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