SOFTWARE
PRODUCT LICENCE AGREEMENT
Enterprise Architect - UML CASE Tool - Desktop,
Professional and Corporate Editions, Version 3.60
Copyright (C) 1998-2004
Sparx Systems Pty Ltd.
All Rights Reserved IMPORTANT-READ
CAREFULLY: This End User Licence Agreement ("EULA") is a legal agreement
between YOU as Licensee and SPARX for the SOFTWARE PRODUCT identified above. By
installing, copying, or otherwise using the SOFTWARE PRODUCT, YOU agree to be
bound by the terms of this EULA. If YOU do not agree to the terms of this EULA,
promptly return the unused SOFTWARE PRODUCT to the place of purchase for a full
refund.
The copyright in the SOFTWARE PRODUCT and its documentation is owned
by Sparx Systems Pty Ltd A.C.N 085 034 546. Subject to the terms of this EULA,
YOU are granted a non-exclusive right for the duration of the EULA to use the
SOFTWARE PRODUCT. YOU do not acquire ownership of copyright or other intellectual
property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA.
Your use of this software indicates your acceptance of this EULA and warranty.
DEFINITIONS
In this End User Licence Agreement, unless
the contrary intention appears,
"ACADEMIC EDITION" means an edition
of the Software Product purchased for educational purposes at an academic discount
price.
"EULA" means this End User Licence Agreement
"SPARX"
means Sparx Systems Pty Ltd A.C.N 085 034 546
"Licensee" means YOU,
or the organisation (if any) on whose behalf YOU are taking the EULA.
"Registered
Edition of Enterprise Architect" means the edition of the SOFTWARE PRODUCT
which is available for purchase from the web site: <http://www.sparxsystems.com.au/ea_purchase.htm>.
following the thirty day free evaluation period.
"SOFTWARE PRODUCT"
or "SOFTWARE" means Enterprise Architect, UML Case Tool, Desk top, Professional
and Corporate editions, which includes computer software and associated media
and printed materials, and may include online or electronic documentation.
"Support Services" means email based support provided by SPARX, including
advice on usage of Enterprise Architect, investigation of bugs, fixes, repairs
of models if and when appropriate and general product support.
"SPARX
support engineers" means employees of SPARX who provide on-line support services.
"Trial edition of Enterprise Architect" means the edition of the SOFTWARE
PRODUCT which is available free of charge for evaluation purposes for a period
of 30 days.
"EA LITE" means the LITE version of Enterprise Architect
that is distributed free of charge as a read-only viewer of .EAP files. GRANT
OF LICENCE
In accordance with the terms of this EULA YOU are granted the following
rights:
a) to install and use one copy of the SOFTWARE PRODUCT, or in its
place, any prior version for the same operating system, on a single computer.
As the primary user of the computer on which the SOFTWARE PRODUCT is installed,
YOU may make a second copy for your exclusive use on either a home or portable
computer.
b) to store or install a copy of the SOFTWARE PRODUCT on a storage
device, such as a network server, used only to install or run the SOFTWARE PRODUCT
over an internal network. If YOU wish to increase the number of users entitled
to concurrently access the SOFTWARE PRODUCT, YOU must notify SPARX and agree to
pay an additional fee.
c) to make copies of the SOFTWARE PRODUCT for backup
and archival purposes.
d) to use the SOFTWARE PRODUCT strictly in accordance
with the provisions of this EULA.
EVALUATION LICENCE.
The Trial version of Enterprise Architect is not free software. Subject to
the terms of this agreement, YOU are hereby licensed to use this software for
evaluation purposes without charge for a period of 30 days.
Upon expiration
of the 30 days, the Software Product must be removed from the computer. Unregistered
use of Enterprise Architect after the 30-day evaluation period is in violation
of Australian, U.S. and international copyright laws.
SPARX may extend the
evaluation period on request and at their discretion.
If YOU choose to use
this software after the 30 day evaluation period a licence must be purchased (as
described at http://www.sparxsystems.com.au/ea_purchase.htm). Upon payment of
the licence fee, YOU will be sent details on where to download the registered
edition of Enterprise Architect and will be provided with a suitable software
'key' by email.
EA LITE
Subject to the terms
of this Agreement EA LITE may be installed on any machine indefinitely and free
of charge. There are no fees or Sparx support services in relation to EA LITE.
ADDITIONAL
RIGHTS AND LIMITATIONS.
YOU hereby undertake not to sell, rent, lease, translate,
adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative
works of, modify, sub-licence, loan or distribute the SOFTWARE PRODUCT other than
as expressly authorised by this EULA.
YOU further undertake not to reproduce
or distribute licence key-codes except under the express and written permission
of SPARX .
YOU hereby agree to supervise and control the use of the SOFTWARE
PRODUCT in accordance with the terms of this EULA and to ensure that any person
(including your organisation's employees) entitled and authorised to have access
to the SOFTWARE PRODUCT are made aware of the terms of this EULA.
YOU further
agree not to provide or otherwise make available the SOFTWARE PRODUCT in any form
or to any person than as expressly authorised by this EULA, without the prior
written consent of SPARX.
If the Software Product purchased is an Academic
Edition, YOU ACKNOWLEDGE THAT the licence is limited to use in an educational
context, either for self-education or use in a registered teaching institution.
The Academic Edition may not be used to produce commercial software products or
be used in a commercial environment, without the express written permission of
SPARX. ASSIGNMENT
YOU may only assign all your rights
and obligations under this EULA to another party if YOU supply to the transferee
a copy of this EULA and all other documentation including proof of ownership.
Your licence is then terminated. TERMINATION
Without
prejudice to any other rights, SPARX may terminate this EULA if YOU fail to comply
with the terms and conditions. Upon termination YOU or YOUR representative shall
destroy all copies of the SOFTWARE PRODUCT and all of its component parts or otherwise
return or dispose of such material in the manner directed by SPARX. WARRANTIES
AND LIABILITY.
WARRANTIES
SPARX warrants that
the SOFTWARE PRODUCT
will perform substantially in accordance with the accompanying written materials
for a period of ninety (90) days from the date of receipt, and
any Support
Services provided by SPARX shall be substantially as described in applicable written
materials provided to YOU by SPARX, and SPARX support engineers will make commercially
reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.
YOU acknowledge that notwithstanding anything to the contrary in this EULA the
SOFTWARE PRODUCT cannot be guaranteed error or virus free and you further acknowledge
that the existence of any such errors in, or viruses associated with the use of,
the SOFTWARE PRODUCT does not constitute a breach of this EULA. EXCLUSIONS
To the maximum extent permitted by law, SPARX excludes, for itself and for any
supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all
claims , expenses, losses, damages and costs made against or incurred or suffered
by YOU directly or indirectly (including without limitation lost costs, profits
and data) arising out of:
YOUR use or misuse of the SOFTWARE PRODUCT;
YOUR inability to use or obtain access to the SOFTWARE PRODUCT;
Negligence
of SPARX or its employees, contractors or agents, or of any supplier of software
incorporated in the SOFTWARE PRODUCT, in connection with the performance of SPARX'S
obligations under this EULA; or
Termination of this EULA by either party
for any reason. LIMITATION
The SOFTWARE PRODUCT and
any documentation are provided "AS IS" and all warranties whether express,
implied, statutory or otherwise, relating in any way to the subject matter of
this EULA or to this EULA generally, including without limitation, warranties
as to: quality, fitness; merchantability; correctness; accuracy; reliability;
correspondence with any description or sample, meeting your or any other requirements;
uninterrupted use; compliance with any relevant legislation and being error or
virus free are excluded. Where any legislation implies in this EULA any term,
and that legislation avoids or prohibits provisions in a contract excluding or
modifying such a term, such term shall be deemed to be included in this EULA.
However, the liability of SPARX for any breach of such term shall if permitted
by legislation be limited, at SPARX'S option to any one or more of the following
upon return of the SOFTWARE PRODUCT and a copy of the receipt: If
the breach relates to the SOFTWARE PRODUCT:
the replacement of the SOFTWARE
PRODUCT or the supply of an equivalent SOFTWARE PRODUCT;
the repair of such
SOFTWARE PRODUCT; or
the payment of the cost of replacing the SOFTWARE PRODUCT
or of acquiring an equivalent SOFTWARE PRODUCT; or
the payment of the cost
of having the SOFTWARE PRODUCT repaired; If the breach
relates to services in relation to the SOFTWARE PRODUCT:
the supplying of
the services again; or
the payment of the cost of having the services supplied
again. COPYRIGHT
YOU acknowledge that the SOFTWARE
PRODUCT and any documentation provided to you in association with the SOFTWARE
PRODUCT are the subject of copyright. You agree that you will not during any time
after the expiry or termination of this EULA permit any act which infringes that
copyright and, without limiting the generality of the foregoing, you specifically
acknowledge that you may not copy the SOFTWARE PRODUCT except and otherwise expressly
authorised by this EULA. You further acknowledge that any documentation provided
to you in association with the SOFTWARE PRODUCT may not be copied under any circumstances.
Additional copies of such documentation may be acquired from SPARX. You agree
that you will indemnify SPARX fully against all liabilities, costs and expenses
which SPARX may incur to a third party as a result of your breach of the copyright
provisions of this EULA. TRADEMARKS
All names of products
and companies used in this EULA, the SOFTWARE PRODUCT, 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 licences. Windows, Windows
95, Windows 98, Windows NT, and Windows 2000 are trademarks of Microsoft. WAIVER
Failure or neglect by either you or SPARX to enforce at any time any of the provisions
of this EULA will not be construed or deemed to be a waiver by you or SPARX (as
the case may be) of your or SPARX's rights under this EULA. GOVERNING
LAW
This agreement shall be construed in accordance with the laws of the Commonwealth
of AUSTRALIA. |
