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Trerado

Enterprise Architect Trerado™ End User License Agreement (EULA)


Version 2026, Designer, Core, Collaborator

Copyright 1998-2026 inclusive, Sparx Systems Pty Ltd. All Rights Reserved.

IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between YOU (an individual person) as the Licensee of the SOFTWARE PRODUCT ("You") and SPARX SYSTEMS PTY LTD ("SPARX") as owner of the SOFTWARE PRODUCT. The CUSTOMER & SELLER are collectively referred as "PARTIES".

By installing, copying, or otherwise using any version of the SOFTWARE PRODUCT, however obtained, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA immediately cease to use the SOFTWARE PRODUCT. If you have paid to use the Registered Version of Enterprise Architect Trerado promptly return it to the place of purchase for a full refund within 30 days of purchase.

Your use of the SOFTWARE PRODUCT indicates your acceptance of this EULA and warranty. The EULA applies to all versions of the SOFTWARE PRODUCT, regardless of age. Sparx Systems will notify you of any significant changes to the EULA via email or through the software interface. Continued use of the SOFTWARE PRODUCT after such notification will constitute acceptance of the updated terms, so please refer to this document from time to time.

The copyright in all versions of the SOFTWARE PRODUCT and its associated documentation is owned by Sparx Systems Pty Ltd (A.C.N 085 034 546), and is software that is licensed, not assigned to you. The license may be revoked. All rights not explicitly licensed to you are reserved to Sparx without limitation.

Subject to the terms of this EULA, You are granted a non-exclusive license to use the SOFTWARE PRODUCT exclusively on the terms of this agreement. For the avoidance of doubt, You do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA.

Enterprise Architect Trerado offers software for viewing, sharing, updating and collaborating on SPARX models (architecture, process, analysis, specification and software design models) to companies for temporary installation and use on the CUSTOMER'S own hardware. The terms and conditions of User Agreement (Subscription) (the "Agreement") regulate the use of the SOFTWARE PRODUCT. By installing the SOFTWARE PRODUCT, you agree with the following terms of the Agreement.

 

1. DEFINITIONS

In this End User License Agreement, the following terms apply unless otherwise specified:

  • "EULA" means this End User License Agreement;
  • "SPARX" means Sparx Systems Pty Ltd A.C.N. 085 034 546;
  • "Trerado" or "Enterprise Architect Trerado" means Sparx Systems Enterprise Architect Trerado, proprietary software wholly owned and controlled by SPARX;
  • "Licensee" means You, or the organization (if any), or the person on whose behalf You are accepting the terms of this EULA;
  • "Registered Edition of Enterprise Architect Trerado" means the edition of the SOFTWARE PRODUCT which is available for purchase from the web site: https://sparxsystems.com/;
  • "SOFTWARE PRODUCT" or "SOFTWARE" means the following software products inclusively, or any one of them (as the case may be): 'Trerado', 'Workgroup', 'Team', 'Team Plus', 'Enterprise' and 'Enterprise Plus', Core, Web Collaborator, Trerado Engine, Mailer, Lookup, Service Management and Web application; which includes computer software and associated media and printed materials (in digital or physical form), and any applicable online or electronic documentation;
  • "Support Services" means email-based support provided by SPARX, including advice on usage of the SOFTWARE PRODUCT, investigation of bugs, fixes, repairs of models, if and when appropriate, and general product support;
  • "SPARX support engineers" means employees of SPARX who provide on-line support services;
  • "Trial Edition of Enterprise Architect Trerado" means the edition of the SOFTWARE PRODUCT which is available for a fee for evaluation purposes;
  • "Zero Config" means running the SOFTWARE PRODUCT instance locally on an end user machine, as per the terms of this license, where the binary executables and associated files are stored and accessed from a network file server instead of being installed locally on the end user machine;
  • "Remote Desktop" means a mechanism by which an end user runs an exclusive instance of the SOFTWARE PRODUCT on a remote machine, but manipulates the instance as if it were installed and executing on his current machine.
  • "WORKER EDITION" means the copy of Trerado Software installed within the SOFTWARE PRODUCT service. It may be installed on a server and can only be used to update diagrams and document caches for models hosted by the Trerado Core and WebEA.
  • "OSLC INTERFACE" is the Application Programming Interface (API) exposed by the SOFTWARE PRODUCT over network protocols.

2. GRANT OF LICENSE IN TRERADO DESIGNER

Subject to clause 3 below and in accordance with the terms of this EULA, You are granted these rights:

  • To install and use one copy of the SOFTWARE PRODUCT or, in its place, any prior version for the same operating system, on a single computer. This license is for direct and exclusive use of the SOFTWARE PRODUCT only through the input hardware mechanisms of the licensed computer, such as a keyboard, mouse, or via a touchscreen. As the primary user of the computer or device on which the SOFTWARE PRODUCT is installed, You may make a second copy for your exclusive use on either a home or portable computer.
  • To store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a file server, used only to install the SOFTWARE PRODUCT or execute the SOFTWARE PRODUCT in ZERO CONFIG mode on the licensed users local machine.
  • If YOU want to increase the number of users entitled to concurrently access the SOFTWARE PRODUCT, YOU must notify SPARX and agree to pay an additional fee (if applicable) for the transfer in the type of license granted to you.
  • To make copies of the SOFTWARE PRODUCT for backup and archival purposes only.
  • A perpetual license to use the SOFTWARE PRODUCT beyond the term of the Agreement is explicitly not granted

3. FLOATING LICENSES IN THE REGISTERED EDITION OF TRERADO

Floating License: A floating license to use the Registered Edition of Trerado Designer comes built into the Trerado package. This license is transferable to other individuals within that organization. The number of users that may use a Registered Edition of Trerado at any one time is limited to the number of licenses actually purchased and available within Trerado Core. Sparx Systems Trerado comes with Trerado Core to assist in the management of Floating License keys.

4. GRANT OF LICENSE TRERADO CORE

In accordance with the terms of this EULA YOU are granted the following rights:

  • To install, use copies of the SOFTWARE PRODUCT, or in its place, any prior version for the same operating system, on a single server run by you, or by a third party, where the benefit of such server is limited to You. You may not allow others to use this server, unless they own a separate, legally obtained licence to use the Software Product.
  • As the primary user of the computer on which the SOFTWARE PRODUCT is installed, YOU may make a second copy for backup purposes.
  • To store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT over an internal network server, used only to install or run the SOFTWARE PRODUCT over an internal network. If YOU wish to increase the number of servers concurrently running the SOFTWARE PRODUCT, YOU must notify SPARX and agree to pay an additional fee.
  • To make copies of the SOFTWARE PRODUCT for backup, archival and instructional purposes.
  • The WORKER EDITION may only be used to support the operation of the SOFTWARE PRODUCT. It may be installed on a single server or user machine
  • The OSLC INTERFACE may be used by the Licensee for internal purposes. Commercial use of the OSLC interface requires authorisation from SPARX and agreement to the Pro Cloud Server Commercial license.
  • A perpetual license to use the SOFTWARE PRODUCT beyond the term of the Agreement is explicitly not granted.

5. GRANT OF LICENSE TRERADO COLLABORATOR

  • The object of this Agreement is the temporary provisioning of the SOFTWARE PRODUCT by SPARX to the CUSTOMER for the use of its functionality and the grant of rights to use the SOFTWARE PRODUCT and the provision of User Support during the term of this Agreement. This service is chargeable in form of a fee. A perpetual license to use the SOFTWARE PRODUCT beyond the term of the Agreement is explicitly not granted.
  • The number of individuals permitted to access the SOFTWARE PRODUCT is based on the number of "USERS" requested and subsequently fully paid for by the CUSTOMER. A "USER" can be an individual, who is either (i) an employee of the CUSTOMER, (ii) an employee of a company within the CUSTOMER'S group of companies or (iii) someone, who is working under direction of the CUSTOMER or under direction of a company within the CUSTOMER'S group of companies based on a contractual agreement (e.g. external consultant, contractor).
  • Both PARTIES understand and agree that all data submitted by CUSTOMER to the database of the SOFTWARE PRODUCT and subsequently contained in any reports, spreadsheets or analysis of any kind generated by the SOFTWARE PRODUCT (together "CLIENT DATA") is exclusive property of CUSTOMER and nothing contained herein shall restrict CUSTOMER from using such CLIENT DATA in any way it deems fit. SPARX shall only use CLIENT DATA for the benefit of CUSTOMER as required to its obligations under this Agreement.
  • SPARX shall provide the CUSTOMER with installation documentation and USER Documentation" for the SOFTWARE PRODUCT in electronic form, in English by making the documentation accessible online. If Trerado provides an UPDATE to the SOFTWARE PRODUCT, the USER Documentation shall be modified accordingly. This only applies, however, if the effects on the USER Documentation are substantial.
  • The CUSTOMER shall be entitled to store and print out the documentation provided, and to duplicate the same in reasonable quantities for the purposes of this Agreement, subject to retaining all logos, ownership, confidentiality and other property right notices. In all other respects, the restrictions on use agreed of the SOFTWARE PRODUCT as per section Rights of use for SOFTWARE PRODUCT.
  • The CUSTOMER and its Affiliates receive, with the full payment of the fee, a non-exclusive, non-perpetual, royalty free, non-sublicensable, enterprise wide, worldwide, and non-transferable right of use for the SOFTWARE PRODUCT and the Documentation, limited to the term of this Agreement, in accordance with the following provisions:
  • The CUSTOMER shall be entitled to use the SOFTWARE PRODUCT for the duration mentioned in the invoice or quote provided to the CUSTOMER by SPARX.
  • The conveyance of the SOFTWARE PRODUCT to the CUSTOMER takes place on a temporary basis. The CUSTOMER may only use the SOFTWARE PRODUCT for its own commercial activities.
  • The CUSTOMER shall be entitled to use the SOFTWARE PRODUCT itself and through its employees or authorised agents in so far as these have been registered by it as authorised USERS. A replacement of authorised USERS with other USERS is possible at any time. The licensee vis-a-vis SPARX is exclusively the CUSTOMER. Authorised USERS are not allowed to share their user name or passwords (or other login credentials) with others, either in the employment of the CUSTOMER or otherwise.
  • The CUSTOMER shall not be entitled to make any changes to the SOFTWARE PRODUCT. CUSTOMER shall not embed any third-party software into the SOFTWARE PRODUCT other than what is permitted in the SPARX"s Documentation. In particular, it shall not be entitled to investigate its mode of operation by way of so-called reverse engineering, to de-compile or dismantle it in its parts and/or to use it as a basis for its own software programs. For the purpose of integration with an independently developed computer program, the required application programming interface (API) may be licensed from SPARX for an optional additional license fee.
  • The CUSTOMER shall not be entitled to any additional rights which have not been expressly granted under this Agreement. This Agreement grants no ownership or intellectual property rights or any other comparable right for the SOFTWARE PRODUCT. All intellectual property rights remain with SPARX also in case of the rights granted according to this Agreement. The CUSTOMER shall not be entitled to use the SOFTWARE PRODUCT beyond the agreed scope or to make the SOFTWARE PRODUCT accessible to third parties without the written approval of SPARX and shall not be permitted to replicate or sell the SOFTWARE PRODUCT or convey the use of the same temporarily, in particular to hire it out or to lend it or provision it.
  • All documents delivered to the CUSTOMER (the "Documentation") are to be kept confidential unless otherwise publicly available. Their contents may not be disclosed to third parties without the prior written consent of SPARX.
  • The SOFTWARE PRODUCT is provided with a license file, which determines the number and type of the licenses, license edition and integrations. The technical effectiveness of the license file is limited to the respective fixed term of the Agreement between the Parties (hereinafter "TERM") and needs to be replaced upon expiration of the TERM. If the CUSTOMER does not terminate the Agreement before the applicable period of cancellation, then SPARX shall notify the CUSTOMER within reasonable time before the expiration of the license file. SPARX shall also provide renewed license information only upon receipt of payment or confirmation of service renewal. No renewed license information shall be shared without the CUSTOMER renewing the service.
  • The CUSTOMER and its Affiliates" third-party service providers may use the SOFTWARE PRODUCT as set forth herein for the purpose of performing services for CUSTOMER and its Affiliates.

6. Responsibilities and Obligations of CUSTOMER - TRERADO COLLABORATOR

The CUSTOMER shall fulfil all duties and obligations as necessary for the performance of the agreement. It shall in particular:

  • Keep the authorisations of use and access credentials and rights allocated to it and/or to its USERS confidential, protect the SOFTWARE PRODUCT from access by third parties not specifically allowed under this Agreement and not pass on the same to unauthorised USERS. This authorisation data and credentials are to be protected by appropriate and usual measures. The CUSTOMER shall immediately notify SPARX if the suspicion exists that non-authorised individuals may have become aware of any USER's access credentials or passwords, or have otherwise circumvented the provided USER authentication methods of the SOFTWARE PRODUCT ; and
  • Comply with the restrictions/obligations in relation to Rights of use for SOFTWARE PRODUCT in particular and:
  • Name all USERS intended to use the SOFTWARE PRODUCT under Rights of use for SOFTWARE PRODUCT, and also any changes to the USERS and to keep all USER-relevant information up-to-date
  • All USER accounts must be specified by using a non-ambiguously assigned e-mail address (login name) for each authorised USER according to section Rights of use for SOFTWARE PRODUCT. The use of e-mail distribution lists or generic user names or sharing of passwords to access the SOFTWARE PRODUCT is explicitly not allowed;
  • Without authorisation, extract any programs, components, information or data, or enable third parties to extract the same, or interfere with SOFTWARE PRODUCTS (in particular the license file) which are provided by SPARX, or cause any such interferences to be made, or, without authorisation, to probe or penetrate data networks of SPARX or promote any such penetrations;
  • Obligate the authorised USERS that they will comply with all provisions of this Agreement applicable to them;
  • Report any defects of the SOFTWARE PRODUCT in text form. An oral report is possible, if the CUSTOMER also reports the defect in text form within 2 (two) working days. The report has to describe the defect in detail (in particular the conditions, under which it appears, symptoms and effect of the defect);
  • Grant remote access rights to SOFTWARE PRODUCT, as long as this is necessary to achieve the object of this Agreement, e.g. for error analysis by SPARX. SPARX's support will contact the CUSTOMER for this purpose by e-mail or phone and in each case agrees upon the beginning of the remote access session. The CUSTOMER shall have the right to document and track the measures of SPARX during the remote access and if necessary to conduct the required technical and organisational measures (such as data backup). CUSTOMER understands and accepts that in the course of a remote access session some CUSTOMER information may be lost (e.g. work results, inserted data), e.g. as a result of restoring the SOFTWARE PRODUCT to an earlier state. It is solely the CUSTOMER'S responsibility to back up all information before the start of a remote access session as described in the Administrator's guide. If the backup of the data fails, the CUSTOMER is obliged to inform SPARX prior to the start of remote access session.

7. ADDITIONAL RIGHTS AND LIMITATIONS

All rights not expressly granted to you are reserved by Sparx Systems. For the avoidance of doubt, and without limitation:

  • All rights not expressly granted to you are reserved by Sparx Systems. For the avoidance of doubt, and without limitation:
  • You explicitly undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, sub-license, loan, resell or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA;
  • SPARX does not allow you to virtualize features of the SOFTWARE PRODUCT separately, or work around any technical restrictions or limitations in the SOFTWARE PRODUCT;
  • You undertake not to reproduce or distribute license key-codes except under the express and written permission of SPARX;
  • You further undertake not to use any part of THE SOFTWARE that will enable you to allow more than one user to use the Registered Edition of Enterprise Architect Trerado, despite only having obtained one fixed license. Any such unauthorized use will result in immediate termination of this EULA and may subject you to legal action for damages and lost revenue.
  • "Remote Desktop" access and the "Zero Config" operation are permitted provided the end user is licensed, has agreed to the terms of this EULA and accessing their exclusive instance of Enterprise Architect Trerado on their primary desktop machine;
  • Server-based installations that provide concurrent end users with content or functionality derived from a running remote instance of Enterprise Architect Trerado over a network are not supported by Sparx Systems. Any such use must comply with the terms detailed at https://sparxsystems.com/products/ea/server-legal.html and requires explicit written consent from Sparx Systems;
    • Every end user MUST have a genuine Enterprise Architect Trerado license of the correct edition;
    • The end user must have a licence under their own name, even if that licence is obtained by that user's organization on that person's behalf;
    • Sub-licensing Enterprise Architect Trerado by 3rd Parties to end users is not permitted;
    • A Fixed license per end user is required without exception. Licenses cannot be dynamically allocated or transferred between end users;
    • Unlimited Read-Only and/or Unlimited Read/Write access to a server based instance of Enterprise Architect Trerado is expressly forbidden as unlicensed end users may be illegally authorized (with or without their knowledge) to use the Enterprise Architect Trerado instance on the server.
    • A server based instance must NOT be used to create a derivative work, adapt Enterprise Architect Trerado for another platform, virtualize separate functionality or otherwise contravene the rights and entitlements granted to Sparx Systems under copyright law and not expressly granted to the end user in the Enterprise Architect Trerado EULA.
    • You acknowledge the risks and limitations inherent in using Enterprise Architect Trerado in a manner that is not supported nor recommended and waive all rights and warranties pertinent to this use.
  • Additional Rights: YOU further undertake not to reproduce, sub licence, share or distribute license key-codes except under the express and written permission of SPARX, which must be done in writing, on terms determined by Sparx at its sole discretion on a case by case basis. For more information, contact Sparx directly [email protected]
  • Both PARTIES agree that the SOFTWARE PRODUCT, depending on the service and components selected, may provide the possibility to integrate additional services from third parties. Those third-party services are not part of SPARX's service. The contractual partner of the CUSTOMER for such services is exclusively the third party and in no case SPARX. Only the terms of use and privacy policy of the respective third party apply for the third-party service.

8. INTELLECTUAL PROPERTY AND ASSIGNMENT

Sparx warrants that it owns all rights (including without limitation, all copyright, and other proprietary rights) in and to the SOFTWARE PRODUCT and that it is entitled to grant the licences in the SOFTWARE PRODUCT contained in this EULA without need for further agreement.

YOU may only assign all your rights and obligations under this EULA to another party if YOU supply to the transferee a copy of this EULA and all other documentation including proof of ownership. Your license is then terminated.

Sparx retains complete copyright ownership of all patterns, images, process and guidance documents shipped with the SOFTWARE PRODUCT. These may only be used within the SOFTWARE PRODUCT and other Sparx owned software.

9. TERMINATION

Without prejudice to any other rights, SPARX may terminate this EULA if YOU fail to comply with the terms and conditions. In such an event, Sparx Systems will provide written notice of the breach and a reasonable period to remedy the breach before termination.

10. WARRANTIES AND LIABILITY

SPARX warrants that:

  • The SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. For issues arising after this period, Sparx Systems may, at its discretion, offer limited support; and
  • Any Support Services provided by SPARX shall be substantially as described in applicable written materials provided to You by SPARX on a case by case basis, and SPARX support engineers will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.

11. RIGHT TO AUDIT

The CUSTOMER will allow SPARX, at SPARX's request, to verify the proper use of the SOFTWARE PRODUCT, in particular to determine if the CUSTOMER uses the SOFTWARE PRODUCT according to his purchased license volumes. For this purpose, the CUSTOMER will provide access to SPARX to relevant documentation and records, as well as allow the examination of the hardware and software environment used. SPARX or a designated by a certified auditing firm under confidential obligation named by SPARX that is also acceptable for the CUSTOMER is allowed to examine any relevant records at the CUSTOMER'S offices during its regular business hours. SPARX will ensure that the CUSTOMER'S business is not disturbed by this action more than necessary. If the results of the examination exceed the number of purchased licenses by more than 5% (five percent) or other use that was not agreed upon, the CUSTOMER shall bear the cost of the examination, otherwise SPARX is responsible for the audit costs.

12. EXCLUSION OF LIABILITY

To the maximum extent permitted by law, SPARX excludes, for itself and for any supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by You directly or indirectly (including without limitation lost costs, profits and data) arising out of:

  • Your use or misuse of the SOFTWARE PRODUCT;
  • Your inability to use or obtain access to the SOFTWARE PRODUCT;
  • Gross negligence of SPARX or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of SPARX's obligations under this EULA; or
  • Termination of this EULA by either party for any reason.

Sparx will remain liable to you in accordance with the terms of this EULA, in all cases where the user(s) has an active and paid up subscription. The indemnities in this EULA will have no effective where the SOFTWARE PRODUCT licence is obtained, used, acquired or assigned unlawfully.

13. LIMITATION OF LIABILITY

The SOFTWARE PRODUCT and any documentation are provided "AS IS" and all warranties, whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality; fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation; and being error or virus free are excluded. Where any applicable legislation implies in this EULA any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this EULA. However, the liability of SPARX for any breach of such term shall, if permitted by legislation, be limited, at SPARX's option to any one or more of the following, upon return of the SOFTWARE PRODUCT and a copy of the receipt:

  • If the breach relates to the SOFTWARE PRODUCT, Sparx shall at its discretion:
    • Replace the SOFTWARE PRODUCT; or
    • Cover the costs of the supply of an equivalent SOFTWARE PRODUCT (up to the aggregate liability figure listed below);
  • If the breach relates to services provided by Sparx in relation to the SOFTWARE PRODUCT, Sparx shall at its discretion provide:
    • The services again; or
    • The payment of the cost of having the services supplied again.

In all cases, the total aggregate liability of Sparx under or in connection with this agreement or use of the SOFTWARE PRODUCT shall be limited to the lesser of the cost of a SOFTWARE PRODUCT license (AU$600) or the actual amount paid by the user for the SOFTWARE PRODUCT. This limitation applies to all types of damages, whether direct, indirect, incidental, or consequential.

14. GENERAL TERMS

  • SPARX reserves the right to change provisions of this Agreement. SPARX will notify the CUSTOMER of such change by e-mail or in written form at least 30 (thirty) calendar days before coming into effect. The approval is given automatically if the CUSTOMER does not object the change via e-mail or in written form within 30 (thirty) calendar days of the receipt. If the CUSTOMER objects, the contractual relationship continues to be governed by the original Agreement terms.
  • The CUSTOMER is allowed to transfer this Agreement including all rights and obligations to an affiliated corporation. "Affiliate" of a CUSTOMER means any legal entity in which the CUSTOMER, directly or indirectly, holds fifty percent (50%) or more of the shares or voting rights or controls or is under common control with that legal entity. "Control" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract or otherwise. The CUSTOMER shall inform SPARX in writing about the new contractual partner within a period of 30 (thirty) calendar days before the effective date of the transfer.
  • SPARX is allowed to transfer this Agreement including all rights and obligations to a corporation of its choice. The transfer will come into effect 30 (thirty) calendar days after the receipt of the transfer notification sent by e-mail to the CUSTOMER. In case of a transfer of the Agreement, the CUSTOMER has the right for extraordinary termination of the Agreement, which needs to be exercised within 7 (seven) calendar days after receipt of the notification.
  • SPARX warrants that the SOFTWARE PRODUCT furnished to CUSTOMER shall not contain any Malicious Code which is defined as (i) any undisclosed program routine, device or other feature or hidden file, including, without limitation, a time bomb, virus, software lock, trojan horse, drop-dead device, worm, malicious logic or trap door, that is designed to delete, disable, deactivate, interfere with or otherwise harm the Software or any hardware, software, data or other programs of CUSTOMER or its Affiliates, or (ii) any transmitting or activating computer program, any communication feature or tool which enables SPARX to collect information regarding CUSTOMER's activities or data, or any hardware-limiting, software-limiting, or services-limiting function (including, but not limited to, any key, node lock, time-out or other similar functions), whether implemented by electronic or other means, or (iii) any viruses or malware. Notwithstanding the foregoing, it is understood that access to the SOFTWARE PRODUCT may be limited by means of License expressly set forth in the Agreement.

15. TRADEMARKS

All names of products and companies used in this EULA, the SOFTWARE PRODUCT, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses. Windows, Windows 2016 Server, Windows 2019 Server, Windows 2022 Server, and Windows 11 are trademarks of Microsoft.

16. PRIVACY AND CONTACT

Your privacy is important to us. Our privacy policy, which is incorporated into this EULA by reference, can be found at https://sparxsystems.com/privacy.html. By agreeing to this EULA, you also agree to the terms outlined in our privacy policy. Should you wish to contact us regarding privacy or any other matter contained in this EULA, please contact us at the following address [email protected]

17. GOVERNING LAW

This agreement is governed by the laws of the Commonwealth of Australia, State of Victoria.

18. OPEN SOURCE SOFTWARE

SPARX incorporates a small number of Open Source Projects into the SOFTWARE PRODUCT. While we strive to ensure compliance with all applicable open source licenses, SPARX disclaims any liability for faults or vulnerabilities inherent in these open source components. Users acknowledge the risks associated with using open source software and agree to indemnify Sparx Systems from any claims arising from such use.