The Data Enabled Enterprise Modeler (DE2M) application and this End User License Agreement are copyright © 2009 Pragmatica Innovations, LLC All rights reserved.

This End User License Agreement (“EULA”) will appear every time the Data Enabled Enterprise Modeler (DE2M) application (the “application”) is launched until you agree to the terms set forth in this agreement by selecting the “I Agree” option and then selecting next. 

This EULA is a binding legal agreement between you and Pragmatica Innovations, LLC (“Pragmatica Innovations”). The terms of this agreement govern the use of this application.  Please carefully review the terms and conditions in this agreement before installing or using the application. 

Pragmatica Innovations licenses this application to you subject to the terms contained in this agreement. By installing or otherwise using the application, you agree to be bound by the terms and conditions of this agreement.  This agreement supersedes and replaces any prior proposal, representation, agreement, or understanding you may have had with Pragmatica Innovations relating to the application.

Reservation of Rights. Pragmatica Innovations hereby reserves all rights not expressly granted by this agreement. Nothing in this agreement constitutes a sale or grant of any ownership rights in or to the application.

DEFINITIONS.  
"Application" is defined as Data Enabled Enterprise Modeler (DE2M) application, and any updates enhancements, modifications, revisions, additions, or versions (including Lite, Standard, and Enterprise) of the application.

The terms "you", "your" or "user" are synonymous, and refer to someone who is an “end user” of the application. 

"Server device" refers to a computer or device owned, leased, or otherwise controlled by the end user on which a database instance is located that this application will connect to.

"Client device" is defined as the computer or device owned, leased, or otherwise controlled by an end user that will connect to a server device database instance.

“License key” is defined as a string of characters and numbers that encodes the database identifier (DBID) of your database or the MAC address of your computer, the date end user license expires, and the number of concurrent users allowed to connect to the Database Instance through the application concurrently. 

“Concurrent license” is defined as the right for multiple users to use this application, on multiple client devices, under the terms of this agreement as long as only one user is using the application at any given time per concurrent license.

“License details” describes a document that contains several pieces of information including the license key, the type of license given to you, the number of concurrent users your license permits, the expiration date of the license key and other information pertaining to your license. This may also be referred to as your License File.

“Partner” is defined as an individual or group of individuals who have agreed to partner with Pragmatica Innovations in some capacity with regard to this application. Partners have been explicitly recorded and have been made known that they are a partner.  If you would like to become a partner, please contact Pragmatica Innovations using the contact information provided below.
 
“Trial user” is defined as an individual or group of individuals who use the application for a limited time to demonstrate, test, and evaluate the functionality of the application. 

“Evaluation Period” is a period of time that starts the first time you use the application and ends 30 days later. During this time you are licensed under the DE2M Lite Trial User license type described below for a 30 day period with 1 concurrent user. This means you are using the DE2M Lite version of the application and are restricted to its functionality until installing a license file. This also means all restrictions of the DE2M Lite Trial User license apply to you including, but not limited to, only using the Lite version of the application and only for its intended use. 

When either of the following 2 events occur you will no longer be considered to be in the Evaluation Period:
1. When you have received and installed a License file through activation
2. When the 30 day period mentioned above ends

If you choose to use this software after the 30-day evaluation period, a license must be purchased and installed. Use the information below or visit www.de2m.com to contact Pragmatica Innovations to purchase a license. Upon payment of the license fee, you will be sent a license file by email. If you choose not to purchase a license you must remove all copies of the application from your computer. Use of the application beyond the Evaluation Period without installing a valid license is against United States Copyright laws.
Pragmatica Innovations may extend the Evaluation Period on request and at their discretion.

“Production” is defined as using the application in a manner that is beyond demonstration, testing, and evaluation of the functionality of the application.  The application is also considered to be being used for production purposes if one or more of the following occur: 
a)	Money is being exchanged directly or indirectly for products, data, or services performed or produced using this application. 
b)	A person or organization other than a partner or trial user is using the application or data produced by the application. 

APPLICATION VERSIONS

"Lite" is defined as a version of the application that has limited functionality. It uses Microsoft Access exclusively as its backend database. It is intended to be installed and used on a single client device by a single end user physically sitting at the machine on which the application is installed. It is not to be hosted on a device in which multiple people can access the application through a network or application sharing software such as Microsoft Remote Desktop, or the like. The Microsoft Access databases that this version uses are referred to as DE2 Repository Lite instances.

"Standard" is defined as a version of the application that has normal functionality. It uses Microsoft Access exclusively as its backend database. It is intended to be used on multiple client devices by multiple end users on a single local area network. The Microsoft Access databases that this version uses are referred to as DE2 Repository Lite instances.

"Enterprise" is defined as a version of the application that has extended functionality. It uses Microsoft Access and Oracle Database as its backend databases. It is intended to be used for production on multiple client devices by multiple end users over the internet or through a local area network. The Oracle Database instances that this version uses are referred to as DE2 Repository instances.

Using any version of the application different than its intended use is a violation of this agreement.

For more information on the different versions of DE2M and their restrictions see our website at www.de2m.com

LICENSE TYPES. 
All types of licenses are bound to all the terms of this agreement with exclusions outlined in the specific details described for each license type. The license type you are bound to is based on the currently loaded license file in the application. Information on your license can be found in your license details document, the License Configuration Screen, or by contacting Pragmatica Innovations.

There are nine (9) types of licenses. They are a combination of an application version and either Individual, Partner, or Trial. They are separated into the 3 application categories below. You may be granted multiple licenses by Pragmatica Innovations by providing you with multiple license files but only one (1) license may be active at any given time per client device.

Enterprise
1) DE2M Enterprise Individual License
2) DE2M Enterprise Partner License
3) DE2M Enterprise Trial License

Standard
4) DE2M Standard Individual License
5) DE2M Standard Partner License
6) DE2M Standard Trial License

Lite
7) DE2M Lite Individual License
8) DE2M Lite Partner License
9) DE2M Lite Trial License

Enterprise
1.	DE2M Enterprise Individual License.  You are granted an individual, limited, non-exclusive, non-transferable license to install one (1) DE2 Repository instance on one (1) server device. You are also granted a personal, limited, non-exclusive, non-transferable license to install and use DE2M Enterprise on up to five (5) client devices per concurrent license you have purchased. 

2.	DE2M Enterprise Partner License.  You are granted a personal, limited, non-exclusive, non-transferable license to install unlimited DE2 Repository instances on an unlimited number of Database Instances on unlimited server devices. You are also granted a limited, non-exclusive, non-transferable license to install and use DE2M Enterprise on one (1) client device.  Under this type of License the application may not to be used for Production use. This License type is available only to explicit partners documented by Pragmatica Innovations, LLC. 

3.	DE2M Enterprise Trial License. You are granted an individual, limited, non-exclusive, non-transferable license to install one (1) DE2 Repository instance on one (1) server device. You are also granted an individual, limited, non-exclusive, non-transferable license to install and use DE2M Enterprise on one (1) client device. Under this type of License the application may not to be used for Production use. 

Standard
4.	DE2M Standard Individual License.  You are granted an individual, limited, non-exclusive, non-transferable license to install multiple DE2 Repository Lite instances on one (1) server device. You are also granted a personal, limited, non-exclusive, non-transferable license to install and use DE2M Standard on up to five (5) client devices per concurrent license you have purchased. 

5.	DE2M Standard Partner License.  You are granted a personal, limited, non-exclusive, non-transferable license to install on an unlimited number of DE2 Repository Lite instances on unlimited server devices. You are also granted a limited, non-exclusive, non-transferable license to install and use DE2M Standard on one (1) client device.  Under this type of License the application may not to be used for Individual or Production use. This License type is available only to explicit partners documented by Pragmatica Innovations, LLC. 

6.	DE2M Standard Trial License. You are granted an individual, limited, non-exclusive, non-transferable license to install on an unlimited number of DE2 Repository Lite instances on one (1) server device. You are also granted an individual, limited, non-exclusive, non-transferable license to install and use DE2M Standard on one (1) client device. Under this type of License the application may NOT to be used for Production use. 

Lite
7.	DE2M Lite Individual License.  You are granted an individual, limited, non-exclusive, non-transferable license to install on multiple DE2 Repository Lite instances on one (1) server device. You are also granted a personal, limited, non-exclusive, non-transferable license to install and use DE2M Lite on one (1) client. The client device and server device must be the same machine.

8.	DE2M Lite Partner License.  You are granted a personal, limited, non-exclusive, non-transferable license to install on an unlimited number of DE2 Repository Lite instances on unlimited server devices. You are also granted a limited, non-exclusive, non-transferable license to install and use DE2M Lite on unlimited client devices. Under this type of License the application may not to be used for Individual or Production use. This License type is available only to explicit partners documented by Pragmatica Innovations, LLC. The client device and server device must be the same machine for each pairing.

9.	DE2M Lite Trial License. You are granted an individual, limited, non-exclusive, non-transferable license to install on an unlimited number of DE2 Repository Lite instances on one (1) server device. You are also granted an individual, limited, non-exclusive, non-transferable license to install and use DE2M Lite on one (1) client device. Under this type of License the application may not to be used for Production use. The client device and server device must be the same machine.

Concurrent Licenses. The number of concurrent licenses available for use is detailed in your license details. You are in violation of this agreement if the number of client devices currently connected to the server device is greater than the number of concurrent licenses you have purchased.

Expiration. Your right to use or install this application ends on the date described in the license details. If you have not installed a License Key your right to use the application is limited by the Evaluation Period. To extend your permitted use of this application to a later date you must request and install a License Key and License Details from Pragmatica Innovations or the vendor you purchased the application from. If you have installed a License Key and use the application beyond the date detailed in the license details you are in violation of this agreement. If you have not installed a License Key and use the application beyond the Evaluation Period you are in violation of this agreement.

Use the information below or visit www.de2m.com to contact Pragmatica Innovations to purchase a license. Upon payment of the license fee, you will be sent a license file by email. 
If you choose not to purchase a license after expiration you must remove all copies of the application from your computer. Use of the application after expiration without installing a valid license is against United States Copyright laws.

MANDATORY ACTIVATION.  To enable this application to run for more than the Evaluation Period the application must be “activated” by obtaining a “license key” and “license details” through email or by telephone. The license key provided through the activation process combined with your acceptance of this agreement will enable the application for the terms agreed upon. Activation associates the use of the application with a specific device. During activation, the application may send information about the application and the device to Pragmatica Innovations or its representatives. This information may include the application version, the license information, internet protocol address of the device, your name, your email address, your company/organization name, and information derived from the hardware configuration. By using the application, you consent to the transmission of this information. After the Evaluation Period expires, if the application has not been activated, your rights to use the application and the functionality of the application will be limited until the application is activated. This is to prevent its unlicensed use. You can activate the application by internet or telephone; internet and telephone service charges may apply. Some changes to your devices components or the application may require you to reactivate the application. 

If you have acquired the application without a license key and license details please contact Pragmatica Innovations or the vendor you acquired the application from to purchase one.

REASSIGN TO ANOTHER DEVICE.  You may reassign the license to a different device any number of times, but not more than one time every 90 days.  If you reassign, that other device becomes the “licensed device.”  If you retire the licensed device due to hardware failure, you may reassign the license sooner. If you need to reassign the application to another device more frequently, contact Pragmatica Innovations for permission and instructions.

SCOPE OF LICENSE.  This application is licensed, not sold. This agreement only gives you some rights to use the application.  Pragmatica Innovations and its representatives, reserve all other rights. You agree that you will not:
·	sublicense, copy, lend, lease, rent, transfer or otherwise make any part of the application available to any third party;
·	modify, adapt, translate or create derivative works based on the application;
·	decompile, reverse-engineer or disassemble the application or license keys, or otherwise attempt to obtain the source code of the application;
·	work around any limitations imposed by the application such as the limiting of concurrent user sessions, license key expiration date, or the Database DBID or computer MAC Address checking (such as through spoofing); 
·	remove or alter the copyright, trademark or other intellectual property notices on the application; or
·	Use the application in the operation of aircraft navigation or communication systems, life support machines, nuclear facilities, air traffic control systems or other equipment in which the failure of the application could lead to death, personal injury, or severe physical or environmental damage.

BACKUP COPY.  You may make one backup copy of the media.  You may use it only to reinstall the software.

SUPPORT SERVICES.  For the application, contact the vendor or installer for support options.  Refer to the support number provided with the application.  For updates and supplements obtained directly from Pragmatica Innovations, Pragmatica Innovations provides support as described at http://www.de2m.com/TechSupport.html

PROPRIETARY RIGHTS. The application is protected by U.S. and international copyright laws and other laws, and by the terms of this Application License Agreement.  Other than the limited license granted to you in the License section of this Agreement, Pragmatica Innovations reserves all patent, copyright, trade secret, trade name, trademark, and other proprietary rights related to the application.  

DISCLAIMER OF WARRANTIES.  To the extent permitted by applicable law and except as expressly provided above, the application is "as-is" and Pragmatica Innovations, its affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers and suppliers (collectively, "representatives") disclaim all warranties, express or implied, regarding the application, disk and related materials, including any warranty of fitness for a particular purpose, title, merchantability, or non-infringement.
Pragmatica Innovations does not warrant that the application is secure, free from bugs, viruses, interruption, errors, or other program limitations. The Representatives shall be under no obligation to provide any updates, enhancements, modifications, revisions or additions to the application.

UPGRADE OR CONVERSION.  To upgrade or convert the application, you must first be licensed for the application that is eligible for the upgrade or conversion.  Upon upgrade or conversion, this agreement takes the place of the agreement for the application you upgraded or converted from.  After you upgrade or convert, you may no longer use the earlier version of the application you upgraded or converted from.
You may only obtain updates or upgrades for the application from Pragmatica Innovations or authorized sources.  For more information on obtaining updates from authorized sources, see www.pragmatica-innovations.com

EXCLUSION.  Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.  In that event, any implied warranties are limited in duration to 30 days from the date of purchase of the application.  Some states do not allow limitations on how long an implied warranty lasts, so the 30-day limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.

LIMITATION OF LIABILITY AND DAMAGES.  You agree not to hold Pragmatica Innovations liable for any loss or damage incurred as a result of your use of the application, and your exclusive remedy and the entire liability of Pragmatica Innovations and its representatives for any reason shall be limited to the amount paid by you for the application to Pragmatica Innovations or its authorized resellers.
To the maximum extent permitted by applicable law, Pragmatica Innovations and its representatives are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss, corruption or theft of data, personal injury, loss of profits or investment, or the like), whether based on principles of breach of contract, breach of warranty, breach of statutory duty, tort (including negligence), product liability (including bugs, viruses, interruption, errors, or other program limitations) or otherwise, even if Pragmatica Innovations or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.  In no event does Pragmatica Innovations assume any liability to any party other than you arising out of your use or inability to use the application.
Some states do not allow the limitation and/or exclusion of liability for personal injury, and incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TERMINATION.  This Agreement sets forth the entire liability of Pragmatica Innovations and its representatives and your exclusive remedy with respect to the application, and is a complete statement of the agreement between you and Pragmatica Innovations.  Your license under this Agreement shall terminate immediately if you breach any of the terms or conditions of the Agreement, and Pragmatica Innovations is entitled to enforce its rights hereunder by an action for damages or by specific performance, injunctive or other equitable relief.  Upon such termination, you must immediately uninstall the application from your computer, return the application to Pragmatica Innovations and destroy all backup copies.

EXPORT RESTRICTIONS.  You acknowledge and agree that the application is subject to U.S. export restrictions and to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts").  You agree to comply with all applicable international and national laws that apply to the application.  You agree and certify that neither the application nor any direct product thereof is being or will be used for any purpose prohibited by the Acts.  

U.S. GOVERNMENT RESTRICTED RIGHTS.  The application is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial application" and "commercial application documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4, all U.S. Government End Users acquire the application with only those rights set forth herein.

ENTIRE AGREEMENT.  This Agreement does not limit any rights that Pragmatica Innovations may have under trade secret, copyright, patent or other laws.  The agents, employees, distributors, and dealers of Pragmatica Innovations are not authorized to make modifications to this EULA, or to make any additional representations, commitments, or warranties binding on Pragmatica Innovations. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.  This Agreement will be governed by the laws of the State of Virginia as applied to agreements entered into and to be performed entirely within Virginia without regard to its choice of law or conflicts of law principles and applicable federal law.  You consent to the jurisdiction of the state and federal courts located in the State of Virginia for all disputes related to this Agreement. 

You affirm and warrant that you are legally competent to enter into this Agreement.

The Data Enabled Enterprise Suite is an independent set of products developed by Pragmatica Innovations and is not affiliated with, nor has it been authorized, sponsored, or otherwise approved by Microsoft or Oracle Corporation. Microsoft Visio®, Excel®, Word®, Remote Desktop®, and Access® are trademarks of the Microsoft group of companies. Oracle® and Oracle Database® are registered trademarks of Oracle and/or its affiliates. DE2M®, DE2R®, DE2RM® and DE2® are registered trademarks of Pragmatica Innovations and its affiliates. Other names may be trademarks of their respective owners.

CONTACT INFORMATION: 
For all inquiries:  tech.support@pragmatica-innovations.com
Or for additional information: http://www.pragmatica-innovations.com
Also visit our product site: http://www.de2m.com