Electronic End User License

pure::variants for Enterprise Architect Electronic End User License Agreement

Important - Read before downloading, installing or using.

Notice to User: This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and pure-systems GmbH ("pure-systems") which covers your use of

pure::variants for Enterprise Architect

and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to here as the "Software Product." If you do not agree to the terms of this EULA, then do not install or use the Software Product. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing or otherwise using the Software Product, you are acknowledging and agreeing to be bound by the following terms:

1. WARNING -- (for Evaluation Licenses only)

This Software Product can be used in conjunction with a free evaluation license. If you are using such an evaluation license, you may not use this Software Product in a live operating environment. Evaluation licenses have an expiration date, after which you understand and agree that you must stop using the Software Product. pure-systems bears no liability for any damages resulting from use or attempted use of the Software Product, and no duty to provide any support, after the expiration date.

2. Grant of Non-Exclusive License

pure-systems grants you the right to install and use a single copy of the Software Product only 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. You may make copies of the Software Product as needed for backup and archival purposes.

3. Intellectual Property Rights Reserved by pure-systems

The Software Product is protected by german and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of pure-systems. pure-systems reserves all intellectual property rights, including copyrights and trademark rights.

4. No Right To Transfer

You may not rent, lease, lend or in any way distribute copies of or transfer any rights in the Software Product to third parties without pure-systems's written approval and subject to approval by the recipient of the terms of this EULA.

5. Prohibition on Reverse Engineering, Decompilation, and Disassembly

You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

6. Third Party Rights

Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement.

7. Support Services

pure-systems may provide you with support services related to the Software Product. Use of any such support services is governed by the pure-systems polices and programs described in "on line" documentation and/or other pure-systems-provided materials. Any supplemental software code that pure-systems provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to pure-systems as part of the support services, pure-systems may use such information for its business purposes, including for product support and development. pure-systems will not use such technical information in a form that personally identifies you.

8. Compliance with Applicable Laws

You must comply with all applicable laws regarding use of the Software Product.

9. Termination

Without prejudice to any other rights, pure-systems may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product.

10. NO WARRANTIES

YOU ACCEPT THE SOFTWARE PRODUCT "AS IS" AND PURE-SYSTEMS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURE-SYSTEMS DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

11. LIMITATION OF LIABILITY

THE LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PURE-SYSTEMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PURE-SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PURE-SYSTEMS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A PURE-SYSTEMS SUPPORT SERVICES AGREEMENT, PURE-SYSTEMS'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Governing Law

This Agreement constitutes the complete agreement between the parties with respect to the Programs and is governed by the laws of the Federal Republic of Germany (other than its conflict of law provisions).

13. Contact Info

If you have any questions about this EULA, or if you want to contact pure-systems for any reason, please contact pure-systems:

pure-systems GmbH
    Agnetenstr. 14
    39106 Magdeburg
    Germany

or email

info@pure-systems.com.

I Agree

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