TERMS OF USE

Welcome to the Omnis website (www.omnis.net, the "Site"), wholly owned and operated by Raining Data Corporation (“Raining Data”). Raining Data owns and operates the Site, and the documents and other content available on the Site (“Site Content”) are protected by copyright laws throughout the world. Raining Data grants you a limited license to use the site subject to the terms and conditions of use (“Terms of Use”) set forth below. By using the Site, you agree to follow and be bound by the Terms of Use and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

Limited License for Use of Site Content

Raining Data hereby authorizes you to download, view, copy and print documents and graphics in the Site Content subject to the following: (a) the Site Content may be used solely for personal, informational, non-commercial purposes; and (b) the Site Content may not be modified or altered in any way. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Site Content in whole or in part without the express authorization of Raining Data. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of Raining Data or any third party.

Software

Any software that is made available to download from the Site is the copyrighted work of Raining Data or other indicated third parties (“Software”). Software that that is designated on the Site as being proprietary to or provided by Raining Data, including Pick, Omnis, Omnis Studio, Omnis web client, D3, mvEnterprise, mvDesigner and mvBase are registered trademarks and TigerLogic and PickDBi, is referred to herein as “Raining Data Software.”

Raining Data Software is licensed not sold and is subject to the Raining Data End User License Agreement which accompanies the software or if no License Agreement accompanies the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating. You must accept the End User License Agreement to install or use the software. An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless such end user agrees to the License Agreement terms. All rights, title and interest not expressly granted are reserved by Raining Data.

If you have any questions about Raining Data's licensing policies, or if you would like to have a copy of the End User License Agreement sent to you by mail or fax, please contact Raining Data. You may also review the End User License Agreement by visiting the Omnis website.

Some Software on the Site may be designated as originating from third parties, including shareware, freeware and other software made available to you via FTP download (“Third Party Software”). Raining Data has no responsibility to you for Third Party Software. Third Party Software may be subject to license agreements and other terms and conditions of such third parties that accompany the Third Party Software, which you agree to abide by. Raining Data makes Third Party Software available to you AS IS without warranty of any kind, and Raining Data hereby disclaims all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. Raining Data will not be liable to you for any direct, consequential, incidental, exemplary or other damages of any kind relating to the Third Party Software. Raining Data has no obligation to provide support, maintenance or other services in connection with Third Party Software.

By uploading, emailing, posting, publishing or otherwise transmitting content to Raining Data, you automatically grant (or warrant that the owner of such rights has expressly granted) Raining Data a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant (or warrant on behalf of the owner of such rights) that all moral rights in the content have been waived.

You are responsible for maintaining the confidentiality of any password you are given to access the Site, and are fully responsible for all activities that occur under your password. You agree to notify Raining Data immediately of any unauthorized use of your passwords.

Changes; Third Party Web Sites, Content, Products and Services

Raining Data reserves the right to change or discontinue the Site or any Site Content at any time, with or without notice, and with no liability to you. The Site may include hyperlinks to web sites not controlled by Raining Data, and access to content, products and services from third parties. Raining Data is not responsible for the availability of, and any content on those web sites to which it provides links. Raining Data provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. You agree that Raining Data is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that Raining Data is not responsible for any loss or damage of any sort you may incur from dealing with any such third party.

Disclaimer

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RAINING DATA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RAINING DATA CORPORATION MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

IN NO EVENT SHALL RAINING DATA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, WHETHER OR NOT RAINING DATA HAS BEEN ADVISED OF THE POSSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Privacy Policy

Raining Data's privacy policy is at www.omnis.net/privacy.html

Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the Site Content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Raining Data in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Raining Data outside the U.S. Neither the services of Raining Data nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Forward-Looking Statements

Some of the information contained on the Site may contain projections or other forward-looking, including statements regarding the Company's future financial performance. These forward-looking statements are subject to risks and uncertainties, and actual results could differ materially due to several factors, including but not limited to the success of the Company's research and development efforts to develop new products and to penetrate new markets, the market acceptance of the Company's new products and updates, technical risks related to such products and updates, the Company's ability to maintain market share for its existing products, the availability of adequate liquidity and other risks and uncertainties. Please consult the various reports and documents filed by Raining Data Corporation with the U.S. Securities and Exchange Commission, including but not limited to the Company's most recent reports on Form 10-KSB and Form 10-QSB for factors potentially affecting the Company's future financial results. All forward-looking statements are made as of the date hereof and the Company disclaims any responsibility to update or revise any forward-looking statement provided in its news releases.

Applicable Laws

All matters relating to your access to, and use of, the Site and these Terms of Use shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Irvine or Orange County, California and no other venue. You and Raining Data agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark Information

Copyright © 2006, Raining Data Corporation. All rights reserved.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Raining Data or other third parties. You are not permitted to use these Marks without the prior written consent of Raining Data or such third party which may own the Mark. Raining Data, Pick, Omnis, Omnis Studio, Omnis web client, D3, mvEnterprise, mvDesigner and mvBase are registered trademarks and TigerLogic and PickDBi are trademarks of Raining Data.

Contact Information

If you have any questions regarding these Terms of Use, please contact Raining Data at webmaster@omnis.net.