TOGAF® Version 9:

TOGAF® Version 9:

Academic License (Non-Commercial)

BY SIGNING AND RETURNING THIS LICENSE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE TOGAF DOCUMENTATION, AND DESTROY ANY COPY OF IT THAT YOU MAY HAVE.

1. LICENSE

The Open Group grants the Licensee Organization named below a non-exclusive license to use the documentation suite known as TOGAF® Version 9 ("the Documentation") in perpetuity, and free of charge, subject to the following conditions:

A. ACADEMIC USE (NON-COMMERCIAL): The Licensee Organization may use the Documentation internally for any academic purpose not involving commercial exploitation of the Documentation. In this context, regular academic tuition fees levied by the Licensee Organization do not constitute commercial use. By way of example, academic use covers:

· Inclusion in academic teaching and/or curricula

· Inclusion in academic tests, examinations, and certifications related to curricula, provided that they do not purport to be TOGAF certification.

· Use in the context of academic research.

B. DERIVATIVE WORK: The Licensee Organization may use the Documentation to develop derivative works (subject to the conditions listed below) to support the Licensee Organization's work in the field of IT Architecture. For the purpose of this Agreement, "derivative work" shall mean any change to the Documentation or any new document that contains any portion of the Documentation. The following shall apply:

i. Licensee Organization shall retain all right, title and interest in the changes or additions it makes to the Documentation, but nothing herein shall be deemed to transfer any right, title or interest in the Documentation to the Licensee Organization.

ii. In any derivative work, Licensee Organization shall always fully acknowledge the right, title and interest of The Open Group in the original Documentation, and shall not claim or imply that any derivative work of the Documentation is the official TOGAF Documentation.

iii. Producing derivative works and/or combining TOGAF with complementary methodologies or materials, is deemed to constitute appropriate Academic Use, subject to the terms outlined above.

iv. TOGAF shall not be mis-represented or substantially altered by omissions or modifications.

C. NO COMMERCIAL USE & CERTIFICATION RESTRICTION:

i. The Licensee may not use TOGAF for commercial purposes. By way of example, commercial use covers:

a. Using TOGAF in the provision of consulting services to third parties, or consulting to third parties on their use of TOGAF.

b. Providing training in TOGAF to other than regular undergraduate and postgraduate students (for example, to employees of third-party organizations).

ii. This license does not cover the use of TOGAF to develop an information system architecture for use within the Licensee Organization; a TOGAF 9 Corporate License (Non-Commercial) or a TOGAF 9 Commercial License is needed for this purpose.

iii. The Licensee Organization may not issue any certification that purports to be TOGAF certification, unless by explicit agreement with The Open Group. The Open Group operates a TOGAF certification program that enables TOGAF practitioners, and companies offering products or services (including training services) associated with TOGAF, to make a legally binding warranty of conformance with Product Standards relating to TOGAF. The use of such certified practitioners, products or services is not a condition of this license. However, The Open Group strongly recommends that such certification be required by the employer or purchaser, if deemed appropriate. Details of this and other certification programs of The Open Group can be found at: http://www.opengroup.org/certification/.

2. REDISTRIBUTION PERMITTED WITHIN THE ORGANIZATION

Redistribution of the Documentation, in part or in whole, to any student or staff member of the Licensee Organization is permitted, provided:

A. All existing trademarks and copyright notices are retained in all copies of the Documentation;

B. In any derivative works, TOGAF Version 9 is acknowledged as the source; and,

C. All existing trademarks and copyright notices and this License appear in all derived supporting documentation.

3. REDISTRIBUTION OUTSIDE THE LICENSEE ORGANIZATION

Redistribution of the Documentation, in part or in whole, is not permitted to anyone who is not a student or staff member of the Licensee Organization.

4. PROTECTION OF THE OPEN GROUP'S INTELLECTUAL PROPERTY RIGHTS

Students and staff requiring a copy of the Documentation for use beyond the pursuit of the curricula and research activities covered by this Academic License must obtain their own licenses from The Open Group.

5. INCLUSION IN LISTING OF LICENSEES

The Open Group reserves the right to include the Licensee Organization's name in a published list of organizations that have taken out this License.

6. DISCLAIMER OF WARRANTY

This Documentation is provided on an "AS IS" basis, without warranty of any kind.

THE OPEN GROUP DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF SUITABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE OPEN GROUP BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS DOCUMENTATION.

FOR AND ON BEHALF OF THE LICENSEE

ORGANIZATION:_________________________

FOR AND ON BEHALF OF THE OPEN GROUP

Name: ________________________________

Title: _________________________________

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PRIMARY CONTACT FOR THE LICENSEE ORGANIZATION

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Please complete the above information on behalf of the Licensee, and FAX the completed form to: +44 870-134-8146.