MPMM Enterprise

Open User License Agreement

 
Introduction
 
When purchased, this license entitles you to receive an open user license to the MPMM Enterprise software and content suite. You will the ability to install MPMM Enterprise on up to 100 PCs within your Organization as you wish. And you will have the tools you need to export the content to your intranet and share your methodologies and templates openly within your Organization. The following terms and conditions describe this license in further details.
 
Method 123 Project Management Methodology ('MPMM')
 
MPMM® Enterprise is offered to you on the condition that you read and accept all the terms of this Licence.
Acceptance will bind you and all of your employees, contractors and agents to the terms of this Licence.
 
Grant of Licences
 
1. You are granted a non-exclusive non-transferable right to use the MPMM Enterprise software, textual content, examples and templates (the "Licensed Products") strictly in accordance with the terms and conditions set out in this Licence.
2. You are also granted a non-exclusive non-transferable right to use the "Method123", "MPMM" and other Method123 brands ("Brands") on the Licensed Products, for the purpose of referencing the Licensed Products and/or your use of the Licensed Products.

 
Derived Works
 
3. You may create works that are based on or include parts of the content, examples and templates included within the Licensed Products ("Original Content"). These works are called "Derived Works" as they are derived from the Original Content.
4. If you wish to create a Derived Work which contains Original Content, then you must retain our copyright notices within it.
5. You agree that Method123 owns the intellectual property rights to the Original Content contained within the Licensed Product. This excludes the part of the Derived Works that you have created ("New Content"). You own all intellectual property rights to the New Content and indemnify Method123 for any costs, expenses or damages that may be claimed against or incurred by Method123 in relation to the New Content you have created.

 
Licence Products
 
6. This license allows you to install MPMM on up to 100 PCs, laptop or other devices within your Organization. You agree to limit installation to your Organization only. To control the distribution of licenses, we will assign you blocks of 50 users. So your first serial number will contain 50 license activations. Each activation is for a separate device, whether it is a PC, laptop or handheld device. When you have 50 user activations, email us at to request another 50 user block. Note:
  • When you request further licenses, you need to provide us with the name, email address and contact number for your existing users. We reserve the right to audit the list to ensure that your licenses are assigned to people within your Organization. The audit will consist of one of our team calling a small number of your MPMM users, to check that they work for your Organization and that they are currently using MPMM.
  • You may not be aware, but most existing MPMM Enterprise customers have the software installed on less than 20 PCs. The reason is that it's their Project Office who manages their methodologies, so they only need sufficient licenses to cover their Project Office staff. However the main value they receive, as you do, is the ability to publish the customized methodologies on their intranet. So most existing MPMM Enterprise customers may have less than 20 people using the software, but hundreds of managers and teams accessing the methodology content on their intranet.
7. Your "Organization" is defined as [Company Name]. This license is valid for this single legal entity only. It does not cater for franchisees, parent companies, other legal entities within the same organization or other affiliated entities. This license allows you to share the Original Content and Derived Works openly within your Organization. You are licensed to place this content on your Organizational network or web server, allowing your Organization to access the materials provided. However you shall not:
(a) make any of the Original Content or Derived Works available outside of your Organization (e.g. by placing it on a publicly accessible website);
(b) use any of the Original Content or Derived Works to compete with Method123 or deprive Method123 of revenue;
(c) sell, sub-license, lease, hire out, or rent the Original Content or Derived Works.

Note:
  • This license covers your particular Organization. It does not cover any subsidiaries, franchises and other Organizations that are operating under your brand. It also does not cover any sub-contracting Organizations, Vendors or other parties that are working for you or on your behalf.
  • The client / server version of the software has been tested for up to 200 concurrent users. If you wish to have more than this number of users accessing the client/server version of this software, then please email us at
8. You shall not:
(a) alter, modify, translate, reverse engineer, decompile or disassemble the software functionality within the Licensed Products, or permit others to do so;
(b) use the Brands to represent that you are accredited by, or have any type of affiliation or relationship with Method123, other than as a licensee of the Licensed Products.

 
Fees & Warranties
 
9. You will have paid and/or will pay Method123 the applicable licence fees for the Licensed Products you have procured. Any attempt to circumvent licence keys and activation procedures provided to you will be deemed to be a material breach of this Licence for which Method123 may immediately terminate all licences granted under this Licence by notice in writing and take steps to recover from you any fees due or compensation payable for such breach, and you shall be liable for all costs (including legal fees on a solicitor-client basis) incurred by Method123 in taking such steps.
10. Whilst Method123 believes that the Licensed Products are effective for the purpose specified on our Website, Method123 gives no warranty regarding the outcomes and results from your use of the Licensed Products as these outcomes are heavily dependent on the way in which you elect to use the Licensed Products.
11. You acknowledge that the Licensed Products cannot be guaranteed error free and that the existence of any such errors shall not constitute a breach of this Licence.
12. You accept full responsibility for maintaining the Licensed Products free from corruption and from viruses. If you suspect that the Licensed Products have been corrupted, other than by reason of a breach of this License by you, Method123 may agree to supply a further copy of the Licensed Products to you free of charge, if requested by you.

 
Limitations & Term
 
13. Method123 makes no express or implied warranties under this Licence. Method123 excludes:
(a) from this Licence all conditions, warranties and terms implied by statute, general law, international convention or custom, except any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void ("Non-excludable Condition");
(b) all liability to you in contract for consequential or indirect damages arising out of or in connection with this Licence even if Method123 knew they were possible; or they were otherwise foreseeable, including, without limitation, lost profits and damage suffered as a result of claims by any third person, such as your client or customer; and
(c) all liability to you in negligence or other non-contractual cause of action in respect of which liability can be excluded for acts or omissions of Method123, its employees, agents and contractors, arising out of or in connection with this Licence.
14. Method123 makes no express or implied warranties under this Licence. Method123 excludes:
(a) any express provision of this Licence is excluded except to the extent that such liability cannot lawfully be excluded whereupon Method123's aggregate liability is limited to US$100; and
(b) any Non-excludable Condition is limited at Method123's option to any one of supplying, replacing or repairing the goods or refunding the licence fees for the goods in respect of which the breach occurred.
15. You acknowledge that you have exercised your independent judgment in acquiring the Licensed Products and have not relied on any representation made by Method123 which has not been stated expressly in this Licence.
16. This Licence commences upon installation of MPMM and/or activation of the relevant licence key(s) and is granted in perpetuity but may be terminated by Method123 by notice in writing if you are in material breach of any term of this Licence.
17. Upon termination you shall:
(a) at the election of Method123, destroy all copies of the Licensed Products in your possession or control or return such copies to Method123; and
(b) destroy all copies of the Derived Works (excluding the New Content) in your possession and ensure the destruction of Derived Works (excluding the New Content) held by third parties.
18. Termination of this Licence shall not affect any rights or remedies which Method123 may have otherwise under this licence or at law.

 
General
 
19. Method123 reserves the right to produce fixes, upgrades or updates of the Licensed Products from time to time, on terms determined by Method123 in its discretion. You agree that such fixes, upgrades or updates, provided to you, are deemed to form part of the Licensed Products and are subject to the terms set out in this License Agreement.
20. If any clause or provision of this Licence shall be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment shall not affect the remaining provisions of this Licence which shall remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included in this Licence.
21. If any clause or provision of this Licence is inconsistent with the provision of any statute, the clause or provision of this Licence shall be read down to the extent necessary to render it consistent with the statutory provision.
22. This Licence is governed by and to be construed in accordance with the laws of New Zealand. You and Method123 submit to the jurisdiction of the New Zealand courts.
23. This Licence shall be binding upon Method123 and you, and Method123's and your successors, trustees, permitted assigns, receivers or liquidators, but not any other persons.