End User License Agreement (EULA)

Alpha Version 0.5.0.0  Catalyst Editions

Copyright © 2019-2021 inclusive, Sparx Services Pty Ltd. All Rights Reserved.

IMPORTANT – READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between YOU (an individual person) as the Licensee of the SOFTWARE PRODUCT (“You”) and SPARX SERVICES AUSTRALIA PTY LTD (“SSAU”) 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. The product is not refundable as the low cost of licence precludes us from processing a refund

Your use of the SOFTWARE PRODUCT indicates your acceptance of this EULA and warranty. The EULA applies to the Catalyst 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 Zicomi Systems trading as Sparx Services Australia (ACN: 117 085 284 and ABN: 92 117 085 284 ), 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 SSAU 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.

1. DEFINITIONS

In this End User License Agreement, the following terms apply unless otherwise specified,

  • “ACADEMIC EDITION” means an edition of the SOFTWARE PRODUCT purchased for educational purposes at an academic discount price;
  • “EULA” means this End User License Agreement;
  • “SSAU” means Sparx Services Australia;
  • “Licensee” means You, or the organization (if any), or the person on whose behalf You are accepting the terms of this EULA;
  • “Registered Edition of REF Repository Extension Framework” means the edition of the SOFTWARE PRODUCT which is available for purchase from the web site: <https://sparxservices.com.au/purchases.html>,
  • “SOFTWARE PRODUCT” or “SOFTWARE” means the following software products inclusively, or any one of them (as the case may be): Repository Extension Framework, which includes computer software and associated media and printed materials (in digital or physical form) , and any applicable online or electronic documentation;
  • “Support Services” means email-based support provided by SSAU, including advice on usage of the SOFTWARE PRODUCT, investigation of bugs, fixes, repairs of models, if and when appropriate, and general product support
  • “SSAU support engineers” means employees of SSAU who provide on-line support services;
  • “Catalyst Edition of Repository Extension Framework” means the edition of the SOFTWARE PRODUCT which is available for early adopters and is an alpha release with no liability;

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:

  • 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. This license is for direct and exclusive use of the SOFTWARE PRODUCT only through the input hardware mechanisms of the licensed computer, such as a keyboard, mouse, or via a touchscreen. As the primary user of the computer or device on which the SOFTWARE PRODUCT is installed, You may make a second copy for your exclusive use on either a home or portable computer.
  • To store a copy of the SOFTWARE PRODUCT on a storage device, such as a file server or other backup media not intended or used as the SOFTWARE PRODUCT.
  • If YOU want to increase the number of users entitled to concurrently access the SOFTWARE PRODUCT, YOU must notify SSAU and agree to pay an additional fee (if applicable) for the transfer in the type of license granted to you.
  • To make copies of the SOFTWARE PRODUCT for backup and archival purposes only.

4. FREE DOWNLOAD OF THE REPOSITORY EXTENSION FRAMEWORK

The Trial Edition of Enterprise Architect is not ‘free’ software, it is licensed to you for evaluation purposes only for a period of 12 months. Subject to the terms of this agreement, You are hereby licensed to use the Free Edition of Enterprise Architect for evaluation purposes without charge for a period of thirty (30) days, from the date the Trial Edition of Enterprise Architect is first installed on your device or computer.

Upon expiration of the three month (90) days, the Trial Edition of Enterprise Architect must be removed from the device or computer. Continued unregistered use of the Trial Edition of Enterprise Architect after the 30-day evaluation period is in violation of Australian, U.S. and international copyright laws.

SSAU may extend the evaluation period on request and at our discretion.

After the 90 days evaluation period has elapsed, a license to use the Catalyst Edition of the Repository Extension Framework must be purchased (as described at https://sparxservices.com.au/purchases.html).

Upon payment of the license fee, YOU will be sent details on where to download the Registered Edition of Enterprise Architect and will be provided with a suitable software ‘key’ by email.

6. ADDITIONAL RIGHTS AND LIMITATIONS

All rights not expressly granted to you are reserved by SSAU. For the avoidance of doubt, and without limitation:

  • You explicitly undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, sub-license, loan, resell or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA;
  • SSAU does not allow you to virtualize features of the SOFTWARE PRODUCT separately, or work around any technical restrictions or limitations in the SOFTWARE PRODUCT;
  • You undertake not to reproduce or distribute license key-codes except under the express and written permission of SSAU;
  • You further undertake not to use any part of THE SOFTWARE that will enable you to allow more than one user to use the Registered Edition of Enterprise Architect, despite only having obtained one fixed license. This conduct is specifically prohibited and will result in your license being terminated and/or damages being sought for lost revenue;
  • Shared Repository-based installations that provide concurrent end users with content or functionality are not permitted by SSAU.  If you wish to deploy or use the Repository Extension Framework in this manner you must purchase individual licences for each user concurrent user.  In this manner, as a minimum you MUST adhere to the requirements detailed below and accept the risks and responsibilities attendant on that;
  • Every end user MUST have a genuine Repository Extension Framework license of the correct edition;
  • The end user must have a licence under their own name, even if that licence is obtained by that user’s organization on that person’s behalf;
  • Sub-licensing Repository Extension Framework by 3rd Parties to end users is not permitted;
  • A Fixed license per end user is required without exception. Licenses cannot be dynamically allocated or transferred between end users;
  • A server based instance must NOT be used to create a derivative work, adapt the Repository Extension Framework for another platform, virtualize separate functionality or otherwise contravene the rights and entitlements granted to SSAU under copyright law and not expressly granted to the end user in the Repository Extension Framework EULA.
  • You acknowledge the risks and limitations inherent in using Repository Extension Framework in a manner that is not supported nor recommended and waive all rights and warranties pertinent to this use.
  • If the SOFTWARE PRODUCT purchased is an Academic Edition, 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 Edition may not be used to produce commercial software products or be used in a commercial environment, without the express written permission of SSAU. If the Academic Edition is used to produce a commercial product, You shall be immediately liable for payment of the Registered Edition of Enterprise Architect and you acknowledge this is reasonable.

7. INTELLECTUAL PROPERTY AND ASSIGNMENT

SSAU warrants that it owns all rights (including without limitation, all copyright, and other proprietary rights) in and to the SOFTWARE PRODUCT and that it is entitled to grant the licences in the SOFTWARE PRODUCT contained in this EULA without need for further agreement.

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.

SSAU retains complete copyright ownership of all patterns, images, process and guidance documents shipped with the SOFTWARE PRODUCT. These may only be used within the SOFTWARE PRODUCT and other SSAU owned software.

8. TERMINATION

Without prejudice to any other rights, SSAU 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 SSAU.

9. WARRANTIES AND LIABILITY

SSAU 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 not for the avoidance of doubt, from the date of installation); and
  • Any Support Services provided by SSAU shall be substantially as described in applicable written materials provided to You by SSAU on a case by case basis, and SSAU support engineers will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.

10. EXCLUSION OF LIABILITY

To the maximum extent permitted by law, SSAU 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;
  • Gross negligence of SSAU or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of SSAU’s obligations under this EULA; or
  • Termination of this EULA by either party for any reason.

SSAU will remain liable to you in accordance with the terms of this EULA, in all cases where the user(s) has an active and paid up subscription. The indemnities in this EULA will not be effective where the SOFTWARE PRODUCT licence is obtained, used, acquired or assigned unlawfully.

11. 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 SSAU for any breach of such term shall, if permitted by legislation, be limited, at SSAU’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, SSAU shall at its discretion:

  • Replace the SOFTWARE PRODUCT; or
  • Cover the costs of the supply of an equivalent SOFTWARE PRODUCT (up to the aggregate liability figure listed below);

If the breach relates to services provided by SSAU in relation to the SOFTWARE PRODUCT, SSAUshall at its discretion provide:

  • The services again; or
  • The payment of the cost of having the services supplied again.

In all cases, the total aggregate liability of SSAU under or in connection with this agreement or use of the SOFTWARE PRODUCT shall be limited to the cost of a SOFTWARE PRODUCT licence (AU$49).

12. 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 XP, Windows 2003 Server, Windows 2008 Server, Windows 7, Windows 8 and Windows 10 are trademarks of Microsoft.

13. PRIVACY AND CONTACT

At SSAU we take your privacy seriously.  Should you wish to contact us regarding privacy or any other matter contained in this EULA, please contact us at our email address – info@sparxservices.com.au

14. GOVERNING LAW

This agreement shall be construed in accordance with the laws of the Commonwealth of AUSTRALIA, in the state of Victoria.

Version 0.5.0.0  Catalyst Editions

Copyright © 2018-2021 inclusive, Sparx Services Australia. All Rights Reserved.

IMPORTANT – READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between YOU (an individual person) as the Licensee of the SOFTWARE PRODUCT (“You”) and ZICOMI SYSTEMS  PTY. LTD. trading as SPARX SERVICES AUSTRALIA (“SSAU”) 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 byZICOMI SYSTEMS  PTY LTDtrading as SPARX SERVICES AUSTRALIA , 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 SSAU 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.