Visual Paradigm Professional Edition License Agreement

Visual Paradigm Professional Edition 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, perpetual, revocable license to install and use Visual Paradigm Products ("the Software" or "the Product"). The Licensee must not re-distribute the Software in whole or in part, either separately or included with a product.

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.