EAUtils END-USER LICENSE AGREEMENT (EULA), FREEWARE LICENSE
eaUtils extensions for Sparx Systems Enterprise Architect
NOTICE TO USER:
Please, read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
- "Licensor" means Guillaume Finance. "Licensee" means You or Your Company, unless otherwise indicated.
- "Software" means (a) all of the contents of eaUtils files with which this Agreement is provided, including but not limited to ((i) related explanatory written materials or files ("Documentation"); and (ii) Software setup files; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by the Licensor (collectively, "Updates").
- "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
- "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. GENERAL USE
The Licensee is granted a non-exclusive License to Use the downloaded Software for any purposes for an unlimited period of time.
The software product under this License is PROVIDED FREE OF CHARGE. Even though a license fee is not paid for the use of such software, it does not mean that there are no conditions for using such software.
2.1. The Software may be installed and Used by the Licensee for any legal purpose.
2.2. The Software may be installed and Used by the Licensee on any number of computers owned, leased or controlled by the Licensee, in conjunction with Sparx Systems Enterprise Architect modeling tool, provided a valid license from Sparx Systems is possessed for this tool.
2.3. The Software can be copied and distributed under the condition that original copyright notice and disclaimer of warranty will stay intact and the Licensee will not charge money or fees for the Software product.
2.4. The Licensee will not have any proprietary rights in and to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software.
2.5 Use within the scope of this License is free of charge and no royalty or licensing fees shall be paid by the Licensee.
2.6 The name of the Licensor or eautils.com web site may not be used to endorse or promote products derived from this software without specific prior written permission.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor and its suppliers.
3.2 The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
3.4 The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor and its suppliers. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software.
3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without the Licensor's specific approval are strictly prohibited.
4.1 The Licensor HAS MADE NO EXPRESS WARRANTIES TO the License REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
4.2 The Licensor DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL the Licensor BE LIABLE OR ANY LOSS, USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF the Licensor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.