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author | gS644 | 2015-07-30 13:13:12 +0200 |
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committer | gS644 | 2015-07-30 13:13:12 +0200 |
commit | bd1322ab77775e32104057d12433955159e9d524 (patch) | |
tree | 9f38aa936483b0cd531af11e57e4400d26b1676b /LICENSE | |
download | aur-bd1322ab77775e32104057d12433955159e9d524.tar.gz |
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diff --git a/LICENSE b/LICENSE new file mode 100644 index 000000000000..6d374abdd6cb --- /dev/null +++ b/LICENSE @@ -0,0 +1,458 @@ +END-USER LICENSE AGREEMENT +Change Vision, Inc. +11th Version as of 24th +June 2015 +Important: +Please read carefully all of the following terms and conditions. +THIS END-USER LICENSE AGREEMENT ("this Agreement") is a legal +agreement between you (either an individual, a firm or a single entity) +and Change Vision, Inc. (the "Company" or "we") for a software product named +"Astah" including computer programs, associated media, printed materials and +online or electronic documentation (collectively the "Product"). The Product +is licensed to you under the terms and conditions of this Agreement. By installing, +copying, downloading, accessing, or otherwise using the Product, +you agree to be bound by the terms and conditions of this Agreement. If you do not +agree to the terms and conditions of this Agreement, do not download, install or +use the Product. +Article 1 Copyright +1. The Company shall retain copyright and any other proprietary rights in +and to the Product, and the Product is protected by copyright laws and +international copyright treaties or by the copyright notice or other +intellectual property notice. +2. The Product is licensed, not sold. You do not have any right +other than the license granted under this Agreement. +Article 2 Grant of License +The Company shall grant you the following rights: +1. If you agree to the terms and conditions of this Agreement and +complete the prescribed user registration and license registration on our +website, the Company provides you with the license key necessary to use the Pr +oduct. (The license key includes the user name and the company or +organization name, etc.) +2. If you agree to the terms and conditions of this Agreement, purchase more than +one license and complete the prescribed user registration, you or (in case of our +customer being an association or corporation) a single individual in +charge of the Product belonging to such association or corporation, +may complete license registrations on our +website, the Company provides you with appropriate limited number +of license keys necessary to use the Product. +(The license key includes the user name who registered the licenses and the com +pany or organization name, etc.) +3. For the license to be registered, you need the license number and the validation +code (collectively the "License Authentication Key") notified +by the Company or its official distributor and partner +(collectively the "Partner"). (The date on which +you registered the license is hereinafter referred to as the "Effective Date.") +4. The Company authorizes only person who has purchased the licensed +Product through the Company or the Partner to be allowed to use the Product +under this Agreement. +5. You may distribute your own copyrighted works based +upon the Product to others in accordance with this Agreement. +You may make an appropriate limited number of copies of the Product on a +backup storage devise such as hard disk, optical media or tape and physical CD +media solely for the purpose of replacement in the event of destruction +or loss of an original copy of the Product. +6. In case our customer is an association or corporation, a single individual in +charge of the Product belonging to such association or corporation may make an +appropriate limited number of copies of the Product +up to the numbers of licenses have been registered completely for the purpose of +distribution to individuals to use the Product. +7. In case the association or corporation who purchased the licenses were merged +and acquired or partially jointed with another association or corporation, +you may continue to use the licenses within the associated corporation. +8. In case the Product is used on the virtualized environment such as thin client or +others, and there is a difference between numbers of computers and +uses physically and logically. The latter numbers of licenses are required. +9. The Company shall retain all rights in and to the Product +except for the license granted to you expressly in this Agreement. +Article 3 Prohibited Use +You may not: +(1) copy the Product except as provided in Article 2 of this Agreement; +(2) alter, reverse engineer, disassemble or decompile any software included +in the Product; +(3) sell, distribute, lease or assign to others the copies of the Product or information +such +as the License Authentication Key or license key relating to the license of the P +roduct; or +(4) sublicense to any third party to use the Product. +Article 4 Limited Warranty +1. The Company warrants that media for the Product will, under normal use, +be free of defects in materials and workmanship during the first ninety (90) +days from the Effective Date of this Agreement (the "Warranty Period"). In +any case, the Company's sole obligation +under this warranty is to replace the defective media returned to the Company d +uring the Warranty Period. This warranty shall not +apply to the damage arising from misuse, abuse or +carelessness by you. The Warranty Period of the defective media +is applicable to such replaced media. +2. Should the Product not be in compliance with the warranty as provided +in the preceding paragraph, you may notify the Company in +writing during the Warranty Period and return the defective Product +and then the Company will provide you with the replacement. +3. The Company in no way warrants merchantability or fitness of the Product for +a particular purpose, nor warrants performance, results or other +contents arising out of or in connection with the Product. +4. The Company in no way makes any further representation of warranty, +express or implied, on the Product. +Article 5 Limitation of Liability +Except as provided in Article 4, in no event shall the Company be liable to you for +any special, incidental, indirect or consequential damage or any damage arising out +or in connection with the use or performance of the Product including any claims for +such damages by a third party against you, whether the Company is informed +of the possibility of such +damages. Should the Company be liable to you, the maximum amount of +such liability shall not exceed the amount of money actually paid +by you for the Product. +Article 6 Support Services +1. The Company shall provide to the customer who has made a user registration +and license registration with respect to license for each +of the Products the following support services related to the Product free of +charge for the period from the Effective Date of this Agreement to the date prov +ided separately. Support services shall be provided in English or Japanese: +(1) provision of +upgrades including the adjustment to defects and the improvement +of the Product; and +(2) response to inquiries relating to the operation of the Product +(including information of the known problems of the Product). +(3) Several benefits during your support effective period (Contents of +benefits are described on our website, and +are subject to change without notice) +2. The Company shall discontinue to provide support and download +of the Product three years after its release date of its first decimal place. +3. You shall promptly notify the Company upon +any change to items of the user registration +with respect to respective licenses for all the Products owned by you. +4. Our obligation related to the support services shall +be limited to the reasonable efforts as provided for in paragraph 1 +of this Article. The Company shall not be required to provide the support +services to the following persons: +(1) a person who has not completed the user registration in +accordance with the procedure set by the Company; +(2) a person who has not notified us upon +any change to items of the user registration as provided +in the preceding paragraph; +(3) a person whose user registration has been removed at the request of +such person; +(4) a person whose support effective period has expired; or +(5) a person who uses the Product without paying for license of the Product. +5. The Company may cease to render the support services without prior notice in +any of the following events: +(1) when we need emergency maintenance of the computer system; +(2) when we are unable to operate the computer system by reason +of force majeure such as fire, electric power outage or interruption +by any third party; +(3) when we are unable to operate the computer system by reason of a natural +disaster or the similar to this; and +(4) when we deem it necessary to suspend the operation of the computer +system due to emergencies other than above. +6. Notwithstanding anything provided +in the preceding paragraph, the Company may cease to render the support +services for the Product with one (1) year prior notice, and in such +event the Company shall have no obligation to provide to you any support +services related to such Product. +Article 7 Special Agreement +The following terms and conditions (the "Special Agreement") shall +be applicable to the specific edition or special license of the Product and shall +be added to Articles 2, 3, 4 and 6. When +any discrepancy arises between the Special Agreement and +other provisions of this Agreement, the Special Agreement shall prevail. +Astah Engineering Pack +1. You may use the edition of the Product, Astah Professional, Astah SysML +and Astah GSN under this Agreement. +Astah Professional +1. You may use the edition of the Product, Astah Professional +under this Agreement. +Astah UML +1. You may use the edition of the Product, Astah UML under this Agreement. +Astah SysML +1. You may use the edition of the Product, Astah SysML under this Agreement. +Astah GSN +1. You may use the edition of the Product, Astah GSN under this Agreement. +Astah Community 7.0 or Later +1. If you agree to the terms and conditions of this Agreement, +you may use the Product without user registration on our +website or purchase of license. +2. The Company grants you a personal, non-exclusive, non-transferable, limited lic +ense to use the Product, and you may install and use the Product on an +appropriate limited number of computers. +3. You may use the edition of the Product, Astah Community version 7.0 +or later for your personal usage only if: +(1) you do not charge or accept compensation for the use of this software or +any services that you provide with it; +(2) you do not generate anything that can be used for commercial with it; +(3) you do not provide anything related to commercial service with it; and +(4) you do not use it for any commercial usage, application, research or +development. +4. Articles 4 and 6 shall not +be applicable to Astah Community. The Company shall have no obligation to gi +ve warranty or render support services with respect to Astah Community. +5. Without consent of the Company in writing, you may not sell, +distribute, lease or assign to others copies of the Product, nor +sublicense the use of the Product to any third party. +6. Although the Product +may show advertisements through the software on the screen of the computer, +we will not inform any specific website of your personal information or other +information in your computer. +Astah Community 6.9 or Older +1. If you agree to the terms and conditions of this Agreement, +you may use the Product without user registration on our +website or purchase of license. +2. The Company grants you a personal, non-exclusive, non-transferable, limited lic +ense to use the Product, and you may install and use the Product on an +appropriate limited number of computers. +3. Articles 4 and 6 shall not +be applicable to Astah Community. The Company shall have no obligation to gi +ve warranty or render support services with respect to Astah Community. +4. Without consent of the Company in writing, you may not sell, +distribute, lease or assign to others copies of the Product, nor +sublicense the use of the Product to any third party. +5. Although the Product +may show advertisements through the software on the screen of the computer, +we will not inform any specific website of your personal information or other +information in your computer. +Astah Plug-In +1. You may use the Product with Astah Plug-In (the "Plug-In") added. +2. In order to use the Product with the Plug-In, +you need required numbers of license for both the Product and Plug-In. +3. The license required to use the Plug-In is the content specified for the Product +and License Information on our website and printed materials. +Trial License (including software for evaluation purposes and beta version) +1. Provided that you agree to comply with the terms and +conditions of this Agreement, you may use the Product only for evaluation and +demonstration purposes pursuant to this Agreement. Unless otherwise specifical +ly permitted by the Company, you may not use the Product for the commercial, +business or profit purposes. +2. During a trial period determined by the Company separately, +you may use the Product and create derivative works on the basis of the Product +under the trial license during such trial period (including the data, printed +materials and computer +source codes; hereinafter referred to as the "Derivative Works"); provided, ho +wever, you may not use or +distribute such Derivative Works other than for the evaluation purpose. +3. Articles 4 and 6 shall not +be applicable to the trail license (including software for evaluation purposes and +beta version). The Company shall have no obligation to give warranty or render +the support services during the trial period. +4. Upon termination of the trial period, you may not continue to use the Product +unless you purchase the license of the Product. If +you do not purchase the Product at the time of such termination, you must +delete and destroy completely all copies of the Product, all of its component in +any form and all of the Derivative Works. If +you wish to continue use the Product after the trial period, +you must purchase the license of the Product for +use of the Product from the Company or any of the Partners. +5. The stop function is built into the Product so that you may not +continue to use the Product after the termination of the trial period. +Limited Time License (Timed License) +1. The Company grants to you a personal, non-exclusive, non-transferable and limi +ted license to use the Product and you may install and use the Product for a +single computer. You may re-install and use it for another single computer +only if you delete the Product +completely from the computer that has installed them. A number of qualified +users may use the Product on the single computer but only one person at a time. +2. You may use the Product for the period from the date you designated +at the registration to the end of the period specified for +each license. The stop function is built into the Product so that you may not +continue to use the Product after the termination of the period for use. +3. The Company shall provide you with the support +services related to the Product for the period set forth in the preceding paragraph. +You may not extend the period for support services through the support license. +4. Upon termination of the timed license period, +your timed license may be extended if you purchase and register +another timed license. +5. You may not have your timed license upgraded to the user license. +User License +1. The Company grants to our customer who has made a license registration or (in +case of our customer being an association or corporation) a single individual +belonging to such association or corporation +a personal, non-exclusive, non-transferable, limited license to use the Product +2. If the customer who has made a license registration is a single individual +who is licensed to use the Product, such user may install and use the Product on +an appropriate limited number of computers. +3. The Company shall provide to you who have purchased support license for +extension of the support effective period with respect to the license for each +of the Products owned by you, the support services as set forth +by the Company for a period from the end of the support +effective period for the license of the Product to the end of the period prescribed +by the Company separately for the license for each of the Products. +Node Count License +1. The Company grants to you, as a single individual belonging to such association +or corporation purchasing and registering a Node Count License, +a personal, non-exclusive, non-transferable and limited license to use the Produc +t for a designated period within limited numbers. +2. You may install the Product on all the computers prescribed users may use that +an association or corporation holds, and also make copies of +distribution to install the Product on them. +3. Prescribed users may use the Product +by accessing to the Company's server to activate a license under the Node Coun +t License's limited numbers during the period this Node Count +License is designated to run for. +4. A number of qualified users may use the Product on the single computer. +5. You may have the third parties (Such your associated partner +companies) to use the Product only to accomplish your business. In this case, +you have an obligation +and responsibility to ensure such third parties comply with the terms and +conditions of this Agreement. +6. You may use the Product within the limited number the license grants on +multiple computers. The stop function is built into the Product so that +you may not use the Product when the numbers of Product being used +exceeds the prescribed limit. +7. You may use the Product for the period the date your administrator designated +at the registration to the end of the period +specified for the license. The stop function is built into the Product so that +you may not continue to use the Product after the termination of the period for +use. +8. The Company shall provide you with the support +services related to the Product for the period set forth in the preceding paragraph. +You may not extend the period for support services through the support license. +9. Upon termination of the Node Count License period, your Node Count +License may be extended if you purchase and register another Node Count +License. +10. The Company shall maintain the information such as Activation times, first +date of Activation, the last check-out date of Node Count +License for the purpose of the verification +of license range and providing Support Service. +11. The Company shall collect the License ID, 1) Machine Information and +2) Identifier Name and send them to our server that manages all the Product +information for the purpose of the verification +of license range and providing Support Service. +1) Machine Information: A unique code that identifies your computer that +is obtained through using Product +2) Identifier Name: A name users set when activating the license per +computer (The computer name will become the Identifier +Name as default) +Corporate License +1. If you (a single individual in charge of the Product belonging to association or +corporation) agree to the terms and conditions of this Agreement, and in +accordance with the special terms and conditions of Corporation +License, the Company provides you with the license key necessary to use the Pr +oduct. +2. You may make copies of the Product for the purpose of +distribution to prescribed users who are entitled to use the Product in +accordance with the special terms and conditions of Corporate License. +3. You may use the Product for the period from the date you designated in +accordance with Corporate License terms and agreements to the end +of the period specified. The stop function is built into the Product so that +you may not continue to use the Product after the termination of the period for +use. +4. The Company shall provide you with the support +services related to the Product for the period set forth in the preceding paragraph. +You may not extend the period for support services through the support license. +Student License +1. If you agree to the terms and conditions of this Agreement, +you may use the Product without user registration on our website. +2. The Company grants you a personal, non-exclusive, non-transferable, limited lic +ense to use the Product, and you may install and use the Product on an +appropriate limited number of +computers as long as you are only one who uses this Product. +3. Articles 4 and 6 shall not be applicable to Astah Professional Free Student +License. The Company shall have no obligation to give warranty or render +support services with respect to Astah Professional Free Student License users. +4. Without consent of the Company in writing, you may not sell, +distribute, lease or assign to others copies of the Product, nor +sublicense the use of the Product to any third party. +Article 8 Confidentiality +1. (a) The contents of this Agreement and (b) all information disclosed +by the Company under this Agreement (such +as License key of the Product, phone number, fax number, e-mail address, URL, +all other information disclosed via +computer network by providing the License Authorization Key and Support Ser +vices) shall be treated as strictly confidential ("Confidential Information") and +you may not +disclose the Confidential Information to any third party without the Company's +prior written consent, nor abuse the Confidential Information. Especially if +you disclose or leak the License Information such +as License Authorization Key or +License key itself to any third party, the Company grants a right to stop your +use of the licensed Product. You may disclose the Confidential Information +only for reasonable cause such as in compliance with judicial or other +governmental order; provided, however, that in such event you shall +give a prompt prior notice to the Company. +2. The obligation under this Article shall not apply if such information +is any of the followings: +(1) Information which becomes available to you on an unrestricted +basis from a third party (Except any License Information of the Product); +or +(2) Information which was independently developed by you without +using any of the Company's confidential Information. +3. The preceding paragraphs shall survive the expiration or termination +of this Agreement. +Article 9 Personal Information +1. The Company, for the purposes of our provision to you of information provider +service to members and relating to downloading of software, purchase and +support of products, management of information on members, announcement of +event seminars, etc., may collect and use and, unless your request for removal +is received, keep for three (3) years the following information on +you ("Personal Information", including any updates), +with the necessary protective measures taken against divulgence of and +abuse of the Personal Information: +(1) your name, company or organization name, address, phone number, e-mail +address, etc. that we collect under paragraphs 1 and 3 of Article 6; +(2) products you purchased, user registration date, renewal of contract, +information disclosed in relation to your payment, etc. and +items relating to agreements by and between you and the Company, and; +(3) your inquiries and your answers to questioners, etc. +2. The Company will +use the Personal Information for the following purposes. The provision of +information to you within the purposes mentioned below will +be made to you by means of e-mail, post, phone or fax. +(1) to make descriptions in the license key for the purposes of identification +of the Registered User and the computer in which the Product is installed +or used; +(2) to offer the support services set forth in Article 6; +(3) to notify you of the renewal of the agreements; +(4) for our business promotion concerning to our products or services. +3. The Company may entrust our affiliates or distributors with a part or whole of +our business to the extent that each of the items prescribed +in the preceding paragraph is carried out. In such event we require such +affiliates or distributors to maintain +confidentiality of the Personal Information through confidentiality agreement. +4. You may make a request to disclose your own Personal Information based +on the objective facts we hold. However the Company shall have no obligation t +o disclose information such as (a) any confidential business Information +or technical know-hows of the Company or the third party's; (b) +any Information that has elapsed the prescribed holding period and we no longer +use; (c) any Information related to personal evaluations, categories of our +customers; and (d) any Information that we record based on our regular +business and could arise a hindrance to our business by providing them. If +you think that any Personal Information we hold about you is incorrect or wrong, +you may request that we adjust or delete such Personal Information. +5. You may request that the Company stop using your +Personal Information for the purpose of our business promotion mentioned in +item 4 of paragraph 2 of this Article. +6. You agree that after the expiration or termination +of this Agreement the Company may continue to use your Personal Information +based on the user registration provided to us pursuant to paragraph 1 +of this Article for a certain period of time should there be reasonable reason. +7. The Company may disclose your Personal Information +as appropriate if required to do so by law through governmental agencies or +any other institution with quasi-authority. +Article 10 Collecting Information +1. For the purposes of the Product's enhancement, +quality improvements and to grasp the user activity on the Product, our main +server of the Product is designed to obtain users update information and other +specific information from user's computer. +2. The update information and other specific information from user's computer +mentioned this provision are as below. +(1) The Product edition and its version you use; +(2) Internet Protocol address information for the connection and +(3) Information such as how many times you click on which menu label +on the Product's main tool bar only if you agree with the "data +collection for Product improvement +(http://astah.net/privacy-policy/use-data)" (Any model information +you create will not be sent) +3. The Company will not disclose the information we collected +under this clause to the third party without your explicit permission +unless required to disclose by law through governmental agencies or any other +institution with quasi-authority. +Article 11 Termination +This Agreement shall be immediately terminated if you breach any of the terms and +conditions of this Agreement, and accordingly the license provided for +in this Agreement shall also be terminated. In such event, you shall +immediately stop using the Product you hold and remove all +of the copies of the Product. +Article 12 Governing Law +This Agreement shall be governed by, interpreted and construed in +accordance with the laws of Japan. The parties herby submit for all purposes of or in +connection with this Agreement to the exclusive jurisdiction +of the Tokyo District Court. +
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