SOFTWARE PRODUCT LICENCE AGREEMENT
RaQuest - Requirements Management tool for Enterprise Architect
Copyright (C) 2004-2008 SparxSystems Japan Co.,Ltd. All Rights Reserved
IMPORTANT-READ CAREFULLY: This End User License 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 SparxSystems Japan. 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 SparxSystems Japan Co,.Ltd.
"Licensee" means YOU, or the organization (if any) on whose behalf YOU are taking the EULA.
"Registered Version of RaQuest" means the version of the SOFTWARE PRODUCT which is available for purchase from the web site: (http://www.raquest.com/). following the thirty day free evaluation period.
"SOFTWARE PRODUCT" or "SOFTWARE" means RaQuest, 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 RaQuest, 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 Version of RaQuest" means the version of the SOFTWARE PRODUCT which is available free of charge for evaluation purposes for a period of 30 days.
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.
EVALUATION LICENCE.
The Trial version of RaQuest 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 specified period.
Upon expiration, the Software Product must be removed from the computer. Unregistered use of RaQuest after evaluation period is in violation of Japan, 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 evaluation period a license must be purchased (as described at http://www.raquest.com/). Upon payment of the license fee, YOU will be sent details on where to download the registered version of RaQuest and will be provided with a suitable software 'key' by email.
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-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA.
YOU further undertake not to reproduce or distribute license key-codes except under the express and written permission of SPARX.
If the Software Product purchased is an Academic License, YOU ACKNOWLEDGE THAT the license is limited to use in an educational context, either for self-education or use in a registered teaching institution. The Academic License 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 license 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.
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.
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 98, Windows NT, Windows ME, Windows XP and Windows 2000 are trademarks of Microsoft.
GOVERNING LAW
This agreement shall be construed in accordance with the laws of Japan.
