OmniVista Cirrus Service Description Aug 2026 | OmniVista® Additional Information

OmniVista® Cirrus

Service Description

August 2026

1. Definitions

“Affiliate” means, with respect to a given entity, any entity Controlling, controlled by, or under common Control, directly or indirectly, with such entity, but only during the time that such Control exists. (“Control” for this definition means the ability to determine the management policies of a company or other entity through ownership of a majority of shares, by control of the board of management, by agreement, or otherwise. “Controlling” and “Controlled” shall be interpreted accordingly.)
“ALE” means (notwithstanding a definition in any other agreement) either ALE International, a France corporation with principal place of business at 32 avenue Kléber, 92700 Colombes, France, or ALE USA Inc., a Delaware corporation with principal place of business at 2000A Corporate Center, Thousand Oaks, CA 91320, USA, depending on the entity the Business Partner signed its Distributorship Agreement with.
“ALE Device” means the Devices listed in the OmniVista® Cirrus Supported Equipment list.
“Authorized Reseller” means any reseller authorized by ALE to distribute the Service to You.
“Business Partner” means either a Direct Reseller or a Distributor.
“Cloud License” or “Hosted License” means a license made available for the cloud solution publicly hosted by ALE to entitle the network management features enabled for an ALE Device.
“Contact Information” means the User’s personal data as displayed in his/her account such as name, avatar, title, country, phone numbers, and email.
“Device License Binding” means the process to bind an ALE Device to an OmniVista® Cirrus Hosted License.
“Licensed Device” means an ALE Device bound to a Cloud License or Hosted License.
“OmniVista® Cirrus Cloud-based Network Management System” or “OmniVista® Cirrus” means ALE’s cloud-based network management system that provides network management functionality and includes both OmniVista® Cirrus and OmniVista® Cirrus 4.
“OmniVista® Cirrus Paid Bundle” means the portfolio of OmniVista® Cirrus service bundles as described in the OmniVista® Cirrus Service Description.
“OmniVista® Paid Bundles Service Description" or “Service Description” means the document that contains terms and conditions about each bundle of services. The No table of contents entries found.efforts to notify Service Supplier of at least thirty (30) days in advance of any changes to the Service Description that apply to new Subscriptions.
“OmniVista® Cirrus Login Page” or “OmniVista® Cirrus Registration Portal” means the dedicated portal accessible through ALE’s public website that provides information about OmniVista® Cirrus and allows End-Customers or authorized third parties to register for trial or paid services and access the OmniVista® Cirrus.
“OmniVista® Cirrus Subscription” or “Subscription” means a paid subscription ordered through eBuy platform and configured through the Subscription Manager providing services according to the OmniVista® Service Description.
“OmniVista® Cirrus Trial” means free, time-limited access to test the OmniVista® Cirrus with a limited number of ALE Devices.
“Personal Data” means information relating to an identified or identifiable natural person, such as a User, or information that is used to identify directly or indirectly such a natural person, including name, e-mail address, phone number, or information relating to Your usage of the Service.
“Service” means an OmniVista® Cirrus Paid Bundle and related services as described in this Service Description.
“Service Supplier” means the authorized ALE Business Partner or ALE entity from whom You have purchased the Service.
“Subscription” means the OmniVista® Cirrus paid Service.
“Subscription Activation” means the actual activation of the Subscription by a subscription activation code.
“Subscription Order” means a purchase order for subscribing to the OmniVista® Cirrus paid Service that specifies the duration, license category, quantity, and bundles of Services of an OmniVista® Cirrus Paid Service to be provided and the associated payments.
“User” means an individual authorized by You to use the Service.
“You” or “End-Customer” means the entity or individual who has purchased or subscribed to the Service.

2. Service Overview

2.1 Description of Service

OmniVista® Cirrus is a bundle of services as described in this OmniVista® Service Description. The Service is ALE’s cloud-based network management system, providing network management functionality for ALE devices deployed on End-Customer premises. The Service offers a portfolio of paid service bundles designed to deliver simplified and secure network management through cloud hosting with operational ease of use.

The Service and its related usage by You and Your Users are provided against and subject to payment to the Service Supplier.

OmniVista Cirrus provides simplified deployment by:

Customer self-service sign-up and portal activation through a graphical user interface
Cloud management for ALE Devices simplifies ALE Device onboarding and configuration operations, including a configuration template for auto-provisioning
Firmware and software policy update for cloud registration, providing access to recent and latest firmware versions for all ALE Managed Devices.

2.2 Applications - Overview

The applications which follow are available from OmniVista® Cirrus.

2.2.1 Multitenancy

Multi-client level, multi-tenant with simplified network administration.
Easy client network and tenant control with the appropriate administrative network administration credentials for the span of control.
Key management status visibility of all-important network events and alerts from a single Dashboard.

2.2.2 Dashboard

Device Status Visualization with graphical widgets displaying licensed device status with drill-down capabilities for detailed analysis.
Real-Time Network Monitoring based on live monitoring and analysis of critical network performance indicators through interactive visual widgets.
Customizable Reporting includes a comprehensive selection of displays, data views, and network/device information with advanced reporting capabilities.

2.2.3 Topology

Comprehensive device discovery for licensed devices with overlay visualization for wired/wireless devices and virtual chassis.
Network visualization capabilities, including logical and physical infrastructure views with real-time device status.
Dynamic, customizable logical mapping with user-defined filters (IP subnet, location, device model, custom descriptive information).
Hierarchical topology views supporting multi-site network displays.
WiFi heatmap visualization with integrated Radio Frequency planner for optimized Access Point deployment.

2.2.4 Configuration Lifecycle

Extensive device configuration life cycle for device configuration changes.
Create infrastructure wide, device software image update for baseline version management.
Configuration lifecycle scheduling (backup/restore and device firmware).

2.2.5 Unified LAN and WLAN

Single console management interface for provisioning and monitoring all licensed devices.
Centralized role-based access policy configuration with integrated authentication policy management.
Advanced BYOD and guest access capabilities with comprehensive configuration and monitoring tools.
Captive portal functionality for guest access and BYOD services.

2.2.6 Network Analytics and Quality of Service

Advanced graphical analytics providing network health insights based on device performance metrics (CPU, memory, temperature) with identification of problematic ALE devices.
Automated generation of business-centric, executive-level graphical analytics reports for network performance.
Identification of Wi-Fi connectivity issues, including DHCP, DNS, and authentication failures, through Quality of Experience measurements.
Visibility into wireless client health and performance metrics.

2.2.7 Omnivista Network Advisor

Network Advisor from the centralized Omnivista Cirrus.

Anomaly Management, Device Association, Rainbow Bubble management, Anomaly Histories.
Real-time notification, remediation actions, AIVA interactions via Rainbow, Create Custom Anomalies.

2.2.8 AIVA Artificial Intelligence

AIVA can retrieve real-time network information directly from the network.

AIVA can answer 'How-To' questions, configuration guidance, troubleshooting steps, or product documentation-related queries.
AIVA supports both Speech-to-Text and Text-to-Speech capabilities and read its responses aloud, providing a hands-free experience for users who prefer voice interaction.
Multi lingual support, Multi-Chat Session.

2.3 Service Delivery

Access to the OmniVista® Cirrus is provided through fully encrypted web browser sessions. Network management traffic between ALE devices and the OmniVista® Cirrus is secured through VPN tunneling services.

3. Service Bundles and Entitlements

3.1 Available Service Bundles

OmniVista® Cirrus offers multiple paid service bundles, each providing distinct levels of functionality and support services as defined in the applicable Service Description documentation. (See Appendix.)

3.2 Service Entitlements

Depending on the subscribed service bundle, entitlements may include:

ALE Device management capabilities
Firmware support and updates
Defective ALE Device replacement services
Technical support services as specified in the Support Services for Network Products - Service Essential documentation (See Appendix.)

3.3 Hosted Licensing Model

Services are delivered through Hosted Licenses made available on the ALE-managed cloud platform. Each hosted license entitles the subscriber to the services specified in the applicable service bundle for one ALE device. Binding a Cloud License to an ALE Device makes that device eligible for the Service.

4. Supported Equipment and Geographic Availability

4.1 Supported Devices

OmniVista® Cirrus supports ALE network devices as listed in the OmniVista® Cirrus Supported Equipment list. (See Appendix.) This list is:

Accessible through MyPortal and OmniVista® Cirrus web portal
Subject of updates by ALE without prior notice
Limited to ALE Devices available within the Configuration Pricing Quotation tool

The number of ALE Devices is limited to the Configuration Pricing Quotation tool.

4.2 Device Support Lifecycle

The OmniVista® Cirrus Business bundle grants access to OmniVista® Cirrus cloud Service and Business Partner support on the associated ALE Device for the duration of the Subscription. The OmniVista® Cirrus PRM bundle grants access to OmniVista® Cirrus cloud Service and End-Customer support on the associated ALE Device for the duration of the Subscription. The underlying ALE Device lifecycle is not governed by its OmniVista® Cirrus Subscription; each ALE Device independently governs its lifecycle. Support for an ALE Device generally continues up to five (5) years following the end of sales date. Once an ALE Device enters end of life, support and warranty are no longer available. For each valid OmniVista® Cirrus Subscription, the End-Customer must map the remainder of the Subscription to an equivalent suggested replacement to continue claim of support and warranty.

4.3 Geographic Restrictions

OmniVista® Cirrus Services are available only in territories specified in the OmniVista® Cirrus Country Availability List. (See Appendix). This list:

It is accessible through the Business Portal and OmniVista® Cirrus portal.
May be updated by ALE with thirty (30) days’ prior notice via eFlash or other communication methods.

ALE Business Partners must comply with territorial restrictions outlined in the Agreement.

5. Subscription Terms and Conditions

5.1 Subscription Type

5.1.1 Base / Business / Premium

This license is necessary to onboard the APs and AOS switches to OmniVista Cirrus. Based on the subscription bundle type support service is provided.

5.1.2 Feature License.

The subscription license is termed as a feature license if it is used for managing 3^rd party devices, AOS6X devices, Network Advisor edge and AI license. These feature licenses can also be used in Base, Business or Premium Subscription.

5.1.2.1 AOS6X:

This license is necessary to onboard the AOS6X devices. ALE provides support services equivalent to Base Level service for AOS6X Feature license and not for products bound to feature licenses.

Part Number: OVCX-ASL-MGT-nY || OVCX-ASL-MGT-1M

Where n = Subscription Duration.

Subscription Usage: New subscription creation, Add-On and Renewal.

5.1.2.2 Network Advisor Edge:

This license is necessary to use the Network Advisor Edge feature which is integrated into Omnivista Cirrus. ALE provides support services equivalent to Base Level service for Network Advisor Edge Feature license and not for products bound to feature licenses.

Part Number: OVCX-NAE-ND-nY || OVCX-NAE-ND-1M

Where n = Subscription Duration.

Subscription Usage: Add-On, Renewal.

5.1.2.3 AI Feature License:

The license provides 5000 AI credits to the AI credit pool. It is not associated to any devices and will add only the credits to the AI Pool for the AIVA to get consumed. The credits added through this AI Feature license will remain forever until it is consumed and as long as the OVCX Subscription remains active for the user to access AIVA.

Any remaining AI Credits in the OmniVista Cirrus will get terminated at the end of support of AI License.

Part Number: OVCX-AIF-CC-5K

Usage: Add-On

5.2 Subscription Duration

Subject to payment of all applicable fees, Subscriptions are available in the following term lengths:

One (1) Month
One (1) year
Three (3) years
Five (5) years

A Subscription starts from the moment You activate the service.

5.3 Subscription Activation

Upon End-Customer acceptance of the OmniVista® Cirrus End-Customer Terms of Use, the Subscription becomes effective for the selected subscription duration, after activation of the Subscription.

Business Partner shall ensure that each purchased End-User Subscription is activated within six (6) months of the date End-User purchases the Subscription. If End-User fails to activate the Subscription within six (6) months of purchase, the Term shall automatically commence on the seventh (7) month following the purchase date, regardless of whether the End-User has accessed the Service.

when the Business Partner activates an OmniVista® Subscription via Subscription Manager, the Subscription shall be activated by the Business Partner via the OmniVista® platform from the License Management page within a maximum of six (6) months after the ordering; this delayed activation is only possible during the first ordering for an End-User purchase, giving time to the Business Partner to receive the Hardware items and/or configure the End-Customer's solution; or
when the OmniVista® Subscription has not been activated within six (6) months from order date, ALE notifies the Business Partner by email about the automatic activation of the Subscription with a minimum two (2) weeks’ prior notice.

5.4 License Provisioning

Hosted licenses are provisioned in the End-Customer's OmniVista® Cirrus account
Provisioning typically occurs within one (1) business day from Subscription confirmation
A Subscription activation code is issued to enable license activation after Subscription configuration

5.5 Device License Binding

End-Customers may bind Hosted Licenses to ALE Device serial numbers. During the Subscription, You can bind and unbind Hosted Licenses to and from ALE Devices. Each bound ALE Device receives service entitlements according to the purchased service bundle.

6. Subscription Management

6.1 Adding Licenses

End-Customers are allowed at any time to add new Hosted Licenses to an existing Subscription through an authorized Business Partner. Additional licenses follow the same ordering process as initial Subscriptions.

6.2 Co-Termination Options

When adding licenses, the following options apply and can be selected at the time of the add-on operation:

Co-Termination Option: Co-termination is a licensing option where Your subscription is extended so that all licenses terminate on the same end date. The extension calculation is based on:

Existing volume and days remaining: The number of currently licensed devices and how many days are left until their expiration.
New volume and years ordered: The number of new ALE Devices being added and the license term You’re purchasing.

These factors are combined in a device-weighted calculation that determines a single shared co-termination date for Your entire organization, ensuring all licenses expire and renew together on one (1) consolidated date.

No Co-Termination Option: Each license addition is managed independently with its specific end date based on volume and years ordered. Each add-on extension will be managed independently, with its end date based on the duration selected at the time of the operation.

Co-termination and no-co-termination models are mutually exclusive and must be selected during the first add-on. The mode of operation cannot be changed later.

6.3 Subscription Renewal

You are allowed to renew any or all Subscriptions for either one (1), three (3), or five (5) years.
Ninety (90) days before the end of a Term, ALE will notify You of the subscription’s expiration. You should then require your Service Supplier to place a renewal Subscription in the then-current conditions.

Renewal Period: Renewal may be exercised at any time after initial subscription activation or starting ninety (90) days before expiration and ending ninety (90) days after expiration.

Renewal Effective Date: The starting date of any renewal is the end date of the previous subscription. In such case, the starting date of the renewal is deemed to be the end date of the previous Subscription.

6.4 Subscription Extension Grace Period

ALE grants a Subscription extension of ninety (90) days as a grace period at the end of the Subscription to enable last-minute purchases of licenses to extend the Subscription. In such a case, the starting date of the renewal is deemed to be the end date of the previous Subscription, not the date of the end of the Grace Period.

7. Trial Services

7.1 OmniVista® Cirrus Trial

A free, time-limited trial is available to evaluate the OmniVista® Cirrus with a limited number of ALE devices for a limited amount of time. Trial accounts may be created through the OmniVista® Cirrus registration portal by End-Customers or by business partners on their behalf.

7.2 Trial to Paid Conversion

End-Customers can obtain OmniVista® Cirrus by first signing up for OmniVista® Cirrus Trial and/or then upgrading to paid subscriptions through authorized business partners at any time during or after the trial period.

8. Access and Authentication

8.1 Registration Portal

The OmniVista® Cirrus Registration Portal is accessible as a public website and provides:

Information about OmniVista® Cirrus services
Trial and paid service registration capabilities
Access to the OmniVista® Cirrus platform

8.2 End-Customer Access Requirements

To access and use the features of OmniVista® Cirrus paid Service, You acknowledge and agree that each of Your Users will have to provide us (including ALE, if you have purchased the Service from an Authorized Reseller) with their name, surname, and email address. End-Customers must accept the OmniVista® Cirrus End-Customer Terms of Use before activating their Hosted Licenses. Acceptance of the Terms of Use enables End-Customers to:

Open and manage service requests
Access technical information about ALE Devices
Utilize subscribed Service bundle features

8.3 Password and Account Security

For connecting to OmniVista® Cirrus, User(s) will be required to use a password. You agree that Your User’s use of the OmniVista® Cirrus shall be at Your sole risk and that You are fully responsible and liable (i) for ensuring that Your Users maintain the confidentiality of such password, and (ii) for any activities that occur under any such password as well as for any loss or damage or payment incurred by Service Supplier or any third party due to the use of password of Your Users or account by someone else. You agree to notify the Service Supplier immediately of any unauthorized use of any User’s password and/or account or any breach of security.

9. Support Services

9.1 OmniVista® Cirrus Support

Support for the OmniVista® Cirrus platform is provided according to the subscribed Service bundle as specified in the Service Description.

9.2 Hardware and Firmware Support

Hardware and firmware support Services for ALE Devices depend on the subscribed service bundle and are governed by:

Support Services for Network Products - Service Essential for Business Partners, or
Support Services for Network Products - Service Essential for End-Customers.

10. Service Termination and Expiration

10.1 Subscription Termination

Unless additional Cloud Licenses have been purchased, a Subscription terminates upon expiration of the term for the set of Cloud Licenses of the initial Subscription, unless:

Additional Hosted Licenses have been purchased with co-termination, extending the Subscription, or
The Subscription has been renewed for an additional term.

10.2 Effects of Termination

Upon termination or expiration of a Subscription after grace period:

All licenses terminate or expired.
Users can login OmniVista Terra but will have an option only to add license.
Users cannot navigate to other options and also cannot upgrade.
Devices can no longer connect to OmniVista Cirrus.
- OmniAccess Stellar Access Points will get reset and revert to express mode with factory default configuration.
- Omniswitch will still retain the configuration that it received from OmniVista Cirrus.
OmniVista Cirrus will retain the configuration.

11. Service Level Agreement

The SLA terms below will remain constant for the use of the OmniVista Cloud 24/7 during the initial term of the Subscription. However, when a Subscription is renewed, the then-current version of this SLA as of the time of renewal will apply throughout the full renewal term.

11.1 Service Commitment

ALE will make commercially reasonable efforts to make its OmniVista® Cirrus available with a Monthly Uptime Percentage of at least 99.5%, excluding planned service maintenance.

If OmniVista® Cirrus does not meet this SLA uptime commitment, End-Customer is eligible for a Service Credit as follows:

Uptime	Days Credited
< 99.5%	3

11.2 Definitions

“Availability” means the ability to log in and perform operations by means of the OmniVista® Cirrus Network Management Services Platform.
“Claim” means a claim for a Service Credit submitted by an End-Customer by opening a support case with OmniVista® Cirrus, on the basis that OmniVista® Cirrus NMS has not been Available during a Subscription.
“Customer” means the End-Customer–whether an individual or corporate entity–who is the end-user of the OmniVista® Cirrus NMS.
“Incident” means any set of circumstances resulting in the Unavailability of the OmniVista Cirrus NMS at any time, consistent with the Service Level commitments. An Incident, for purposes of submitting and determining the validity of a Claim, shall not be based on any SLA Exclusions.
“Monthly Uptime Percentage” means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
“Service Credit” means the calculation as set forth below and in the table above that Service Supplier may credit back to the End-Customer account upon submission of a validated SLA Claim. Service Credit will not be exchanged or converted into monetary compensation.

11.3 Services Credits

To receive a Service Credit, the End-Customer must notify the Service Supplier and submit a Claim within thirty (30) days of the Incident that would be the basis for the claim.
To be eligible, the Claim must include (a) the dates, times, description and duration of each Incident experienced, (b) the End-Customer’s name and OmniVista® Cirrus instances that were running and affected during the time of each Incident; (c) network trace routes and URL(s) affected by the Incident, and that document the errors and corroborate the claimed Unavailability (any confidential or sensitive information should be removed).
Failure to provide a timely Claim, which includes all the required information, will disqualify the Claim from receiving a Service Credit. If the Service Supplier validates the Claim, they will issue the Service Credit.

11.4 Services Credit Provisions

Service Credits are the sole and exclusive remedy for any violation of the service level commitments (including with respect to any Incident or any unavailability). Service Credits shall be a credit toward future Services only and not entitle the End-Customer to any refund or other payment from Service Supplier. Service Credits may not be transferred or applied to any other account, nor exchanged for, or converted to monetary amounts.

11.5 SLA Exclusions

This SLA does not apply to any Availability or Unavailability of the OmniVista® Cirrus:

Caused by factors outside of Service Supplier or ALE reasonable control, including but not limited to any force majeure event or interruption or impediment to Internet access or related problems beyond the demarcation point of OmniVista® Cirrus and its cloud-infrastructure suppliers, third-party internet access failures, third-party carrier issues that are outside Service Supplier’s or ALE’s control and denial-of-service attacks and hacking.
That results from End-Customer equipment, software, or other technology, and/or third-party equipment, software, or other technology (other than third-party equipment within our direct control).
That resulted from performing announced service maintenance and platform upgrades.
Associated with beta and trial Services accounts.
That results from any actions or inactions from End-Customer or any third party, including employees, agents, contractors, or vendors, or anyone gaining access to OmniVista® Cirrus Cloud by means of End-Customer’s passwords or equipment
Arising from the suspension and termination of the right to use OmniVista® Cirrus Services.

Service Supplier may, but is not obligated to, issue a Service Credit in its sole discretion where the use of the Cloud Services Platform may be Unavailable due to factors other than expressly provided here in this SLA.

11.6 Services Credit Provisions

Service Credits are the sole and exclusive remedy for any violation of the service level commitments (including with respect to any incident or any lack of Availability). Service Credits shall be a credit toward future services only and not entitle the End-Customer to any refund or other payment from Service Supplier. Service Credits may not be transferred or applied to any other account, nor exchanged for, or converted to monetary amounts.

12. Data Retention

The stored content as then existing will be retained by ALE to the extent required and necessary to comply with any law and related retention obligations applicable to ALE.

13. No Refunds

Should a Business Partner or End-Customer terminate a Subscription early, there is no refund of the payment, or any portion thereof, for such Subscription.

14. Continued Service Provision

ALE is entitled to provide, either itself or through another Business Partner, OmniVista® Cirrus to the End-Customer for the Term of the Subscription without Business Partner approval.

15. Pricing and Payment Terms

15.1 Pricing Structure

Pricing for OmniVista® Cirrus subscriptions, including added or renewed hosted licenses, is based on the current applicable price list in effect at the time of ordering.

15.2 Price Formulae and Discounts

Price formulae and discount rules are outlined in the Agreement and Program Guide. For Distributors, Core Activities and Distribution Discounts do not apply.

15.3 Payment Terms

Payment terms specified in the Agreement apply to all OmniVista® Cirrus payments.

16. Use Rights and Restrictions

16.1 Grant of License

Subject to your compliance with these Terms, Service Supplier hereby grants you permission to use OmniVista® Cirrus paid Services specified in the Agreement. ALE grants Business Partners non-sublicensable Hosted Licenses, except to End-Customers or indirect resellers for their End-Customers, to use Hosted Licenses, which may include, according to the subscribed service bundle, ALE Device management, firmware support, and defective ALE Device replacement.

16.2 Use Restrictions

Your use of the Service is subject to the following restrictions:

Your use of the Service as permitted is solely for use of Your Users, and You are not permitted to resell or charge others for use of or access to the Service unless expressly authorized by ALE, or in any other manner inconsistent with these Terms.
You will not duplicate, transfer, give access to, copy, or distribute Your User account without Service Supplier’s prior written authorization.
You will not attempt to reverse engineering, alter, or modify any part of the Service.

16.3 Prohibited User Conduct

You—for Yourself and Your Users—hereby agree not to:

Use or launch any manual or automated system, including, without limitation, “robots,” that accesses the Service in a manner that sends more request messages to the servers hosting the Service in a given period of time than a human can reasonably produce in the same period
Use request modification tools for altering or reverse engineering ALE’s systems
Engage in any activity that is meant to hack, harm, penetrate, or attack the Service site
Measure, test, health check, or otherwise monitor ALE’s network equipment, servers, or assets hosted on ALE's domain without securing the Service Supplier's permission
Collect or harvest any information, and especially personal data, from or through the Service except information of any User’s Content submission or of Your User’s contact list or Yours or Your Users’ authorized group of Users

17. Service Modifications and Discontinuation

17.1 Service Description Updates

ALE may modify the Service Description with at least thirty (30) days’ prior written notice provided through eFlash or other appropriate communication methods. Modifications apply to new subscriptions only and do not affect existing subscriptions.

17.2 Changes to Service

Any feature of the Service may be enhanced and/or changed at any time by ALE at its sole discretion as long as ALE does not materially reduce the core functionality of the Service, and always in accordance with applicable laws and the notification process set forth in these Terms.

17.3 Discontinuation of Service

ALE may discontinue the Service or any or all features of the Service without any liability to You either:

Immediately, if ALE is required to do so by any ruling of a governmental, regulatory authority, or court, or by law, or
Upon ninety (90) days’ prior written notice to You directly or through the relevant Authorized Reseller if you have not purchased the Service from ALE

17.4 Supported Devices List Updates

The OmniVista® Cirrus Supported Devices list may be updated by ALE without prior notice.

18. Updates and Changes to Service Description

To the extent permitted by applicable law, ALE may update and make changes to this Service Description from time to time. ALE will notify You of any updates via any means at ALE’s election in accordance with applicable law including without limitation by posting onto or making available through an ALE-dedicated website the updates. To the extent required by Your jurisdiction, changes that are not exclusively favorable to You will be communicated to You in writing at least one (1) month prior to the date of implementation. You will be entitled to extraordinary rights of termination in accordance with applicable law. When ALE updates and introduces changes in accordance with the above, You acknowledge and agree that, pursuant to your continued use of the Service, such updates and changes will be enforceable against You.

19. Compliance and Data Privacy

19.1 Legal Compliance

Business Partner acknowledges and agrees that it shall comply with applicable laws and regulations in the country where it resells OmniVista® Cirrus. You will comply with all applicable laws and regulations related to your receipt and use of the Service. You must ensure You have the right to use all features of the Service in Your jurisdiction.

19.2 Data Protection

ALE is committed to protecting and processing all personal information, if any, provided to ALE under this Service Description and will take reasonable precautions to protect and process such personal information in compliance with applicable law as further specified in the ALE Privacy & Data Protection Policy (the “Privacy Policy”).

As a key party in collecting, using, accessing, and/or disclosing personal information of its employees/agents or its End-Customers, Business Partner commits to strictly comply with and abide by the Privacy Policy and all applicable data protection laws. In addition, Business Partner shall ensure that its employees/agents, or its End-Customers as data controllers, comply with the Privacy Policy and with all applicable data privacy laws.

19.3 Personal Data Processing

You acknowledge and agree that You are solely responsible for the accuracy and content of the Personal Data of Your Users. Where we process Personal Data while performing the Service, we will act as data processors under your direction and your responsibility in accordance with applicable Personal Data protection laws. We and You shall each duly observe our respective obligations under all applicable Personal Data protection legislation/regulation and shall inform the other of any requirements under the Personal Data protection legislation of its jurisdiction, if any, and, where necessary, give instructions to the party on how to comply with the respective Personal Data protection legislation.

Without limiting the generality of the foregoing, You will comply with the Personal Data protection laws of Your country of origin, in particular when processing and sending Personal Data to Service Supplier or ALE in the context of using the Service. We and You shall respectively implement appropriate technical and organizational measures to protect Personal Data. ALE undertakes to protect Your Personal Data according to the Privacy Policy.

20. Intellectual Property Rights

20.1 Ownership

The design of the Service along with ALE-created text, scripts, graphics, interactive features, and the like, and the trademarks, service marks, and logos contained therein (collectively, the “Marks”), are owned by or licensed to ALE, subject to copyright and other intellectual property rights under French and foreign laws and international conventions. ALE reserves all rights not expressly granted in and to the Service.

20.2 Use Restrictions

You agree—for Yourself and Your Users—not to engage in the use, copying, or distribution of any part of the Service other than as expressly permitted herein, including any use, copying, or distribution of Content submissions of any third party obtained through the Service for any commercial purposes unless to the extent expressly permitted by such third party.

20.3 Trademark Use

OmniVista® is a trademark and service mark of ALE International and may not be used, in whole or in part, in any manner without ALE’s prior written consent.

20.4 Claims of Copyright Infringement

If You have reason to believe that materials have been used on the site in a way that constitutes copyright infringement, please provide the following information to the ALE International Copyright Agent:

A description of the materials and their location on the site
Your name, surname, telephone number, and email address, and Your company’s corporate name and address (if applicable)
A statement made by You that You believe in good faith that the use of the materials is not authorized
Under penalty of perjury, that You are the copyright owner of the materials, or that You are authorized to act on behalf of the copyright owner, and in that case, the name and signature of the copyright owner authorizing You

The ALE International Copyright Agent may be reached at:

Attn: Legal Department
ALE International
32 avenue Kléber
92707 Colombes
FRANCE

21. Liability and Remedies

21.1 Limitation of Liability (Business Partners)

ALE’s aggregate liability to Business Partners shall not exceed the total amount paid by Business Partner to ALE for the relevant Subscriptions, calculated on a pro-rata basis over the period of twelve (12) months immediately preceding the date giving rise to such liability, less any amounts paid or payable by ALE during such period of twelve (12) months for any prior claims relating to such Subscriptions. For purposes of this provision, “date giving rise to such liability” means the date on which the event causing such liability first occurs, whether as a single occurrence or as part of a series of connected events that are substantively or procedurally related.

21.2 Limitation of Liability (End-Customers)

Except as provided in the Agreement with Service Supplier, to the maximum extent permitted by applicable law, all liability of Service Supplier, its Affiliates, any third-party supplier having been involved in the provision of the Service (including without limitation ALE if and when You have purchased the Service from an Authorized Reseller), and their respective officers, directors, employees, and agents, for claims arising out of, or in connection with, the furnishing, access, use, or inability to use the Service, the Software or the Site shall not exceed an amount equal to the monthly equivalent value of three (3) months of subscription preceding the date giving rise to such liability.

In no event shall Service Supplier’s total liability to You or anyone who uses the Service through Your account exceed the aggregate amount of the monthly equivalent value of three (3) months of subscription paid to the Service Supplier. For purposes of the foregoing provisions, the “date giving rise to such liability” shall be the date when the event causing the liability occurs first, either as a single event or as a series of connected events that are substantively or procedurally related, the limit above being set in the aggregate and not per incident.

21.3 Exclusion of Indirect Damages

ALE shall not be liable for any indirect, consequential, incidental, special, punitive, or consequential damages whatsoever (including damages for loss of business profits, business interruption, loss of business information, any other economic loss, and the like), and more generally for any damage arising out of or in connection with:

Any error, mistake, or inaccuracy of content.
Any use of the Service in any high-risk situations.
Any unauthorized access to or use of our secure servers (including servers of ALE’s third-party hosting providers), and/or any and all personal data and/or financial information stored therein.
Any interruption or cessation of transmission to or from our servers.
Any bug, virus, trojan horse, or the like, including viruses, trojan horses, or the like, which may be transmitted to or through the Service by any third party.
Any error or omission in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Software.
The disclosure of any content submission, whether based on warranty, contract, tort, infringement, or any other legal theory, and whether or not the entities and individuals are advised of the possibility of such damages.

Furthermore, You specifically acknowledge and agree that the Service Supplier shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.

In those countries/states/jurisdictions where exclusion of liability is not allowed but limitation of liability is, any liability referred to in this section shall, under these Terms, whichever the number of claims, be limited as set forth above.

21.4 Exclusive Remedy

The sole and exclusive remedy available to You, in case of failure by ALE to meet the SLAs with respect to any interruption or availability of the hosted Service, shall be a service credit as described in the OmniVista® Paid Bundles Service Description.

22. Warranties and Disclaimers

22.1 Warranty Disclaimer

THE SERVICE AS WELL AS ANY AND ALL THE INFORMATION MADE AVAILABLE BY ALE ON THE SITE (INCLUDING THE SOFTWARE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICE SUPPLIER AND ALE (IF IT IS NOT THE SERVICE SUPPLIER), INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR/YOUR USERS' USE THEREOF.

WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, THE SERVICE SUPPLIER AND ALE DO NOT WARRANT THAT THE SERVICE, THE SOFTWARE, AND ANY OTHER INFORMATION OR MATERIALS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE SITE:

(I) ARE FREE OF ANY ERROR, BUG, OMISSION, MISTAKE, VIRUS, TROJAN HORSE, OR THE LIKE INCLUDING THOSE VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE INCLUDING THROUGH THE ACTIONS OF ANY THIRD PARTY, OR
(II) WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF THE SERVICE WILL MEET YOUR/YOUR USERS' EXPECTATIONS

IN ADDITION, DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, ALE DOES NOT WARRANT THAT THE SERVICE, THE SITE, AND ANY SERVER HOSTING THE SERVICE AND/OR THE SITE WILL BE FREE OF VULNERABILITY TO UNAUTHORIZED ACCESS, UNLAWFUL INTRUSION, OR ATTACK. ALE MAKES NO WARRANTY AS TO THE VALIDITY OR ACCURACY OF ANY CONTENT AND ALE DOES NOT ENDORSE ANY CONTENT SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN.

23. Indemnification

23.1 Business Partner Indemnification

Business Partner agrees to indemnify and hold ALE, and all ALE Affiliates, directors, officers, and employees, harmless from and against any claim from its End-Customers caused or otherwise arising from the non-compliance by Business Partner with its obligations under these terms.

23.2 End-Customer Indemnification

You agree to defend, indemnify, and hold Service Supplier and ALE, including their respective Affiliates, officers, directors, employees, and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from or in connection with:

All matters related to Your/Your User’s use of and access to the Service
Your/Your Users’ violation of any term of these Terms
Your/Your Users’ violation of any third-party right, including without limitation any intellectual property right with regard to Your/their Content submission
Any claim that one of the Content submissions caused damage to a third party

This defense and indemnification obligation will survive Your use of the Service. Without prejudice to the foregoing, ALE 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 ALE’s defense of such claim.

24. Business Partner Responsibilities

The Business Partner shall be responsible for informing its End-Customers of the existence of termination or expiration conditions and for advising and warning End-Customers about the potential adverse consequences of an expiration or termination of the Subscription and the Agreement.

25. Monitoring and Enforcement

25.1 Right to Monitor

Always in strict compliance with and fulfillment of the laws of Your jurisdiction, Service Supplier has the right, but does not assume the obligation, to monitor and investigate violations of any terms and conditions upon which You and Your Users are permitted to use the Service.

25.2 Enforcement Actions

At any time, Service Supplier may take any actions available under applicable law to remedy violations, including with immediate effect based on our reasonable judgment, up to and including:

Warnings
Suspending or terminating access to the Service without prior notice
Disclosing information to law enforcement authorities as Service Supplier reasonably feels is necessary or appropriate

25.3 Termination Rights

In case of violation of any applicable law, regulation, and/or of this Service Description (including without limitation breach of any of Your representations and warranties set forth herein), ALE or Service Supplier may deactivate the involved account(s) (including Your and Your Users’ account) and delete any or all of your and/or your Users’ related data, information, and files. Such action may include, among others, accessing Yours and/or Your Users’ Content or data and/or discontinuing Your and/or Your Users’ use of access to the Service without any liability to You or any third party for doing so and without prejudice to ALE’s right to claim for indemnification of damages in case of termination of your access for breach of this Service Description and/or violation of any applicable law and regulation.

26. Export Controls and Restrictions

26.1 Export Compliance

The Service and Software may be subject to local and extraterritorial export control laws and regulations. You shall comply with all applicable laws and regulations governing use, export, re-export, and transfer of the Service and Software and obtain all required local and extraterritorial authorizations, permits, or licenses.

26.2 Prohibited Access

Unauthorized access and use of the Service is expressly prohibited. Access to and use of password-protected and/or secure areas of the Services is restricted to authorized End-Users only.

27. Product Lifecycle

Each OmniVista Cirrus 10 license will be supported by ALE from the commercial availability until the license’s End of Support date:

The End of Support date will be 5 years after the End of Sales Date.

The End of Sales Date will be announced via an eFlash to Partners.

Partners are responsible for informing End User of End of Sales and End of Support dates.

Appendix:

OmniVista® Cirrus Country Availability List

OmniVista® Cirrus Network Equipment List

OmniVista® Cirrus Terms of Use for End-Customers

Service Essential for End-Customers

Service Essential for Business Partners