License agreement

• Home
• »
• Purchase
• »
• License agreement

NOVULO ARCHITECT SOFTWARE LICENSE TERMS

These license terms are an agreement between Novulo Nederland B.V. (or based on where you live, one of its distributors) ("Novulo") and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Novulo

• updates,
• supplements,
• Internet-based services, and
• support services

for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, CONTACT NOVULO FOR A REFUND OR CREDIT.

AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

1. OVERVIEW

1. Software. The software includes development tools, software programs and documentation.
2. License Model. The software is licensed on a per user basis.

2. INSTALLATION AND USE RIGHTS

1. General. One user may use copies of the software to design, develop, test and demonstrate your programs. Testing does not include staging on a server in a production environment, such as loading content prior to production use.
2. Included Novulo programs. These license terms apply to all Novulo programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights.
3. Novulo run-time libraries (Novulo Application Server). To run applications created with Novulo Architect you require a separate license for the Novulo Application Server.
4. Third party libraries. The software contains third party libraries. The license terms with those programs apply to your use of them.

3. INTERNET-BASED SERVICES

Novulo provides Internet-based services with the software. It may change or cancel them at any time.

1. Consent for Internet-Based Services. The software features described below connect to Novulo or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Novulo does not use the information to identify or contact you.
   • Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Novulo uses this information to make the Internet-based services available to you.
   • Web Content Features. Features in the software can retrieve related content from Novulo and provide it to you. To provide the content, these features may send to Novulo the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are templates, online training, online assistance and Architect help.
   • Real Simple Syndication ("RSS") Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Novulo.
2. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
3. FAIR USE POLICY. Novulo Architect includes a license to use Novulo online services, including, but not limited to, an online code generation and software demonstration server, a document and chart generator web service, and an online model storage server. The use of these services is governed by a fair use policy. Breach of this policy is handled according to article 6.

4. TRIAL EDITION SOFTWARE TERMS

The following terms apply to the Trial Edition software even if there are terms to the contrary in other parts of this agreement:

1. TIME-SENSITIVE SOFTWARE. If the version of the software is a Trial Edition, the software will stop running thirty days after you first request a trial account. You will receive notice before it stops running. You may not be able to access data used with the software when it stops running.
2. DISCLAIMER OF WARRANTY. THE TRIAL EDITION SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. NOVULO GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, NOVULO EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. FOR THE TRIAL EDITION SOFTWARE, YOU CAN RECOVER FROM NOVULO AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
   
   This limitation applies to
   • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
   • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
   It also applies even if Novulo knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

5. BUSINESS OR PROFESSIONAL EDITION SOFTWARE TERMS

The following terms apply to the Business Edition software and the Professional Edition software even if there are terms to the contrary in other parts of this agreement:

1. TIME-SENSITIVE SOFTWARE. If the version of the software is a Business or Professional Edition, the software will stop running one year after your license has been acquired. This agreement shall be renewable at the end of the current term for a successive one year term unless either party gives written notice of its intention not to renew one month before expiration of the current term. You may not be able to access data used with the software when it stops running.
2. INLUDED RUN-TIME LICENSES. Both editions include licenses for the Express Edition of the Novulo Application Server. The Business Edition includes the right to purchase concurrent user limited and server limited Professional Editions of the Novulo Application Server. The Professional Edition includes an unlimited number of Professional Editions of the Novulo Application Server. All Novulo Application Server licenses are time limited to no later date than the end of the current term.

6. EARLY TERMINATION

In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Licensor believes that Licensee has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have two weeks from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within the two weeks, the non-breaching party shall have the right to terminate the Agreement without further notice.

Upon Termination of this Agreement for cause your online access to the software shall be terminated.

7. USER ACCOUNTS

The software requires a username and password ("user account") to access it. You are responsible for the use of user accounts assigned to you. You cannot share account details with third parties.

8. NOVULO APPLICATION SERVER SOFTWARE

The software contains Novulo Application Server software. The license terms for Novulo Application Server apply to your use of the Novulo Application Server software.

9. SCOPE OF LICENSE

The software is licensed, not sold. This agreement only gives you some rights to use the software. Novulo reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.

10. EXPORT RESTRICTIONS

The software is subject to the export laws and regulations of the Netherlands. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

11. SUPPORT SERVICES

Novulo provides support services for the software as described at http://www.novulo.com.

12. ENTIRE AGREEMENT

This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

13. APPLICABLE LAW

The law of the Netherlands governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. In addition, Novulo General Conditions apply to this agreement. The conditions are deposited at the Chamber of Commerce in Enschede, The Netherlands.

14. LEGAL EFFECT

This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

15. LIMITATION ON AND EXCLUSION OF DAMAGES

YOU CAN RECOVER FROM NOVULO AND ITS DISTRIBUTORS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• Novulo knew or should have known about the possibility of the damages.

Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

LIMITED WARRANTY

1. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Novulo materials that you receive in or with the software.
2. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER.
   TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. These limitations might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
3. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Novulo’s reasonable control.
4. REMEDY FOR BREACH OF WARRANTY. NOVULO WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF NOVULO CANNOT REPAIR OR REPLACE IT, NOVULO WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF NOVULO CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO NOVULO WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
5. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
6. WARRANTY PROCEDURES. You need proof of purchase for warranty service. For warranty service or information about how to obtain a refund, contact Novulo at
   • +31 53 436 2340;
   • Novulo Customer Service, PO Box 466, 7521 AL ENSCHEDE, The Netherlands; or
   • visit www.novulo.com.
7. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM NOVULO. NOVULO GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, NOVULO EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
8. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.