Dragon1 End User License Agreement (EULA)

Document version and version date: 2.4f, January 4, 2023

© Copyright, Dragon1 Netherlands B.V. All rights reserved.

About our End User License Agreement

The End User License Agreement - You agree that by clicking “Create”, “Join”, “Submit”, “Sign Up” or similar, registering, accessing or using our services (our software applications, related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). If you reside in the United States, your agreement is with Dragon1 Inc. and if you reside outside of the United States, your agreement is with Dragon1 Netherlands B.V. (each, “Dragon1” or “we”).

This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (such as creating an “ePortfolio”, using one of our software applications or purchasing advertisements), as may be amended by Dragon1 from time to time. If you do not agree to this Agreement, do NOT click “Join” (or similar) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

Dragon1, Dragon 1 and Dragon1 Inc. are registered trademarks of Dragon1 B.V., (hereafter named the “Company”) to provide products and services, such as Dragon1 or Dragon1 Innovation Lab or Dragon1 Platform or Dragon1 Collaboration SaaS platform for Enterprise Transformation and Innovation (hereafter named “Dragon1”) for their clients.

Every person using our products and services complies with the terms and conditions applied.

Dragon1 is a registered trademark of Dragon1 B.V.

The Dragon1 End User License Agreement (EULA)

Read this document very carefully before using Dragon1 as SaaS, PaaS and IaaS.

  1. By Using Dragon1, you declare to have read the text below and agree with (the scope of) the content and policies of Dragon1. If you do not agree then you must exit the Dragon1 website and/or uninstall the Dragon1 software at once and no longer use Dragon1.
  2. Dragon1 Inc. is the owner and holder of the intellectual property of Dragon1 or Dragon1 Innovation Lab or Dragon1 Platform or Dragon1 Collaboration SaaS platform for Enterprise Transformation and Innovation
  3. Dragon1 gives an introduction to the Dragon1 open EA Method for Visual Enterprise Architecture. Dragon1 contains basic materials such as templates, checklists, roadmaps, examples visualizations and (industry-specific) reference models to jumpstart the user, working with the Dragon1 software and method.
  4. For creating or having a trial account or user account on Dragon1 we collect your name, email, organization name, job and phone number. This information we need to have and use for contacting you and supporting you in using the platform. By creating or having a trial account or user account you give us permission to do this.
  5. Buying a user license of Dragon1 means receiving an account (login + password + accessible edition) for a number of people that can work concurrently with Dragon1. Users have access to their personal logins and passwords to a certain edition of Dragon1 and may only use Dragon1 for what it is meant to be used: creating architecture products. Dragon1 content may be read, printed, or stored for private or public work purposes such as described here. It is not permitted under any circumstances to Illegal, improper or inappropriately use the Dragon1, such as abuse, disadvantage Dragon1, illegal sales or use of Dragon1 for other (commercial) purposes other than using the software normally. Only 'fair use' of Dragon1 is permitted.
  6. Leeching and hotlinking content are not permitted. Attempts to load Dragon1 data outside of its domain or infringement of the website or Dragon1 rights are unlawful and will be prosecuted.
  7. Dragon1 is not responsible for the software failing to work or for installation errors or for configuration errors or production errors because the software fails to work or for errors in templates, checklists, roadmaps or etc. Using Dragon1 is for your own account, risk and responsibility. Dragon1 is meant to be used by people that have adequate knowledge and experience to work with enterprise architecture at a strategic level.
  8. Dragon1 failing to work or not using Dragon1 can never be the reason for refunding user license fees. Dragon1 has no way of controlling or blocking the user using Dragon1 or parts of it or reselling the user license, even if this is not permitted for the user.
  9. Annual subscriptions and licenses are annual and will be renewed for a 12-month period automatically. Termination of the subscriptions needs to be done in writing (via signed letter or pdf by the official buyer) two months prior to the end date of the subscription.
  10. Selling the user license and/or software or parts of Dragon1 is not permitted without explicit prior permission of Dragon1. It is not permitted to provide Dragon1 as a framework or template, or in the editable form to third parties or make Dragon1 part of other products and services and offer or sell these products and services as new products and services such as a website with architecture-products, web apps, smartphone apps, training material and/or examples.
  11. If Dragon1 is used illegally or there is a suspicion of misusage, Dragon1 will consider punishment or start prosecution with legal authorities.
  12. Support, availability and access to Dragon1 for FREE users are done on basis of capacity. For PRO, BUSINESS and ENTERPRISE users it is done on basis of the agreed-upon service level.
  13. It is not permitted to reuse the idea, concept or prototype of Dragon1. Dragon1 has the intellectual property on the idea, concept or prototype of a web-based form of Dragon1.
  14. It is not permitted to use Dragon1 online demos or training for production purposes or other purposes than for evaluating Dragon1. It is not permitted to present online demos or parts of them in presentations to third parties with commercial objectives. It is not permitted to deep-link online demos of Dragon1 or parts of it.
  15. You should always respect the copyright of the work of others and practice fair use or make use of a creative commons license. Dragon1 is not responsible for users of Dragon1 violating copyrights. If users do violate copyright and Dragon1 is notified, it could lead to your account being banned and you no longer having access to any of your data without any prior notice. Be sure to get legal advice before using copyrighted work.
  16. You can submit a notice of copyright infringement to Dragon1 via info@dragon1.com.
  17. Downloading the trial version of Dragon1 or creating a trial on Dragon1 only gives the right for evaluation purposes to use Dragon1 or parts of it, not for production. After the evaluation period, normally limited to 30 days, the trial version has to be de-installed or extended by your request. Separate parts of Dragon1, such as document templates, checklists and other files, also need to be deleted and may not be used in any kind.
  18. Upon creating a trial account on the Dragon1 platform and/or using Dragon1 as a method (by its theory, reference models, checklist and/or templates) we may use the name and logo of your company on a generated page on the Dragon1 website. We will never disclose any personal, private or sensitive data without prior permission.
  19. You are entitled to make use of the Dragon1 International Service Center (DISC) for service and support. During the valid period of your user license, you can call us directly for help on the phone, via Skype, GoToMeeting, Teams or Zoom. Send us your questions via email or send incidents to us on working days in The Netherlands between 8 AM and 6 PM. Outside working hours you can make use of the online help file and FAQs. Email reactions, phone calls and chat sessions are not available outside working hours in The Netherlands.
  20. You are entitled to have your data backed up. If you make use of the shared database (MS SQL Server), your database is backed up every day and archived for 1 month. If you wish you can get an export of your data once every day. Every month we restore the database on a test system for health checks.
  21. If you cannot log in because of forgetting your password, you can reset the password yourself or you have it reset by us so you can start working immediately. If you cannot log in because of intruder detection lockout, your account is locked for 4 hours at least the first time. It is not allowed to have other people than you use your account. It is your responsibility to make sure you are the only one using your account and that no other person knows your username/password combination. Your password is stored encrypted, so even we do not know your password.
  22. You as a user automatically get the latest updated and fixed version of your edition. We take care of data migration and functionality upgrades. Existing functionality can always be moved or placed elsewhere in the software based on user experience.
  23. You as a user may expect Dragon1 to be always available for login and usage. Because of planned maintenance, the software may not be available for two hours a day. Often scheduled Saturday or Sunday from 13:00 GMT+1 - 15:00 GMT+1.
  24. These terms of use and user license are subject to change without prior notice. The up-to-date version can be downloaded from www.dragon1.com.

If a client prefers to have the Dragon1 software be installed on its own private cloud or its on-premise server, Dragon1 is provided as SaaS at extra cost.

The following additional rules apply:

  1. Paying clients and their users with a valid login are granted access to the software as long as the Dragon1 company is able to provide access.
  2. Paying clients and their users with a valid login have the right to use the software during the period for which has been paid.
  3. Dragon1 as a company will at all times have unrestricted access to the on-premise server or cloud of the client as the administrator, for updating the Dragon1 software and the database and other maintenance tasks.
  4. When the period for which has been paid to use the Dragon1 software has ended, the software and the database will be made unavailable for the client and their users, the account will be suspended by the Dragon1 company and the software and database will be removed from the on-premise server and or cloud of the client and their users.
  5. The Dragon1 software and database structure are the intellectual property of the Dragon1 company. The Dragon1 company has ownership over it.
  6. The Dragon1 company is entitled to grant or deny users to have access to the software, database or account of a paying client.
  7. Clients and their users are never permitted to alter, change, add interfaces, copy or sell the Dragon1 software (or parts of it) in any form or via any media or sell access, usage rights or licenses to third parties or provide third parties access to the software.
  8. If such unpermitted actions by clients and their users are detected, the account is suspended, the Dragon1 software and database are removed and legal actions will be undertaken.
  9. Data that is stored in the database by users, via the software, in an unaltered manner is owned by the client.
  10. Clients are granted access to archived unaltered data in the database via reports in the Dragon1 software.
  11. The Dragon1 company is not responsible and cannot be held accountable for the security, backup and restoration of data when the Dragon1 software is installed on-premise or in the cloud of a client and their users.

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