Edraw Component End User License Agreement (EULA)
1. INTRODUCTION
1.1 This
License Agreement ("Agreement") is an agreement between you and
EdrawSoft. Please read these terms and conditions carefully before downloading
any software and applicable documentation as they contain important information
about your rights and obligations. It governs your use of the software ("the
Software") supplied to you by EdrawSoft and related documentation. In
particular, we draw your attention to clause 8 (limitation of liability).
By downloading, installing or otherwise using the Software you agree to be
legally bound by this License Agreement as it may be modified and posted on our
website from time to time.
1.2 If you do not wish to be bound by this Agreement, then you may not download
or use the Software.
2. LICENSE
2.1 Specific conditions of use which apply to the type of
License you have
acquired from EdrawSoft are:
2.1.1 Evaluation License for non-chargeable Software: You may use the Software
freely within your organization to evaluate whether it meets your needs.
2.1.2 Single Developer License:
(a) You may install and use the Software on any number of computers or terminals
within your organization.
(b) You may incorporate the Software, or portions of the Software, into your own
software for use within your own organization.
(c) You may not distribute the Software, or any portions of the Software, or
related documentation to any other organization or to any person external to
your organization.
2.1.3 Company Distribution License:
(a) You may copy, install and use the Software on any number of computers or
terminals within your organization royally free.
(b) You may incorporate the Software, or portions of the Software, into your own
software products for distribution to other people or organizations provided the
appropriate copyright of EdrawSoft is acknowledged on all media containing, and
documentation related to such software products.
(c) You may not distribute the Software, or any portion of the Software, to any
third party unless it is incorporated into your own software products whose
functionality exceeds the functionality of the Software and which do not compete
directly with the Software.
2.1.4 Source Code License:
(a) You may modify the Source code then compile the new version.
(b) No Sale. The licenses granted under this Agreement do not constitute a sale
of the Software or any portion or copy of it.
(c) You can't distribute the source code to any other organization or any person
external to your organization.
3. RESTRICTIONS ON USE
3.1.1 You may make a reasonable number of copies of the Software solely for
backup and recovery purposes. Any such copies shall in all respects be subject
to the terms and conditions of this Agreement.
3.1.2 You shall not make copies of the Software additional to those expressly
permitted in this License Agreement.
3.1.3 You shall not copy any written documentation accompanying the Software.
3.1.4 You shall not remove or obscure any copyright and trademark notices or
other proprietary notices related to the Software. All notices must be
duplicated as it appears on the Software on all authorized copies.
3.1.5 You shall not reverse engineer, decompile or disassemble the Software
except to the extent expressly permitted by any applicable local laws which may
over-rule this restriction.
3.1.6 You may not distribute any portions of the Software to any third party
except under the terms of a Developer Distribution License if you have acquired
such a License from EdrawSoft.
3.1.7 You may not rent or lease the Software but you may transfer the Software
and accompanying documentation on a permanent basis provided that (i) you retain
no copies and (ii) the recipient agrees to the terms of the License Agreement
you are transferring and (iii) you notify EdrawSoft of the transfer in writing.
3.1.8 You shall not use the Software in any way other than in a manner
specifically licensed under this Agreement.
3.1.9 You shall not display the Software on a public bulletin board, website,
chat room or by any other unauthorized means.
4. INTELLECTUAL PROPERTY RIGHTS
The copyright, patents, trade marks and all other intellectual property rights of the Software and related documentation are owned by and remain the property of EdrawSoft or its suppliers and are protected by national laws and international treaty provisions. You do not obtain any rights of the Software other than those expressly granted in this Agreement.
5. TERMINATION
This Agreement is effective until terminated. This Agreement will terminate automatically if you fail to comply with any provision of this Agreement. Upon notice of termination from EdrawSoft, you shall destroy the documentation and all copies of the Software promptly.
6. UPDATE POLICY
EdrawSoft may create, from time to time, updated versions of the Software. EdrawSoft will make any such updated versions available to licensees who have paid the update fee. If you acquire an updated version of the Software then all copies of the previous version must be destroyed and not used, except for one copy which may be retained solely for archival purposes.
7. WARRANTY
7.1 Subject to the limitations upon its liability set out in clause 8, EdrawSoft
warrants that:
7.1.1 for a period of 90 days from the date you purchase the Software, it will
materially conform to the electronic documentation provided with it; and
7.1.2 with respect to any physical diskette(s), the same shall be free from
defects in materials and workmanship for a period of 90 days from the date of purchase.
7.2 In the event of notification within the warranty period stated in clause
7.1, EdrawSoft shall replace the defective Software and/or diskette(s). Your
remedy for breach of the warranties set out in clause 7.1 shall be limited to
replacement of the defective materials and shall not encompass any other
damages.
7.3 Save as stated herein, EdrawSoft expressly disclaims all other conditions,
warranties, terms and undertakings, expressed or implied, statutory or
otherwise, related to the Software and related documentation or technical
support including but not limited to warranties of quality, performance,
satisfactory quality or fitness for a particular purpose.
8. LIMITATION OF LIABILITY
8.1 Nothing in this Agreement shall limit EdrawSoft's liability for:
8.1.1 fraud or other criminal act;
8.1.2 personal injury or death caused by our negligence;
8.1.3 any other liability that cannot be excluded by law.
8.2 Subject to clause 8.1, EdrawSoft accepts no liability for any indirect or
consequential loss or damage, or for any loss of data, profit, revenue,
anticipated savings or business, however caused and even if foreseeable or made
known to EdrawSoft.
8.3 Except as provided in clause 8.1, EdrawSoft's maximum liability to you for
any cause whatsoever will be limited to the amount paid for the Software.
9. SEVERABILITY
If a court or other competent authority decides that any provision of this Agreement is void or otherwise ineffective in whole or in part, then any other part and the other terms and conditions of this Agreement shall continue in full force and effect.
10. THIRD PARTY RIGHTS
The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties related to the subject matter of this Agreement and any representations or warranties previously given or made to it.
12. ASSIGNMENT
You may not assign this Agreement nor any of its rights or obligations hereunder nor sub-license the use (in whole or in part) of the Software without EdrawSoft's prior consent.
13. NOTICES
13.1 All notices shall be given:
13.1.1 to EdrawSoft via e-mail at support@edrawsoft.com;
13.1.2 to you at either the e-mail or postal address you provide during any
ordering process.
13.2 Notice will be deemed received when an e-mail is received in full (or else
on the next business day if it is received on a weekend or a public holiday in
the place of receipt) or 3 days after the date of posting.
14. GOVERNING LAW
This Agreement is governed by and interpreted in accordance with English law. Any disputes or claims related to this Agreement shall be subject to the exclusive jurisdiction of the English Courts.