Visual Paradigm License Agreement
Visual Paradigm Evaluation License Agreement THE USE OF THE SOFTWARE LICENSED TO YOU IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUNDED BY ALL OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. 1. Limited License Grant. Visual Paradigm grants to you ("the Licensee") a personal, non-exclusive, non-transferable, limited, revocable license to install and use Visual Paradigm Products ("the Software" or "the Product") without fee for evaluation of the Software for 30 days ("Trial Period") specified by the applicable software key for evaluation. Following the expiration of the Trial Period, the Licensee must cease all copying, use, distribution and access to the software. The Licensee must not re-distribute the Software in whole or in part, either separately or included with a product. The Software is not intended for commercial use or for use in commercial or development setting. 2. Restrictions. The Software is confidential copyrighted information of Visual Paradigm, and Visual Paradigm and/or its licensors retain title to all copies. The Licensee shall not modify, adapt, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Software. Software may not be leased, rented, transferred, distributed, assigned, or sublicensed, in whole or in part. The Software contains valuable trade secrets. The Licensee promises not to extract any information or concepts from it as part of an effort to compete with the licensor, nor to assist anyone else in such an effort. The Licensee agrees not to remove, modify, delete or destroy any proprietary right notices of Visual Paradigm and its licensors, including copyright notices, in the Software. 3. Disclaimer of Warranty. The software and documentation are provided "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE LICENSEE. THERE IS NO WARRANTY THE DOCUMENTATION, Visual Paradigm's EFFORTS OR THE LICENSED SOFTWARE WILL FULFILL ANY OF LICENSEE'S PARTICULAR PURPOSES OR NEEDS. IF THESE WARRANTIES ARE UNENFORCEABLE UNDER APPLICABLE LAW, THEN Visual Paradigm DISCLAIMS SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW. 4. Limitation of Liability. Visual Paradigm AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY THE LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL Visual Paradigm OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Visual Paradigm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Termination. The Licensee may terminate this License at any time by destroying all copies of Software. Visual Paradigm will not be obligated to refund any License Fees, if any, paid by the Licensee for such termination. This License will terminate immediately without notice from Visual Paradigm if the Licensee fails to comply with any provision of this License. Upon such termination, the Licensee must destroy all copies of the Software. Visual Paradigm reserves all rights to terminate this License. SPECIFIC DISCLAIMER FOR HIGH-RISK ACTIVITIES. The SOFTWARE is not designed or intended for use in high-risk activities including, without restricting the generality of the foregoing, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Visual Paradigm disclaims any express or implied warranty of fitness for such purposes or any other purposes. NOTICE. The Product is not intended for personal, family or household use; rather, it is intended exclusively for professional use. Its utilization requires skills that differ from those needed to use consumer software products such as word processing or spreadsheet software. GOVERNMENT RIGHTS: If the Software is licensed by or on behalf of a unit or agency of any government, the Licensee agrees that the Software is "commercial computer software", "commercial computer software documentation" or similar terms and that, in the absence of a written agreement to the contrary, the Licensee's rights with respect to the Software are limited by the terms of this Agreement. TRADEMARK DISCLAIMER Product names, logos, brands and other trademarks referred to within Visual Paradigm's products and services and within visual-paradigm.com are the property of their respective trademark holders. These trademark holders are not affiliated with Visual Paradigm International, our products, or our website. They do not sponsor or endorse our materials. Below is a partial listing of these trademarks and their owners. This list is subject to change without notice. ActionScript is a trademark of Adobe Systems Inc. Android is a trademark of Google Inc. ArchiMate is a trademark of The Open Group. BPMN, CORBA and UML are trademarks of the Object Management Group C#, Visual C++, MS SQL Server, Microsoft Windows, Microsoft Visio, VB.NET and Visual Studio are trademarks of Microsoft Corporation. Cache is a trademark of InterSystems Corporation. Cloudscape, DB2, Informix and Rhapsody are trademarks of International Business Machines Corporation. Derby is a trademark of the Apache Software Foundation. Eclipse is a trademark of Eclipse Foundation, Inc. Erwin is a trademark of CA Inc. Firebird is a trademark of Firebird Foundation Inc. FrontBase is a trademark of FrontBase Inc. H2 is a trademark of H2, Inc. Hibernate is a trademark of Red Hat, Inc. HSQL is a trademark of the hsql Development Group. IntelliJ IDEA is a trademark of JetBrains. Ingres is a trademark of Actian Corporation. iPad and iPhone are trademarks of Apple Inc. Java, MySQL and Oracle are trademarks of Oracle Corporation. NetBeans is a trademark of Sun Microsystems, Inc. Objective-C is a trademark of Stepstone Corporation OpenEdge is a trademark of Progress Software Corporation. Perl is a trademark of The Perl Foundation. PHP is a trademark of The PHP Group. PostgreSQL is a trademark of the PostgreSQL Global Development Group. Python is a trademark of the Python Software Foundation SQLite is a trademark of Hipp, Wyrick & Company, Inc. Sybase ASE are Sybase SQL Anywhere are trademarks of Sybase Inc. Acknowledgements This Product includes software developed by the Apache Software Foundation (http://www.apache.org). Copyright ©1999 The Apache Software Foundation. All rights reserved.
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