MDG Technology For TOGAF Software Product License Agreement

MDG Technology for TOGAF, Enterprise Architect MDG Add-In, Version 3.0.

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 delete the unused SOFTWARE PRODUCT.

The copyright in the SOFTWARE PRODUCT and its documentation is owned by Sparx Systems Pty Ltd, A.B.N 38 085 034 546. 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 License Agreement, unless the contrary intention appears:

"EULA" means this End User License Agreement
"SPARX" means Sparx Systems Pty Ltd A.C.N 085 034 546
"Licensee" means YOU, or the organization (if any) on whose behalf YOU are taking the EULA
"Registered Edition of MDG Technology for TOGAF" means the edition of the SOFTWARE PRODUCT which is available for purchase from the web site: http://www.sparxsystems.com/products/mdg/tech/togaf/purchase.html, following a thirty (30) day free evaluation period
"SOFTWARE PRODUCT" or "SOFTWARE" means MDG Technology for TOGAF, 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 the SOFTWARE PRODUCT, 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 MDG Technology for TOGAF" means the edition of the SOFTWARE PRODUCT which is available free of charge for evaluation purposes for a period of thirty (30) days

GRANT OF LICENSE

In accordance with the terms of this EULA YOU are granted the following rights:

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.
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.
To make copies of the SOFTWARE PRODUCT for backup, archival and instructional purposes.

EVALUATION LICENSE

The Trial Version of MDG Technology for TOGAF 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 thirty (30) days.

Upon expiration of the thirty (30) day evaluation period, the SOFTWARE PRODUCT must be removed from the computer. Unregistered use of MDG Technology for TOGAF 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 license must be purchased (as described at http://www.sparxsystems.com/products/mdg/tech/togaf/purchase.html). Upon payment of the license fee, YOU will be sent details of where to download the registered edition of MDG Technology for TOGAF and will be provided with a suitable software 'key' by email.

ADDITIONAL RIGHTS AND LIMITATIONS

YOU hereby undertake not to sell or sub-license the SOFTWARE PRODUCT other than as expressly authorized by this EULA.

NO WARRANTY. The SOFTWARE PRODUCT is provided "AS IS", without warranty of any kind, and SPARX expressly disclaims all warranties and/or conditions with respect to the SOFTWARE PRODUCT, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third party rights.

LIMITATION

Under no circumstances shall SPARX be liable for any incidental, special, indirect or consequential damages arising out of or relating to this license or YOUR use, reproduction, modification, distribution of the SOFTWARE PRODUCT, or any portion thereof, whether under a theory of contract, warranty, strict liability or otherwise, even if the copyright holder has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy.

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 licenses. Windows, Windows XP, Windows 2003 Server, Windows 2008 Server, Windows Vista, Windows 7 and Windows 8 are trademarks of Microsoft®.

GOVERNING LAW

This agreement shall be construed in accordance with the laws of the Commonwealth of AUSTRALIA, in the state of Victoria.