NOTE - SITE IS NOW ARCHIVE FOR INFORMATION ONLY

Terms and conditions

These terms of use tells you how you can use of our website EXploringEA.co.uk (our site), whether as a guest, registered user or customer. Use of our site includes accessing, browsing, or registering to use our site.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use you must not use our site. Please read these terms carefully before using our site as they set out legally binding terms and conditions for your use of our site and all services provided by our site.

By accessing our site in any manner you agree to be bound by these terms.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

PASSWORDS

To access parts of our site you may be provided with a password and you are solely responsible for maintaining the security of your password. You may not disclose your password to any third party and you are solely responsible for any use of or action taken under your password on our site. If your password is compromised you must advise us and change it, or if it is a password that we have supplied then your must advise us and we will issue you with a new password.

We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your password, you must promptly notify us at eaforms@exploringea.co.uk

REGISTERED USER

You may decide to request a trial or register to gain access to additional information on our Site or supplied via other electronic means and in so doing you agree to provide accurate, current and complete information in the request or registration process. To gain access to some of the resources that are optionally available you may require a password and username, which may be provided by EXploringEA, AND you acknowledge that you are responsible for any and all activities that occur under your account.

CUSTOMERS

If you are a customer you are a special class of REGISTERED USER and we will provide you with details to access the customer download area to download products you purchase as well as any updates that we may decide to make available. Our customer download area may also provide access to development versions of our products and you understand and acknowledge that if you download any of these products that their operation may not be consistent, complete or compatible with other products and will only use them for evaluation with test data.

ACCURACY

We aim to ensure that all the information on the Site is as accurate as is possible, but none of us are perfect and if there are any errors, please accept our apologies and let us know, so that we can take appropriate action. All information is provided in good faith and represents our own opinions and does not represent the views of its authors past, current or future employees

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

NO UNLAWFUL OR PROHIBITED USE

You agree that you will not use this Site for any unlawful or prohibited activities nor operate in a manner that could cause disruption to any other party’s use of the Site which explicitly includes but is not limited to attempting to gain access to our servers, user and system accounts or any other information on the Site that could disrupt the service in any way by any other means not intentionally made available to you.

LIABILITY

Any information or resources including but not limited to posts, guides, examples, code, tutorials made available on this Site are provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.

The information provided is for your own personal use. NONE of the content on, associated with or referenced by this Site should be considered as advice or guidance, personal or otherwise, to any individual or business – where required you are strongly advised to seek professional advice under a legal agreement to meets your specific individual requirements.

The entire risk as to the quality and performance of any information is borne by you.

Nothing in these terms of use excludes or limits:

(a) our liability for death or personal injury arising from negligence; or (b) our liability arising from fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our site; or (b) use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

EXPLORINGEA IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

LINKS TO EXTERNAL SITES

Links on the Site may link to external sites that are not under our control and are provided in good faith. ExploringEA is not responsible for nor does it necessarily endorse or condone the contents of these sites. Please note that ExploringEA is not responsible for the privacy practices or the content of these external Sites. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

COPYRIGHT

Unless explicitly stated all the information on this Site is the copyright of the Site authors. If you provide any feedback, comments or any other inputs to this Site you agree that in providing this information you provide a free unconstrained licence to the Site owners to use this information in whatever way they wish and indemnify the Site owners against any claims whatsoever resulting from the possession or use of this information.

TERMINATION

We may at our sole and absolute discretion refuse to offer access to or allow use of our site to any person or entity and may change our eligibility criteria and terms of use at any time without notice to you.

PRIVACY

Please refer to our Privacy Policy for information.

TRADEMARKS

This Site may contain words which may be trademarks or registered trademarks and we acknowledge ownership of the respective owners. For example, Sparx and Enterprise Architect are trademarks or registered trademarks of Sparx Systems Pty Ltd.

JURISDICTION AND APPLICABLE LAW

These terms are governed by the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

CHANGES TO THESE TERMS

We may revise these terms of use at any time.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Updated September 2019