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archiSpark neat (neat enterprise architecture tool) version 1.3
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Copyright © 2015 archiSpark Sp. z o.o. [LLC]. All Rights Reserved.
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IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between YOU as Licensee and archiSpark Sp. z o.o. 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.
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The copyright in the SOFTWARE PRODUCT and its documentation is owned by archiSpark Sp. z o.o. 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.
1. DEFINITIONS
In this End User License Agreement, unless the contrary intention appears:
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."EULA" means this End User License Agreement
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.“archiSpark” or “archiSpark Sp. z o.o.” means archiSpark Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with its seat in Poland,40-772 Katowice, 200D Panewnicka Street, entered into the Register of Entrepreneuers of the National Court Register (Krajowy Rejestr Sądowy) kept by the District Court for Katowice-Wschód, VIII Commercial Division of the National Court Register, under KRS number 0000439733, NIP number 6342809937, REGON number 242956679, with the share capital of Polish zlotys 10.000,00 (ten thousand).
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·"Licensee" means YOU, or the organization (if any) on whose behalf YOU are accepting the EULA.
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·"SPARX" means Sparx Systems Pty Ltd, Po Box 12,Creswick,Victoria, 3363, Australia A.C.N 085 034 546
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.“Enterprise Architect” means computer software Enterprise Architect created by SPARX.
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·"SOFTWARE PRODUCT" or "SOFTWARE" means archiSpark neat (neat enterprise architecture tool) version 0.9, a computer software third party add-in for Enterprise Architect. SOFTWARE PRODUCT includes computer software, associated media, and may include online or electronic documentation.
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·"Registered Edition of archiSpark neat (neat enterprise architecture tool)" means the edition of the SOFTWARE PRODUCT which is available for purchase from the website: (http://neat.archispark.com), following a 15 day free evaluation period.
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."Trial edition of archiSpark neat (neat enterprise architecture tool)" means the edition of the SOFTWARE PRODUCT which is available free of charge for evaluation purposes for a period of 15 days.
2. GRANT OF LICENSE
2.1 In accordance with the terms of this EULA YOU are granted the following rights:
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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;
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b) to make copies of the SOFTWARE PRODUCT for backup, archival and instructional purposes only.
3. EVALUATION LICENSE
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3.1 The Trial edition of archiSpark neat (neat enterprise architecture tool) is not free software. Subject to the terms of this EULA, YOU are hereby licensed to use this software for evaluation purposes without charge for a period of 15 days, after activation of The Trial version of archiSpark neat (neat enterprise architecture tool) with the proper software “key”, sent to YOU via e-mail.
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3.2 Upon expiration of the 15 days, the SOFTWARE PRODUCT must be removed from the computer. Unregistered use of The Trial edition of archiSpark neat (neat enterprise architecture tool) after the 15-day evaluation period is in violation of Polish and international copyright laws.
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3.3 archiSpark may extend the evaluation period upon your request and at their own discretion.
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3.4 If YOU choose to use this SOFTWARE PRODUCT after the 15 day evaluation period, a license must be purchased (as described, at http://neat.archispark.com). Upon payment of the license fee, YOU will be provided with the proper software registration 'key', by e-mail, for the activation of the Registered edition of archiSpark neat (neat enterprise architecture tool).
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3.5 Usage of The Trial edition of archiSpark neat (neat enterprise architecture tool) for the 15 day evaluation period is a condition which must be fulfilled to purchase the SOFTWARE PRODUCT license. By purchasing the SOFTWARE PRODUCT license, YOU hereby declare, that YOU have not encountered any problems with usage of the SOFTWARE PRODUCT during the evaluation period.
4. SOFTWARE MAINTANANCE
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4.1 During a 1 year period from the time of purchase of the SOFTWARE PRODUCT license, archiSpark shall provide YOU, without a charge, with any new, corrected or enhanced version of the SOFTWARE PRODUCT. Such enhancement shall include all modifications to the SOFTWARE PRODUCT which increase the speed, efficiency or ease of use of the SOFTWARE PRODUCT, or add additional capabilities or functionality to the SOFTWARE PRODUCT (update), and also shall include any substantially new or rewritten versions of the SOFTWARE PRODUCT (upgrade). (Standard Maintenance)
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4.2 After expiration of the Standard Maintenance period, YOU are allowed to use the SOFTWARE PRODUCT but YOU will no longer receive Standard Maintenance support. To receive Standard Maintenance support YOU shall purchase the latest version of the SOFTWARE PRODUCT from archiSpark’s website (http://neat.archispark.com).
5. LIMITATIONS
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5.1 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 or any of its components, other than as expressly authorized by this EULA.
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5.2 YOU further undertake not to reproduce or distribute license key-codes without obtaining prior and written permission of archiSpark.
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5.3 Under no circumstances shall archiSpark be liable for any incidental, purposeful, indirect or consequential damages arising out of or relating to this EULA or YOUR use, reproduction, modification, or distribution of the SOFTWARE PRODUCT.
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5.4 archiSpark shall not be liable for instability or any problems and errors in functioning of the SOFTWARE PRODUCT caused by:
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a) using the SOFTWARE PRODUCT without the compatible/recommended version of Enterprise Architect. (During the installation of the SOFTWARE PRODUCT, or any of its following versions YOU shall be informed which version of Enterprise Architect is compatible/recommended for use with the SOFTWARE PRODUCT.);
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b) using the SOFTWARE PRODUCT, without performing a prior inspection of data entry, with previously initiated projects based on Enterprise Architect, containing extensive amount of data (Enterprise Architect is not strict in verifying any data in respect to any metamodel);
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c) modification of the configuration data in the Enterprise Architect databases, not in accordance with its documentation.
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5.5 archiSpark is entitled to change the configuration data in subsequent versions of the SOFTWARE PRODUCT.
6. PRIVACY POLICY
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6.1 By accepting the terms of this EULA YOU hereby allow archiSpark to collect YOUR Personal Data (name, e-mail, address, phone number) for the purposes of the purchase and registration processes of the SOFTWARE PRODUCT (including The Trial edition of archiSpark neat (neat enterprise architecture tool) . YOUR personal data may also be used by archiSpark for monitoring possible violations of this EULA.
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6.2 archiSpark hereby undertakes to collect and process YOUR Personal Data in compliance with the terms of Polish law.
7. DISCLAIMER OF WARRANTY
The SOFTWARE PRODUCT is provided "AS IS", without warranty and guarantee of any kind, and archiSpark 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.
8. EXCLUSIONS
archiSpark excludes, all liability for all claims, expenses, losses, damages and costs made against, incurred or suffered by YOU directly or indirectly (including lost costs, profits and data) arising out of:
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a) YOUR use or misuse of the SOFTWARE PRODUCT;
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b) YOUR inability to use or obtain access to the SOFTWARE PRODUCT;
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c) Termination of this EULA by either party for any reason.
9. ASSIGNMENT
YOU may not permanently or temporarily assign any of your rights or obligations under this EULA to any individual, business or government entity or any other third-party without obtaining a prior written consent of archiSpark.
10. TERMINATION
Without prejudice to any other rights, archiSpark may terminate this EULA if YOU fail to comply with its 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 archiSpark.
11. 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, e.g. “Windows”, “Windows 98”, “Windows NT”, “Windows ME”, “Windows XP”, “Windows 2000”, “Windows 2003 Server”, “Windows Vista”, “Windows 7”, “Windows 8” are trademarks of Microsoft, “Enterpise Architect” is a trademark of SPARX, ArchiMate® is a trademark of The Open Group.
12. SEVERABILITY
If any term or provision of this EULA appears to be invalid or unenforceable, then this EULA, including all of the remaining terms and provisions, will remain in full force and effect as if such invalid or unenforceable term or provision had never been included.
3. GOVERNING LAW
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13.1 This EULA shall be construed in accordance with the laws of the Republic of Poland, excluding the provisions of the The United Nations Convention on Contracts for the International Sale of Goods.
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13.2 Any disputes arising out of, or in connection with this EULA shall be settled by the competent courts of the Republic of Poland.