Blueprint SM Community Edition distribution permissions and end-user license agreement
*** End User Licence Agreement ***
Blueprint Sofware Modeler Community, Blueprint Sofware Modeler Professional, Blueprint Modeling Environment Developer and Blueprint Modeling Environment Architect Release 1 and all its versions are Copyright © 2004-2008 @-portunity B.V., All Rights Reserved.
IMPORTANT-READ CAREFULLY: This End User Licence Agreement ("EULA") is a legal agreement between YOU as Licensee and @-portunity B.V. 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.
The copyright in the SOFTWARE PRODUCT and its documentation is owned by @-portunity B.V. 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.
SUPPLEMENTAL TERMS APPLICABLE TO U.S. GOVERNMENT DEPARTMENTS AND AGENCIES AND CERTAIN U.S. GOVERNMENT CONTRACTORS: If the Customer is a Department or Agency of the United States Government or a contractor or sub-contractor which will or deliver the Software to any Department or Agency of the United States Government, such contractor or sub-contractor expressly understands and will expressly notify the United States Government of these terms and conditions. Moreover, with respect to the United Stated Government, it is expressly understood that the software is "Commercial Computer Software" within the meaning of the "RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE" clause at DOD FAR SUPPLEMENT 52.227.7013 and in any corresponding regulations, or any subsequent laws or regulations or revisions thereto.
Your use of this software indicates your acceptance of this EULA and warranty.
In this End User Licence Agreement, unless the contrary intention appears,
"EULA" means this End User Licence Agreement
"@-PORTUNITY" means @-portunity B.V. registered at Amsterdam,
Chamber of Commerce number 23031241.
"Licensee" means YOU, or the organisation (if any) on whose behalf
YOU are taking the EULA.
"Registered Edition of Blueprint Sofware Modeler" means the edition of the SOFTWARE PRODUCT which is available for purchase from the web site www.atportunity.com following the thirty day free evaluation period.
SOFTWARE PRODUCT" or "SOFTWARE" means Blueprint Sofware Modeler Community edition, Blueprint Sofware Modeler Professional edition, Blueprint Software Modeler Enterprise Edition, which includes computer software and associated media and printed materials, and may include online or electronic documentation.
"Support Services" means email based support provided by @-PORTUNITY, including advice on usage of SOFTWARE PRODUCT, investigation of bugs, fixes, repairs of models if and when appropriate and general product support.
"@-PORTUNITY support engineers" means employees of @-PORTUNITY who provide on-line support services.
"Evaluation edition of Blueprint Software Modeler" means the edition of the SOFTWARE PRODUCT which is available free of charge for evaluation purposes for a period of 30 days.
Free edition of Blueprint Sofware Modeler" means the free version of Blueprint Sofware Modeler that is distributed free of charge.
GRANT OF LICENCE
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 for YOU as single user.
c) to make copies of the SOFTWARE PRODUCT for backup and archival purposes.
The Evaluation edition of SOFTWARE PRODUCT is not free software. Subject to the terms of this agreement, YOU are hereby licensed to use this software for evaluation purposes without charge for a period of 30 days.
Upon expiration of the 30 days, the SOFTWARE PRODUCT must be removed from the computer. Unregistered use of SOFTWARE PRODUCT after the 30-day evaluation period is in violation of Dutch, U.S. and international copyright laws.
@-PORTUNITY may extend the evaluation period on request and at their discretion.
If YOU choose to use this software after the 30 day evaluation period a licence must be purchased. Upon payment of the licence fee, YOU will be sent details on where to download the registered edition of SOFTWARE PRODUCT and will be provided with a suitable software `license key file` by email.
Subject to the terms of this Agreement SOFTWARE PRODUCT may be installed on any machine indefinitely and free of charge. There are no fees or @-PORTUNITY support services in relation to the free edition
ADDITIONAL RIGHTS AND LIMITATIONS
YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-licence, loan or distribute the SOFTWARE PRODUCT other than as expressly authorised by this EULA.
YOU further undertake not to reproduce or distribute licence key-codes except under the express and written permission of @-PORTUNITY.
Without prejudice to any other rights, @-PORTUNITY 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 @-PORTUNITY.
@-PORTUNITY warrants that any Support Services provided by @-PORTUNITY shall be substantially as described in applicable written materials provided to YOU by @-PORTUNITY, and @-PORTUNITY support engineers will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.
To the maximum extent permitted by law, @-PORTUNITY 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;
Negligence of @-PORTUNITY or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of @-PORTUNITY’s obligations under this EULA; or Termination of this EULA by either party for any reason.
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 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 @-PORTUNITY for any breach of such term shall if permitted by legislation be limited, at @-PORTUNITY’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:
the replacement of the SOFTWARE PRODUCT or the supply of an equivalent SOFTWARE PRODUCT;
the repair of such SOFTWARE PRODUCT; or the payment of the cost of replacing the SOFTWARE PRODUCT or of acquiring an equivalent SOFTWARE PRODUCT; or
the payment of the cost of having the SOFTWARE PRODUCT repaired;
If the breach relates to services in relation to the SOFTWARE PRODUCT:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
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 licences.
This agreement shall be construed in accordance with the laws of the Netherlands.