Trace Modeler for UML Sequence Diagrams 1.6

EULA - End User License Agreement

Trace Modeler - End User License Agreement

IMPORTANT -- CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT

The terms and conditions of this End User License Agreement ("EULA") are as follows :

Definitions

In this document, the "Software Package" signifies the Trace Modeler program, its documentation, its data files and its license keys.

The Software Package is "in use" on a computer, or "used", when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer - for example, a hard disk, CD-ROM or other storage device.

The Software Package carries a version number, of the form X.Y.Z (e.g. version 1.2.34) in which X denotes the major version number, Y the minor version number and Z an optional release number. Later versions get a higher version number than earlier versions, for example 1.2.34 denotes an older version than 1.3.15.

"You" means the person, company or institution who is being licensed to use the Software Package. "We", "us" and "our" means Yanic Inghelbrecht, the author of the Software Package.

Licenses

There are multiple license types for this Software Package : "Evaluation License", "Personal License", "Student License", "Academic License", "Multi-user License" and "Beta License". Whenever you use this Software Package, you must do so in accordance with one (and exactly one) of these license types.

Upon payment of the license fee, a unique License Key will be issued to you. A License Key is a digitally signed file that contains your licensing information and must be installed into the Software Package to confirm its validity. A License Key may contain a maximum version number ("Maximum Version") and/or an expiration date ("Expiration Date"). It may also specify a maximum number of users ("Maximum Count").

The installed License Key (if any) determines under what type of license the Software Package is being used.

Regardless of the type of license you're using this Software Package with : you agree no to share, distribute, reuse, publish, sell, rent, lease or transfer any part of the Software Package or any archival/backup copies thereof.

License grant

Each type of license adds its own specific terms to this EULA, as follows :

Evaluation License

You are using the Software Package under an Evaluation License if you use it without a valid License Key. Such a license is meant for evaluation purposes only. In this case the Software Package will display a watermark and must only be used to evaluate its usefulness during a trial period of up to thirty (30) days after first use.

If you want to continue to use this Software Package after this trial period, or if you want to use it for other purposes than its evaluation, you have to do so under a different license type.

With an Evaluation License, we grant you a limited, non-exclusive and non-transferable license to use the Software Package on any computer.

Personal License

A Personal License is granted to you when you use the Software Package with a valid Personal License Key. This License Key refers to one particular person by name, the "Named User", and may specify a Maximum Version.

With a Personal License, we grant the Named User a limited, non-exclusive and non-transferable license to use the Software Package on two computers at a time.

If the Personal License Key specifies a Maximum Version, the Personal License is version-limited : the Named User is only licensed to use versions of the Software Package equal to or older than the Maximum Version.

Student License

A Student License is granted to you when you use the Software Package with a valid Student License Key. This License Key refers to one particular person by name, the "Named User", and may specify an Expiration Date.

The Named User must be a student at an educational institution (high school, college, university or their equivalent in other countries) when the License Key is issued. We may at our discretion require proof of your enrollment in a course organized by that educational institution.

With a Student License, we grant the Named User a limited, non-exclusive and non-transferable license to use the Software Package on two computers at a time.

Under this license, the Software Package may only be used for research and educational purposes (e.g. study, exercises, assignments and course projects). The use of the Software Package for commercial endeavours or their preparation is NOT allowed under this license.

If the Student License Key specifies an Expiration Date, the Student License is time-limited : the Named User is only licensed to use the Software Package until the Expiration Date is reached.

Academic License

An Academic License is granted to you when you use the Software Package with a valid Academic License Key. This License Key refers to one particular department in an educational institution (high school, college, university or their equivalent in other countries) by name, the "Named Department", and may specify an Expiration Date.

With an Academic License, we grant each staff member of the Named Department as well as every student enrolled in a course organized by the Named Department : a limited, non-exclusive and non-transferable license to use the Software Package on any computer provided to them by the educational institution.

In addition, each aforementioned staff member and student may also use the Software Package on one portable or home computer at a time.

Under this license, the Software Package may only be used for research and educational purposes (e.g. peparation of course material, study, exercises, assignments and course projects). The use of the Software Package for commercial endeavours or their preparation is NOT allowed under this license.

If the Academic License Key specifies an Expiration Date, the Academic License is time-limited : the Software Package may only be used until the Expiration Date is reached.

Multi-user License

A Multi-user License is granted to you when you use the Software Package with a valid Multi-user License Key. This License Key refers to one particular organization by name, the "Named Organization", and may specify a Maximum Count as well as a Maximum Version.

With a Multi-User License, we grant the Named Organization a limited, non-exclusive and non-transferable license to use this Software Package on any number of computers, provided that the cumulative number of its users ("User Count") does not exceed the specified Maximum Count.

The User Count is simply the number of persons that have used the Software Package at least once under this license. For clarity : this count has nothing to do with the number of concurrent users at any given time.

If the Multi-user License Key specifies a Maximum Version, the Multi-user License is version-limited : the users may only use versions of the Software Package equal to or older than the Maximum Version.

Beta License

A Beta License is granted to you when you use the Software Package with a valid Beta License Key. This License Key refers to one particular person by name, the "Named User", and may specify a Maximum Version as well as an Expiration Date.

With a Beta License, we grant the Named User a limited, non-exclusive and non-transferable license to use the Software Package on any computer.

Under this license, the Software Package may only be used for beta testing purposes (e.g. to try out its usefulness, evaluate its functionality and usability, detect bugs, review its documentation, etc.). The use of the Software Package for commercial endeavours or their preparation is NOT allowed under this license.

If the Beta License Key specifies an Expiration Date, the Beta License is time-limited : the Named User is only licensed to use the Software Package until the Expiration Date is reached.

If the Beta License Key specifies a Maximum Version, the Beta License is version-limited : the Named User is only licensed to use versions of the Software Package equal to or older than the Maximum Version.

Title

We remain the owner of all right, title and interest in the Software Package and other related explanatory written materials.

Archival or Backup Copies

You may copy the Software Package for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software Package does not exceed that allowed in the "License Grant" section above.

Things You May Not Do

The Software Package is protected by Belgian copyright laws and international treaties. You must treat the Software Package like any other copyrighted material.

You may NOT do the following with the Software Package (or any part thereof) :

- copy it, except to make archival or backup copies as provided above
- modify or adapt it, or merge it into another program
- reverse engineer, disassemble, decompile or make any attempt to discover the source code of it
- place it onto a server so that it is accessible or usable via a public network such as the Internet
- sublicense, rent, lease or lend it

Limited Warranty

We warrant that for a period of 90 days after delivery of this copy of the Software Package to you.

- The media on which this copy of the Software Package is provided to you will be free from defects in materials and workmanship under normal use.
- The Software Package will perform in substantial accordance with its documentation.

If you ordered the Software Package on physical media (CD-rom), then the following terms apply.

- Exchanges and Replacements : we will replace will exchange or replace any defective media if reported within 30 days of purchase.
- Refunds : The media must be returned to us unopened. Because we offer a 30-day trial period (see "Evalution License" above), we retain the right to refuse refund requests on a case by case basis when an unopened mailing package containing the CD is not returned. In any case where we do decide to grant a refund, we may at our discretion require the user to sign a Letter of Destruction to assure compliance with the rescinded license.

To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and we disclaim any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

Because some countries/states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

- return the price you paid
- repair or replace the Software Package or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PACKAGE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

Our aggregate liability with respect to its obligations under this agreement or otherwise with respect to the Software Package or otherwise shall not exceed the amount of the license fee paid by you for the Software Package.

Because some countries/states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated.

You may terminate it at any time by destroying all copies of the Software Package in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement.

You agree on termination of this license to destroy all copies of the Software Package in your possession.

Confidentiality

The Software Package contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence.

ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

General Provisions

This written license agreement is the exclusive agreement between you and us concerning the Software Package and supersedes any prior purchase order, communication, advertising or representation concerning the Software Package.

This license agreement may be modified only by a writing signed by you and us.

In the event of litigation between you and us concerning the Software Package, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect.

This license agreement is governed by Belgian law. Any dispute concerning the validity, the interpretation or the performance of this License agreement shall be brought before the competent courts of Kortrijk (Belgium).

Last updated on November 28th, 2007.

--- end of terms and conditions of this End User License Agreement ---

If you have any questions regarding this end user license agreement or which kind of license you should choose, please contact us : http://www.tracemodeler.com/contact/