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License agreement for downloadable goods

 

This Terms of Purchase Agreement (the “Agreement”), is made by and between the Business Architecture Guild, and you (hereafter known as “User,” “Purchaser” or “Customer”, and collectively, the “Parties”).

By subscribing to/purchasing a downloadable product (as defined below) from the Business Architecture Guild, User agrees to be bound by the following terms:

Conditions of Sale

1. The Contract
When you purchase downloadable product or products from the Business Architecture Guild you are automatically agreeing to these purchasing terms and are expected to abide by them as a User/Purchaser.  The Business Architecture Guild reserves the right, at our sole discretion to reject any order we receive. By placing an order through you agree you are:

  • legally capable of entering into binding contracts
  • are at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them


2. Cancellation and Refunds
By purchasing downloadable product, the User/Customer agrees to complete understanding of our cancellation and refund policy. 

All sales are final, which means that due to the digital nature of the product/service, and because instant access is granted once membership is confirmed, no refunds are given. 

Memberships can be canceled at any time. The member account will remain active until the end of term and all items downloaded while the membership was active may still be used.


3. Price and Payment
The price of downloadable product will be as quoted on the "Store" at the then current time, except in the case of obvious error. Payment is processed securely using a 3rd party payment processor and payments are securely processed through that 3rd party, to which the Guild has no access. All payment will be in USD.


4. Delivery
Digital goods (free or paid) are delivered to the User in various methods:

  • via direct download to the User's/Customer's personal computer
  • via direct download to the User's/Customer's personal mobile device

You hereby agree to download digital goods for personal, or commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works, sub-license or transfer any digital goods to anyone else. Nothing in these conditions of sale grants the User any rights other than those expressly set out herein. These terms do not grant the User any rights in relation to the synchronization, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any digital goods or services. Any breaches of these terms will be pursued to the full extent of the law. Some downloadable products sold via Business Architecture Guild may contain additional licensing terms or terms of use within the download which the User hereby agrees to abide by.

Business Architecture Guild® represents that the business architecture content contained herein:

  • May be modified or augmented for use at one’s own discretion for the User’s own internal uses

  • Is not intended to fully represent a complete business architecture perspective

  • Does not represent any specific tool import or export format

  • May be updated by the Guild at any point in time to reflect evolution of the practice

  • Is not presented as being free from errors or omissions

  • The User may use the reference model for academic purposes, defined as use in a specific course of study at an academic institution, deriving reference model content as part of a paper or dissertation, engaging in a group study project within a formal course of study, or performing other types of academic research related to business architecture.

  • IS FOR INTERNAL USE ONLY AND NOT FOR DISTRIBUTION TO 3RD PARTIES in whole, in part or in derivative format.


5. Customer Requirements
In order for the User to access the digital goods (premium content or downloadable purchases) the User is required to have:

  • an internet connection // Google Chrome highly suggested. 
  • a personal desktop computer or mobile device capable of opening the digital goods or downloaded content. 

 

Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.


Severance
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.


No Guarantee/ Warranty 
Business Architecture Guild® represents that the business architecture content contained herein: IS DELIVERED AS-IS WITH NO CLAIM OF WARRANTY


Assumption of Risk
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product. 


Indemnification
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. User agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.


Limitation of Liability
User agrees that Business Architecture Guild’s liability for any reason shall be no more than the total purchase price of the digital good or service subscribed to/purchased.


Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.  No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.  


Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of California and the parties hereby submit to the exclusive jurisdiction of the US courts.

 

 

 


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