.
The term “License” or “Licensing” shall mean Product licenses purchased for End User use of the Microsoft Dynamics 365 product or the Product. Licensing comprises Named Users. In order to use the Product, Licenses for Microsoft Dynamics 365 Business Central must be obtained from Microsoft through OLS or another authorized reseller.
The term “Named User” shall mean a licensed individual user of the Product, set up by login identity. Product Licenses for Dynamics 365 provided by Microsoft permit a limited number of Named Users.
The term “Additional Functionality” shall mean enhancements to the Product by the Partner, whether End User-specific or for all the Partner’s End Users.
The term “Limited Warranty” shall mean a warranty by OLS that the unmodified Product will perform substantially in accordance with the Related Materials for a period of thirty (30) days from the date of receipt.
“EULA” means this End User License Agreement
“Licensee” means You, or the organization (if any) on whose behalf You are taking the EULA.
“Documentation” means written documentation, including knowledge base articles, e-mails, training guides, and help content made generally available by OLS to aid in using the Software.
“Software” means the software provided to You by OLS solely for Your use with.
“Invoice” means the sales invoice provided to you by your software provider or OLS for the Software covered in this EULA.
2. Grant of License.
In accordance with the terms of this EULA, You may install the Software on a single production server and on any number of failover servers providing only a single server is actively used as the production environment. You may install the Software on any number of test or development servers. The installation on production, test, and development servers is also subject to any restrictions noted on the Invoice including but not limited to user, device, or company count.
You may not copy or use the Software or Documentation except as expressly permitted by this License. You may not copy (except as reasonably necessary for internal back-up purposes), distribute, transfer, sublicense, rent, lease, lend, sell, or otherwise allow any third party to use the Software. You may not modify, reverse engineer, decompile, disassemble, or otherwise reduce the Software to a human-perceivable form, except to the extent expressly permitted by applicable law, and then only after You have notified OLS in writing of Your intended activities.
You acknowledge any right, title or interest in the Software and Documentation, including but not limited to, patent, trademark, design, copyright or any other intellectual property rights, shall remain with OLS and/or its Licensor and no right, title or interest in the Software and Documentation is granted or transferred under this License, except for the right granted hereunder. You agree that You do not acquire any rights, express or implied, beyond the limited license described in this agreement.
3. Reservation of Rights and Ownership.
OLS reserves all rights not expressly granted to you in this EULA. The Product is protected by copyright and other intellectual property laws and treaties. OLS owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
4. Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. No Rental/Commercial Hosting.

6. Consent to Use of Data.
You agree that OLS and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Product. OLS may use this information solely to improve our products or to provide services or technologies to you and will not disclose this information in a form that personally identifies you.
7. Links to Third-Party Sites.
OLS is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. OLS is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by OLS of the third-party site or service.
8. Additional Product /Services.
This EULA applies to updates, supplements, add-on components, or Internet-based services components of the Product that OLS may provide to you or make available to you after the date you download the Product from the Microsoft AppSource website.
9. Upgrades.
To upgrade the Product to future versions, you must first be licensed for the Product identified by OLS as eligible for the upgrade.
10. Not for Resale Product.
Product provided to Partners and identified as “Not for Resale” or “NFR,” may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. Export Restrictions.
You acknowledge that the Product is subject to geographical restrictions imposed on the Dynamics 365 Business Central product by Microsoft.
13. Product Transfer.
The Product may not be transferred to another legal entity, whether an individual or a single entity. Use by multiple end users under one Dynamics 365 license is restricted by Microsoft licensing guidelines.

14. Termination.
Without prejudice to any other rights, OLS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must uninstall the Product from your Dynamics 365 database.
15. Limited Warranty for Product Acquired in the US and Canada.
OLS warrants that the unmodified Product will perform substantially in accordance with the Related Materials for a period of thirty (30) days from the date of receipt.
a. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, but only as to defects discovered during the period of this limited warranty (30 days). As to any defects discovered after the thirty-day period, there is no warranty or condition of any kind. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
b. Any supplements or updates to the Product, including, without limitation, any application updates (if any) provided to you after the expiration of the thirty-day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
c. Limitation on Remedies; No Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by OLS, you are not entitled to any damages, including, but not limited to, consequential damages, if the Product does not meet OLS’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section entitled “Exclusion of Incidental, Consequential and Certain Other Damages” are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
d. Your Exclusive Remedy. OLS’s entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Product shall be, at OLS’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to OLS. You will receive the remedy elected by OLS without charge, except that you are responsible for any expenses you may incur (e.g., partner services fees). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and OLS will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with OLS’s warranty remedy procedures. To exercise your remedy, contact: Omni Logic Solutions, Inc, 968 W King Edward Ave, P.O. Box 38108, Vancouver, BC, V5Z 4L9, Canada, www.omnilogicsolutions.com.
16. Disclaimer of Warranties.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, OLS and its Partners provide the Product and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of freedom from viruses, all with regard to the Product, and the provision of or failure to provide support or other services, information, Product, and related content through the Product or otherwise arising out of the use of the Product. There is also no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to descriptions other than those of the Related Materials, or non-infringement with regard to the Product.
17. Exclusion of incidental, consequential and certain other damages.
To the maximum extent permitted by applicable law, in no event shall OLS be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Product, the provision of or failure to provide support or other services, information, Product, and related content through the Product or otherwise arising out of the use of the Product, or otherwise arising out of the use of the Product, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of OLS or any partner, and even if OLS or any partner has been advised of the possibility of such damages.
18. Limitation of Liability and Remedies.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of OLS under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by OLS with respect to any breach of the Limited Warranty) shall be limited the amount actually paid by you for the Product or a US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 15, 16 and 17) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
19. License Breach
You agree that any breach of the restrictions in this License would cause OLS irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which OLS may be entitled, You agree that OLS may seek injunctive relief to prevent the actual, threatened or continued breach of these License terms.
20. Trademarks
All names of products and companies used in this EULA, the Software, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses.
21. Applicable Law.
If you acquired this Product in the United States, this EULA is governed by the laws of the State of British Columbia.
This EULA (including any addendum or amendment to this EULA that is included with the Product) is the entire agreement between you and OLS relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any OLS policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Should you have any questions concerning this EULA, or if you desire to contact OLS for any reason, please use the address information enclosed in this Product to contact the OLS subsidiary serving your country or visit OLS on the World Wide Web at http://www.omnilogicsolutions.com or http://omnify.online