BY USING OR DOWNLOADING ALL OR ANY PORTION OF THE ARIS EXPRESS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS RESPECTIVE CURRENT VERSION, INCLUDING, IN PARTICULAR, THE PROVISIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; CONNECTIVITY AND PRIVACY IN SECTION 6; WARRANTY IN SECTION 8 AND LIABILITY IN SECTIONS 9 AND 15. UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.

 

IDS SCHEER PERMITS YOU TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

 

1.        Definitions

 

 "IDS Scheer" means IDS Scheer AG, Altenkesselerstr. 17, 66115 Saarbrücken. "Computer" means a virtual or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Software" means (a) ARIS Express; related explanatory written materials or files ("Documentation"); and (b) upgrades, new versions, updates, and additions of the foregoing, provided to you by IDS Scheer at any time (collectively, "Updates"). "Use" means to access, install, download, or otherwise benefit from using the functionality of the Software. “Community” means the online website ARIS Community (http://www.ariscommunity.com/) and is the central distribution and integration platform of the Software. Within this document, this website is referred to by Community.

 

2.         Software License and Use of Software

 

If you obtained the Software from IDS Scheer, and subject to your compliance with the terms of this agreement, inc1uding the restrictions in Section 3, IDS Scheer grants to you a non-exc1usive, non-transferable license to use the Software in the manner and for the purposes described in the Documentation as follows:

You may install and use one copy of the Software on your compatible Computer. See Section 3 for important restrictions on the use of the Software.

This agreement does not permit you to install or use the software on a computer file server.

 

This license does not grant you the right to sublicense or distribute the Software.

 

You are not allowed to use the software without registration provided by the website.

 

IDS Scheer reserves the right to terminate all delivery and support of ARIS Express at any time.

 

3.        Obligations and Restrictions.        

3.1. IDS Scheer Runtime Restrictions. You will not use the ARIS Express license on any non-PC device or any operating System which is not compatible with ARIS Express or with any embedded or device version of any operating system. For the avoidance of doubt, and by example only, you may not use an ARIS Express license on any          
 
(a) mobile device, set top box (STB), handheld, phone, web pad, tablet and Tablet PC (other than with Windows XP Tablet PC Edition and its successors), game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, remote control device, or any other consumer electronics device,

(b) operator-based mobile, cable, satellite, or television system or (c) other closed system device.

 

3.2.  ARIS Express Restrictions. ARIS Express is licensed and distributed by IDS Scheer for viewing, editing, sharing ADF files. Each ADF file contains one visual model.

 

3.2.1.    Integration Restrictions. You will not integrate or use ARIS Express with any other software or plug-in software.

3.2.2.    Disabled Features. ARIS Express may contain features or functionalities that are hidden or appear disabled or "grayed out" (the "Disabled Features"). You will not access, or attempt to access, any hidden or Disabled Features nor will you rely on ARIS Express to create a feature substantially similar to any hidden or Disabled Feature or otherwise circumvent the technology that controls activation of any such feature.

3.3. Notices. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

 

4.        Transfer.

You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer.

 

5.        Intellectual Property Ownership, Reservation of Rights.

The Software and any authorized copies that you make are the intellectual property of IDS Scheer AG. The structure, organization and code of the Software are the valuable trade secrets and confidential information of IDS Scheer AG. The Software is protected by law, inc1uding without limitation the copyright laws of Germany, the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by IDS Scheer.

 

6.        Connectivity and Privacy.             

6.1.  Use of the Software. When you use the Software, your computer may connect to a website operated by IDS Scheer or other third party. Your Internet Protocol (IP) address is sent when this happens. The party hosting the site may use technology to send (or "serve") electronic content that appears in the software. Your registration information comprising your user information is sent to the website. This registration is required to activate the Software and use it. In addition, the Software may contact the Community to check for software updates or to receive additional files needed for running the software. Your communication with the Community is governed by the IDS Scheer Online Privacy Policy found at  http://www.ids-scheer.com/en/Service/Privacy_Policy/21954.html. IDS Scheer may not have access to or control over features that a third party may use, and the information practices of third party websites are not covered by the IDS Scheer Online Privacy Policy.

6.2. Updating. You acknowledge and agree that the Software may cause your Computer to automatically connect to the Internet to check for updates that are available for automatic download to your Computer and to let IDS Scheer know the Software is successfully installed. Only non-personal identifying information is transmitted to IDS Scheer when this happens. Your communication with IDS Scheer websites is governed by the IDS Scheer Online Privacy Policy found at  http://www.ids-scheer.com/en/Service/Privacy_Policy/21954.html. Please consult the Documentation for information about changing default update settings.

 

6.3. Settings. ARIS Express may cause certain user settings to be stored on your Computer as a local shared object.

 

7.        Third Party Offerings.   

The Software may allow you to access and interoperate with third party websites, software applications, and data services, inc1uding rich Internet applications ("Third Party Offerings"), Your access to and use of any Third Party Offering, inc1uding any goods, services or information, is governed by the terms and conditions respecting such offerings. Third Party Offerings are not owned or provided by IDS Scheer.

 

8.        No Warranty.

The Software is being delivered to you "AS IS" and with ALL FAULTS. IDS Scheer AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, IDS SCHEER AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 9, Section 10 and Section 15 shall survive the termination of this agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this agreement.

 

9.        Limitation of Liability.   

IN NO EVENT WILL IDS SCHEER BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF IDS SCHEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. IDS SCHEER' S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE, BUT MAXIMUM 1000 USD. IDS SCHEER is disclaiming, exc1uding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose.

 

10.     Export Rules.

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"), In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (inc1uding without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

 

11.     Governing Law.            

This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Pennsylvania.

 

12.     General Provisions.

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of IDS Scheer. Updates may be licensed to you by IDS Scheer with additional or different terms. This is the entire agreement between IDS Scheer and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

 

13.     Notice to U.S. Government End Users.       

For U.S. Government End Users, IDS Scheer agrees to comply with all applicable equal opportunity laws inc1uding, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this agreement.

 

14.     Compliance with Licenses.           

If you are a business or organization, you agree that upon request from IDS Scheer or IDS Scheer's authorized representative, you will, within thirty (30) days, fully document and certify in writing that use of any and all Software at the time of the request is in conformity with your valid licenses from IDS Scheer.

 

 

 

© Copyright IDS Scheer AG, Saarbrücken, 2009

All rights reserved.

The contents of this document are subject to copyright. Any changes, modifications, additions or amendments require prior written consent from IDS Scheer AG, Saarbrücken. Reproduction in any form is only permitted on the condition that the copyright notice remains on the actual document. Publication or translation in any form requires prior written consent from IDS Scheer AG, Saarbrücken.

“ARIS”, “IDS”, “ProcessWorld”, “PPM”,   "MashZone", Symbol ARIS Platform and figurative mark Y are trademarks or registered trademarks of IDS Scheer AG in Germany and in many other countries worldwide.

 

IDS Scheer AG

Postfach 10 15 34

66015 Saarbrücken

Germany

Fon: +49-681-210-0

Fax: +49-681-210-1000

http://www.ids-Scheer.com

Stand 05/2009

 

© IDS Scheer AG