TOGAF Version 8: Corporate (Non-Commercial) License

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.

The Open Group grants the Licensee Organization named below a non-exclusive license to use the documentation suite known as The Open Group Architecture Framework - TOGAF Version 8 ("the Documentation") in perpetuity, and free of charge, subject to the following conditions.

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

1. NON-COMMERCIAL USE

The Licensee Organization may use the Documentation internally for any purpose not involving commercial exploitation of the Documentation. In particular, the Licensee Organization may use it to develop an information system architecture for use within that organization, 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.

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 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 literature does not in itself constitute a commercial product, or a part of a commercial product.
  - 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 (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 a TOGAF 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.

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.

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