License Agreement  
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Below is the end user license agreement for the Sequence Diagram Editor software product including the evaluation version.  
 
END-USER LICENSE AGREEMENT  
Effexis Sequence Diagram Editor Version 1.7 and earlier ("Software Product")  
 
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal contract between you (whether an individual user or a single legal entity, hereinafter referred to as "You") and Effexis Software, LLC regarding the Software Product mentioned above. Read the terms of this agreement carefully. The Software Product includes the Effexis Sequence Diagram Editor computer software, all associated media, electronic documentation, and any printed materials distributed with the Software Product. The Software Product is licensed, not sold. By installing, copying or otherwise using the Software Product, You agree to be bound to the terms and conditions of this EULA. If You do not agree to the terms and conditions of this EULA, You may not continue to install, use or copy the Software Product and, if applicable, should contact the place where you acquired the Software Product for a refund. Your use of the Software Product indicates acceptance of this EULA and warranty.  
 
1. License of Evaluation Software  
The Software Product distributed by Effexis Software, LLC for evaluation purposes is considered "Evaluation Software" regardless of how it is labeled or how it was acquired by You. Your rights to install and use the Evaluation Software are governed by the terms set forth in this Section and in Section 3 below.  
 
1.1 Limited License Grant. Effexis Software, LLC grants You a limited, non-exclusive right to install and use the Evaluation Software solely to evaluate its suitability for your requirements on the terms and conditions set forth in Section 1 and in Section 3 below for a period not to exceed thirty (30) days from the time the software is first used. You acknowledge that the Evaluation Software is not free software and is provided on a complimentary basis for evaluation purposes only. You may not use the Evaluation Software for any commercial purposes.  
 
1.2 Termination of License. The license may be terminated by Effexis Software, LLC at any time upon notice to You and will automatically terminate, without notice, when any of the following occur: (a) You complete Your evaluation of the Evaluation Software, (b) the expiration of the evaluation period shown in the Evaluation Software, (c) a period of thirty (30) days has elapsed since You first used the Evaluation Software. Upon termination of this license (a) You shall not use the Evaluation Software for any purpose other than registering the Software Product using a legally acquired registration code/key from Effexis Software, LLC or an authorized distributor and (b) after a period of no more than fifteen (15) days from the termination of this license, You will remove any unregistered copies of the Evaluation Software from all the computers where they were installed or copied and destroy any other unregistered copies of the Evaluation Software. You acknowledge and agree that any unregistered use of the Evaluation Software after this license has been terminated is in violation of US and international copyright laws.  
 
1.3 Disclaimer of Warranty. Evaluation Software is provided on an "AS IS" basis and without warranty of any kind. All warranties, conditions, representations and indemnities, whether express, implied, statutory or otherwise, including without limitation, warranties as to satisfactory quality, being error or virus free, fitness for a particular purpose, merchantability, correctness, reliability or uninterrupted use are hereby overridden, excluded and disclaimed.  
 
1.4 Distribution of Evaluation Software. You may freely distribute ONLY the setup installer executable file (a single file used to install the Evaluation Software on a computer) for the Evaluation Software to third parties provided that the recipient agrees to be bound by the terms and conditions of this EULA. You may NOT distribute or share any of the constituent components or software associated with the Software Product or Evaluation Software if they have been installed, extracted from the setup installer, copied to a computer or otherwise separated from the setup installer. You may NOT distribute or share registered copies of the Software Product or any registration or authorization codes/keys for the Evaluation Software or Software Product.  
 
2. License of Software Product  
Your possession and use of the Software Product other than Evaluation Software shall be governed by the terms and conditions set forth in this Section and Section 3 below. The license rights to use and install the Software Product described in this Section are subject to all the terms and conditions of this EULA.  
 
2.1 License Grant. Upon your payment of the license price and acceptance of this EULA, Effexis Software, LLC grants you a limited, non-exclusive right to install, register and use one copy of the Software Product on a single computer. You may also install, register and use a second copy of the Software Product on a home or portable computer for Your exclusive use without requiring an additional registration code. The Software Product may not be installed, accessed, shared or used concurrently on or from different computers (including a network server) unless a license is acquired for each computer on which the Software Product is used or accessed or is otherwise authorized by this EULA. You may make additional copies of the Software Product for backup and archival purposes only.  
 
2.2 Restrictions on Use of Software Product. You herby undertake and agree not to sell, rent, lease, sublicense, redistribute, translate, modify, adapt, vary, decompile, disassemble, reverse engineer or create derivative works of the Software Product other than as expressly authorized by this EULA. You further undertake and agree not to copy, reproduce, distribute or otherwise share (a) the Software Product, (b) any registration codes/keys associated with the Software Product or (c) any components or files installed or generated by the Software Product including but not limited to media files, license key files, executable or help files irrespective of the name or labeling of such files, other than as expressly authorized by this EULA.  
 
2.3 Support Services. Effexis Software, LLC may provide you with support services related to the Software Product including without limit e-mail and web based support ("Support Services"). The provision and use of Support Services is governed by Effexis Software, LLC support policies. Any supplemental code or Software Product updates/upgrades provided to You through Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. Any technical, product, usability, use or other information provided by You to Effexis Software, LLC as part of the Support Services including but not limited to product ideas, suggestions, improvements, understandings, concepts, bug reports, feature requests or any other feedback related to the Software Product will be owned by Effexis Software, LLC and may be used for its business purposes, including product updates and development, without any restriction or compensation to You. You acknowledge and agree that Effexis Software, LLC is not required to incorporate, use to correct any product or in any other way use the information You provide.  
 
2.4 Limited Warranty. Effexis Software, LLC warrants (a) 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 (b) that any Support Services provided by Effexis Software, LLC shall be substantially as described in applicable written materials provided to You by Effexis Software, LLC. To the maximum extent permitted by law, all warranties conditions, representations and indemnities, whether express or implied, statutory or otherwise, relating in any way to the Software Product, the provision of or failure to provide Support Services, the subject matter in this EULA or to this EULA generally, including without limitation warranties as to the merchantability, satisfactory quality, fitness for a particular purpose, being error or virus free, uninterrupted use and the implied warranties and conditions against hidden defects, are hereby overridden excluded and disclaimed. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the Software Product, if any, are limited to ninety (90) days.  
 
2.5 Customer Remedies. The entire liability of Effexis Software, LLC and your exclusive remedy for any breach of the limited warranty or any other duty owed by Effexis Software, LLC shall if permitted by legislation be limited, at Effexis Software, LLC's option to either (a) repair or replacement of the Software Product, (b) replacement of the Software Product with an equivalent Software Product, (c) return of the price paid by You for licensing the Software Product, (d) re-performance of the Support Services or (e) the payment of the cost of the re-performance of the Support Services. This limited warranty is void if failure of the Software Product has resulted from abuse, misappropriation or accident.  
 
2.6 Upgrades. Any upgrades to the Software Product are considered part of the original Software Product and together constitute a single product. You may not install, copy or otherwise use the original and upgrade versions of the Software Product on different computers unless otherwise authorized by this EULA.  
 
2.7 Personal/Academic Edition of the Software Product. The personal/academic community edition of the Software Product may not be used to produce commercial software products or in a commercial environment. You may not share any registration codes for the personal/academic community edition. You acknowledge that the community edition of the Software Product is protected under U.S. and international copyright laws and is not free software.  
 
3. General Terms and Conditions Applicable to all Software Product Licenses  
Your installation, use and possession of the Software Product (including Evaluation Software) will be governed by the terms and conditions set forth in this Section and in Section 1 or Section 2 above, whichever is applicable.  
 
3.1 Use of Software. You will not sell, rent, lease, copy, translate, modify, adapt, vary, sublicense, distribute, decompile, disassemble, reverse engineer, reduce to a human-perceivable form, create derivative works based upon or otherwise use the Software Product except as expressly permitted in this EULA. You agree to comply with all applicable laws and regulations related to Your use of the Software Product and to not use the Software Product in violation of any applicable law, statue, ordinance or other regulation.  
 
3.2 Ownership of the Software Product. The copyright for the Software Product and its documentation is owned by Effexis Software, LLC. All copyrights, trade secrets, service marks, trademarks, patents and any other intellectual property or proprietary rights in or related to the Software Product are the exclusive property of Effexis Software, LLC. You do not acquire ownership of or rights to copyright or any other intellectual property rights in any part of the Software Product by virtue of this EULA. This license is not a sale of the Software Product.  
 
3.3 Transfer of Software Product. You may only transfer Your license rights and other interests in the Software Product provided that (a) You permanently transfer all your rights under this EULA, (b) You provide the transferee a copy of this EULA and all other documentation including proof of ownership, (c) the transferee agrees to abide by all the terms and conditions of this EULA, (d) You permanently transfer all of the Software Product (including all components, upgrades and prior versions) and (e) You retain no copies of the Software Product. Your license is then considered terminated. Any purported transfer not in accordance with Section 3.3 will be void.  
 
3.3.1 Upgrades. Any upgrades of the Software Product are considered to be parts of the original Software Product and together constitute a single product. Any transfer of the Software Product must include all upgrades and prior versions. You may not transfer any original or upgrade version of the Software Product separately from the other versions.  
 
3.4 Exclusion of Incidental, Consequential and Certain Other Damages. You agree to indemnify Effexis Software, LLC from and against any liability that Effexis Software, LLC may incur arising from Your breach of this EULA or Your use of the Software Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFFEXIS SOFTWARE, LLC, OR ANY SUPPLIER OF SOFTWARE INCLUDED IN THE SOFTWARE PRODUCT, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA OR BUSINESS INTERRUPTION), HOWEVER CAUSED, WHETHER FORESEEABLE OR UNFORSEEABLE, ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION, NEGLIGENCE OR STRICT LIABILITY IN TORT) AND WHETHER OR NOT EFFEXIS SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BASED ON CLAIMS OF YOU OR ANY OTHER PARTY ARISING OUT OF OR IN ANY WAY RELATED TO (A) THIS EULA, (B) THE NEGLIGENCE OF EFFEXIS SOFTWARE, LLC OR ITS EMPLOYEES, CONTRACTORS OR AGENTS, OR OF ANY SUPPLIER OF SOFTWARE INCORPORATED IN THE SOFTWARE PRODUCT, THAT IS IN ANY WAY RELATED TO THE PERFORMANCE OF OBLIGATIONS UNDER THIS EULA, (C) YOUR USE OR MISUSE OF THE SOFTWARE PRODUCT, (D) YOUR INABILITY TO USE THE SOFTWARE PRODUCT, (E) THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, (E) THE TERMINATION OF THIS EULA BY EITHER PARTY FOR ANY REASON OR (F) OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA.  
 
3.5 Limitation of Liability. IN ANY CASE, EFFEXIS SOFTWARE, LLC OR ITS SUPPLIERS ENTIRE LIABILITY, IN THE AGGREGATE, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR LICENSING THE SOFTWARE PRODUCT. THESE LIMITATIONS AND EXCLUSION (INCLUDING SECTIONS 2.4, 2.5, 3.4 AND 3.5) SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation and exclusion may not apply to you.  
 
3.6 U.S. Export Restrictions. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Software Product. You hereby warrant that you are not a person, company or destination restricted or prohibited by Export Controls ("Restricted Person"). You agree that you will not, directly or indirectly, export, re-export, distribute, or transfer the Software Product or documentation in any form to any Restricted Person or in violation of applicable United States and foreign law. You agree to comply with all relevant export laws and regulations, including but not limited to the U.S.  
 
3.7 U.S. Government Restricted Rights. The Software Product is subject to restricted rights as follows. The Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described in this EULA. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.  
 
3.8 Termination. Without prejudice to any other rights or remedies it may have under applicable law, Effexis Software, LLC may terminate this EULA if You fail to comply with its terms and conditions. In that event, You or Your representative shall destroy any and all copies of the Software Product and all of its component parts and You agree to discontinue any further use of the Software Product. The parties' rights and obligations under Sections 1.3, 2.4, 2.5, 2.6, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 will survive the termination of this agreement.  
 
3.9 Entire Agreement. You agree that this EULA is the complete and exclusive statement of the understanding and agreement between Effexis Software, LLC and You regarding all terms, conditions, and representations with respect to the Software Product, and supersedes any proposal or prior agreement, oral or written, and any other communication between You and Effexis Software, LLC relating to the subject matter of this EULA or the Software Product.  
 
3.10 Jurisdiction and Controlling Law. This EULA is governed by the laws of the State of California and the United States of America. This EULA is deemed entered into at San Diego, California by both parties. You hereby consent to the exclusive jurisdiction of the courts in San Diego County, California for the resolution of any dispute arising our of or otherwise related to this EULA.  
 
3.11 Severability. If a court of competent jurisdiction determines that any provision of this EULA (or part thereof) is illegal or otherwise unenforceable, the remainder of the EULA will remain in full force and effect.  
 
3.12 Relationship of Parties. In performing their respective duties under this EULA, You acknowledge that You and Effexis Software, LLC are independent parties. Nothing in this EULA will in any way constitute any association, partnership or joint venture between You and Effexis Software, LLC, be construed to evidence the intention to establish any such relationship or be construed as making You an employee, agent or legal representative of Effexis Software, LLC.  
 
3.13 Reservation of Rights. All rights in the Software Product not specifically granted in this EULA are reserved by Effexis Software, LLC.  


Copyright (c) 2006 by Effexis Software, LLC
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