RaQuest - Requirements Management Tool for Enterprise Architect
End User License Agreement (EULA)
Copyright © 2004-2023 Sparx Systems Japan Co., Ltd. All Rights Reserved.
IMPORTANT - READ CAREFULLY:
This End User License Agreement is a legal agreement between you (an individual person) as the licensee of the SOFTWARE PRODUCT and Sparx Systems Japan Co., Ltd. as owner of the SOFTWARE PRODUCT.
By installing, copying, or otherwise using any version of the SOFTWARE PRODUCT, however obtained, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA immediately cease to use the SOFTWARE PRODUCT.
Your use of the SOFTWARE PRODUCT indicates your acceptance of this EULA and warranty. The EULA applies to all versions of the SOFTWARE PRODUCT, regardless of age, and may be updated at any time without notification to YOU, so please refer to this document from time to time.
The copyright in all versions of the SOFTWARE PRODUCT and its associated documentation is owned by SPARXJP, and is software that is licensed, not assigned to YOU. The license may be revoked. All rights not explicitly licensed to YOU are reserved to SPARXJP without limitation.
Subject to the terms of this EULA, YOU are granted a non-exclusive license to use the SOFTWARE PRODUCT, exclusively on the terms of this agreement. For the avoidance of doubt, YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA.
In this End User License Agreement, the following terms apply unless otherwise specified,
2. GRANT OF LICENSE IN THE SOFTWARE PRODUCT
Subject to clause 3 below and in accordance with the terms of this EULA, YOU are granted these rights:
3. STANDARD, FLOATING AND ANNUAL STANDARD LICENSES IN THE REGISTERED VERSION OF SOFTWARE PRODUCT
There are three licenses available for the Registered Version of SOFTWARE PRODUCT.
4. TRIAL VERSION OF SOFTWARE PRODUCT - GRANT OF EVALUATION LICENSE
The Trial Version of SOFTWARE PRODUCT is not 'free' software, it is licensed to YOU for evaluation purposes only. Subject to the terms of this agreement, YOU are hereby licensed to use the Trial Version of SOFTWARE PRODUCT for evaluation purposes without charge for a period described in SPARXJP website, from the date the Trial Version of SOFTWARE PRODUCT is first installed on your device or computer.
Upon expiration, the Trial Version of SOFTWARE PRODUCT must be removed from the device or computer. Continued unregistered use of the Trial Version of SOFTWARE PRODUCT after the evaluation period is in violation of Japan, Australian, U.S. and international copyright laws.
After the evaluation period has elapsed, a license to use the Registered Version of SOFTWARE PRODUCT must be purchased (as described at https://www.raquest.com/).
Upon payment of the license fee, YOU will be sent details on where to download the Registered Version of SOFTWARE PRODUCT and will be provided with suitable license key(s) by email.
5. ADDITIONAL RIGHTS AND LIMITATIONS
All rights not expressly granted to YOU are reserve by SPARXJP. For the avoidance of doubt, and without limitation:
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.
Without prejudice to any other rights, SPARXJP 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 SPARXJP.
8. WARRANTIES AND LIABILITY
SPARXJP warrants that:
9. EXCLUSION OF LIABILITY
To the maximum extent permitted by law, SPARXJP 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:
10. LIMITATION OF LIABILITY
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 applicable 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 SPARXJP for any breach of such term shall, if permitted by legislation, be limited, at SPARXJP'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, SPARXJP shall at its discretion shall provide:
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, Windows 8, Windows 10 and Windows 11 are trademarks of Microsoft.
12. PRIVACY AND CONTACT
13. GOVERNING LAW
This agreement shall be construed in accordance with the laws of Japan.