SOFTWARE PRODUCT LICENSE AGREEMENT
MDG Technology for Zachman Framework - Enterprise Architect MDG Add-In, Version 1.1
Copyright (C) 2007-2008 Sparx Systems Pty 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 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.
"SOFTWARE PRODUCT" or "SOFTWARE" means MDG Technology for Zachman Framework, which includes computer software and associated media and printed materials, and may include online or electronic documentation.
GRANT OF LICENSE
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.
c) To make copies of the SOFTWARE PRODUCT for backup, archival and instructional purposes.
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" basis, 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 comply with the respective guidelines and Licenses.
Windows, Windows NT, Windows ME, Windows XP, Windows Vista, Windows 2000 and Windows 2003 are trademarks of Microsoft.
The Zachman Framework for Enterprise Architecture is a trademark of John A. Zachman and Zachman International.
GOVERNING LAW
This agreement shall be construed in accordance with the laws of the Commonwealth of AUSTRALIA, in the state of Victoria.
