TOGAF Version 8 and earlier: Annual Commercial License

Please complete the following questionnaire on behalf of the Licensee, and complete the signature boxes at the end of this document. Please use black ink and complete answers in uppercase letters.

(i) This section to be completed by all licensees

NAME OF ORGANIZATION: [________________________________________________________]

ARE YOU AN EXISTING MEMBER OF THE OPEN GROUP ARCHITECTURE FORUM? [______] (Enter YES or NO in the box)

If you answered Yes in (i) above go to Section (iii) below

(ii) This section to be completed by licensees answering NO in Section (i)

If you answered NO in (i) above place an X in the appropriate checkbox in the table below below to indicate your organization's annual turnover in US Dollars. Annual turnover is used to calculate the applicable annual license fee.

Organization Size (Turnover)	>$1B	>$100M	$25 - $100M	<$25M
Annual TOGAF Version 8 License Fee	$50K [__]	$20K [__]	$12.5K [__]	$2.5K [__]

If you answered NO in (i) above you may also at your option receive an annual Membership of the The Open Group's Architecture Forum for no additional cost, upon signature of The Open Group's standard Membership Application Form. If you intend to exercise the option please place an X in the box: [____]

(iii) This section to be completed by licensees answering YES in Section (i)

Enter your membership level in uppercase letters in the box below

[_______________________________________] (Enter one of PLATINUM, FORUM BUY-OUT, SINGLE FORUM or ACADEMIC)

If you answered "ACADEMIC" in (iii) proceed to Section (iv)

(iv) This section to be completed by licensees answering "ACADEMIC" in section (iii)

Do you intend to use the Documentation only for teaching courses leading to an undergraduate or postgraduate qualification? [______________________] (Enter YES or NO)
If you answer YES there is no fee for the Annual TOGAF 8 and Earlier License.
If you answer NO you agree to pay an Annual TOGAF 8 and Earlier License fee of $2.5k .

License

This license applies to the organization ("the Licensee") who wishes to use the methods, resources, and associated documentation suite ("the Documentation") known as The Open Group Architecture Framework - TOGAF Version 8 and all earlier versions for commercial purposes.

The Open Group grants the Licensee a non-exclusive licence to use TOGAF Version 8 and all earlier versions for 1 year, for any purpose (including use for commercial gain) subject to Clause 1 below, provided that:

the Licensee has paid the Annual License fee relating to commercial use of TOGAF Version 8.
all existing copyright notices are retained in all copies of the Documentation.
both the above copyright notice and this License notice appear in all supporting documentation

By way of example, commercial purposes include but are not limited to developing an information system architecture for use within another organization, providing TOGAF based consultancy or providing TOGAF training services.

The following conditions apply to the use of the Documentation.

See paragraph 4 below for a clarification of the term "permanent employee" throughout this license.

1. COMMERCIAL USE

Applicable to Licensees who do not answer ACADEMIC in section (iii) above, or who answer NO in section (iv) above:

The Licensee Organization may use the Documentation internally for any purpose, including use involving commercial exploitation of the Documentation. In particular, the Licensee Organization may use it to develop an information system architecture for use within one or more other organizations, or 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. 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. Furthermore, 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.

Applicable to Licensees who answer ACADEMIC in section (iii) above and YES in section (iv) above

The Licensee Organization may use the Documentation for the sole purpose of teaching courses leading to a graduate or postgraduate qualification .

2. REDISTRIBUTION PERMITTED WITHIN THE ORGANIZATION

Redistribution of the Documentation, in part or in whole, to any permanent employee of the Licensee Organization is permitted, provided:
- all existing copyright notices are retained in all copies of the Documentation.
- in any derivative works, TOGAF Version 8 (or the relevant earlier version) is acknowledged as the source.
- both the above copyright notice 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 permanent employee of the Licensee Organization, except that:
- The Licensee Organization may reproduce parts of the Documentation in its external literature for the purpose of furthering its work in the architecture field (for example, in Requests for Product, or in other information communicated to potential service providers or product suppliers); provided that the above copyright notice appears in all such external uses of the Documentation.
In particular, contracting companies and individuals needing to use the Documentation in order to perform work on the Licensee Organization's behalf must obtain their own licenses.

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

If the Licensee Organization wishes to contract architecture services organizations or individuals other than permanent employees to undertake work on its behalf using the Documentation, the Licensee Organization must use best efforts to ensure that such companies or individuals have a current commercial license for TOGAF Version 8 or the relevant earlier version (which they are legally required to have, in order to undertake such work). Notwithstanding the foregoing, in the event that there is a use by a non-licensed architecture services company or individual, then Licensee Organization has no liability.
- For the avoidance of doubt, individuals may be contracted by the Licensee Organization to undertake work on its behalf using the Documentation, without being commercially licensed, provided they do not represent themselves, and offer their services commercially, as architecture practitioners. Such individuals are regarded as "permanent employees" for the purposes of this license.
The Open Group operates theTOGAF certification program that enables companies offering products or services associated with TOGAF to make a legally binding warranty of conformance with Product Standards relating to TOGAF. The use of such certified products or services is not a condition of this license. However, The Open Group strongly recommends that such certification be required by the procurer of such products or services, if deemed appropriate. Details of this and other certification programs of The Open Group can be found at: http://www.opengroup.org/certification/.

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 who 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.

7. GENERAL

THE OPEN GROUP may terminate your license if you fail to comply with the terms of this Agreement. If THE OPEN GROUP does so, you must immediately destroy your copies of the Documentation and discontinue all use.

Neither you nor THE OPEN GROUP is responsible for failure to fulfil any obligations due to causes beyond its control.

This license agreement shall be governed by the laws of England and Wales and all disputes relating to this license agreement shall be submitted to the exclusive jurisdiction of the English courts.

The parties hereto acknowledge that they have read this Agreement and understand it, and they agree to be bound by all its terms and conditions. They further agree that this Agreement constitutes the full and complete understanding and agreement of the parties hereto and supersedes all prior or contemporaneous oral or written communications, understandings and agreements. Any waiver, modification or amendment of any provision of this Agreement shall be effective only if in writing and signed by the parties thereto.

FOR AND ON BEHALF OF THE LICENSEE

FOR AND ON BEHALF OF THE OPEN GROUP

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