Terms & Conditions

LEGAL NOTICES
(ALLv201701)

This notice is valid for all products, product lines and associated products
of Software AG comprising software, documentation, user manuals and other
related materials in tangible or electronic form (the “Product”).

IMPORTANT: PLEASE READ BEFORE INSTALLING THE PRODUCT !

Table of content:

PART A: GENERAL TERMS
PART B: ADDITIONAL TERMS COMMERCIAL LICENSE
PART C: SOFTWARE AG LICENSE AGREEMENT FOR WEBMETHODS PARTNER SERVERS ONLY
PART D: SOFTWARE AG EVALUATION LICENSE AGREEMENT FOR TRIAL VERSIONS OF
SOFTWARE AG PRODUCT ONLY
PART E: SOFTWARE AG LIMITED USE LICENSE AGREEMENT FOR FREEMIUM VERSIONS OF
SOFTWARE AG PRODUCTS ONLY
PART F: PRODUCT SPECIFIC TERMS for Adabas, Natural and NaturalONE Community
Editions
PART F: PRODUCT SPECIFIC TERMS for Tamino
PART F: PRODUCT SPECIFIC TERMS for CentraSite
PART F: PRODUCT SPECIFIC TERMS for Universal Messaging
PART F: PRODUCT SPECIFIC TERMS for Terracotta
PART F: PRODUCT SPECIFIC TERMS for Products running on Java SE Platform
PART F: PRODUCT SPECIFIC TERMS for Apama Sample Files
PART F: PRODUCT SPECIFIC TERMS for Apama Core Community Edition

PART A: GENERAL TERMS

You are not allowed to install or use the Product without a corresponding
license agreement.

If you have entered into a commercial license agreement with one of
Software AG’s subsidiaries or distributors (“Commercial License Agreement”)
the installation and use of the Product is subject to your acceptance of
additional terms which are provided for you in “Part B: Additional Terms”.

If you have not entered into a Commercial License Agreement and you have
been granted access to a webMethods Partner Server by a sponsoring company
that has licensed a Software AG webMethods solution, you must execute the
license agreement with Software AG which is provided for you in “Part C:
Software AG License Agreement for webMethods Partner Servers Only”

If you have not entered into a Commercial License Agreement and you are
not using a webMethods Partner Server pursuant to Part C, you must execute
the license agreement with Software AG which is provided for you in Part D
“Software AG Evaluation License Agreement for Trial Versions of Software AG
Products” or Part E “Software AG Limited Use License Agreement for Freemium
Version of Software AG Products”.

COPYRIGHT AND TRADEMARK NOTICE

The name Software AG and all Software AG product names are either trademarks
registered trademarks of Software AG and/or Software AG USA Inc. and/or its
subsidiaries and/or its affiliates and/or their licensors.

Other company and product names mentioned herein may be trademarks of their
respective owners

Software AG or its subsidiaries are the sole owner of all intellectual
property rights to the Products and accompanying user documentation or have
the respective distribution rights. References made in or on the Products to
the copyright and/or to the industrial property rights must not be altered,
deleted or obliterated in any manner.

No right, title or interest in any trademark or trade names of Software AG
or its subsidiaries or its licensors is granted hereunder.

(c) Copyright 2017 Software AG, Darmstadt, Germany and/or Software AG USA
Inc., Reston, VA, USA and/or its subsidiaries and/or its affiliates and/or
their licensors.

PART B: ADDITIONAL TERMS COMMERCIAL LICENSE

The Commercial License Agreement does not grant you the right to sublicense,
rent, assign or lease the software, in whole or in part, and you may not
decompile, disassemble, modify, decrypt, extract or otherwise reverse engineer,
or make further copies of the software, except as explicitly permitted by
the Commercial License Agreement.

The software is designed for general office use. It is not designed or
intended for use in air traffic control, mass transit systems, critical
medical purposes, the operation of nuclear facilities or any other use which
could result in a high risk of safety or property damage. You warrant that
you will not use the software for such purposes.

You may not download or otherwise export or re-export any underlying
software, technology or other information from the Products except as stated
explicitly in this notice or the Commercial License Agreement and in full
compliance with all applicable national and international laws and
regulations. You agree to indemnify and hold harmless and defend Software AG
against any and all liability arising from or relating to your breach of these
export control undertakings. Software AG reserves the right not to honor any
affected parts of this notice, or the Commercial License Agreement, in case
any national or international export regulations or foreign trade legislation,
or any target country / customer / usage restrictions implied by embargos or
other sanctions prohibit the provision of export controlled goods
(Dual-Use items) and services to be granted to you under either this notice
or the Commercial License Agreement. Software AG may inform you if a related
official export approval by national or international export control
authorities is required. Provision of affected Products will then be postponed
until all such required approvals have been granted. The provision of Products
not restricted by the above mentioned export prohibitions will remain unaffected
of this restriction.

If applicable, you will find specific terms in addition to your commercial
license agreement for the use of this product in PART F.

PART C: SOFTWARE AG LICENSE AGREEMENT FOR WEBMETHODS PARTNER SERVERS ONLY

IMPORTANT: THIS AGREEMENT APPLIES ONLY IF YOU ARE USING A WEBMETHODS PARTNER
SERVER PROVIDED BY A SPONSORING COMPANY THAT HAS LICENSED A SOFTWARE AG
WEBMETHODS SOLUTION. THE TERMS OF THIS AGREEMENT DO NOT APPLY IF YOU
HAVE ALREADY EXECUTED A COMMERCIAL LICENSE AGREEMENT FOR THE WEBMETHODS
PARTNER SERVER WITH A SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR. PLEASE READ
THIS AGREEMENT CAREFULLY BEFORE IN ANY WAY INSTALLING, ACCESSING, OR USING
THE PRODUCT.

SOFTWARE AG LICENSE AGREEMENT FOR WEBMETHODS PARTNER SERVERS
By installing the Product, you, as licensee, are entering into an agreement
with Software AG, as licensor, with GENERAL TERMS as defined in Part A,
as well as with terms set forth below in Part C. In case of conflicting
terms between Part A and the Part C, the terms of this Part C shall apply.
If you do not agree to the terms of this Agreement, you must immediately,
and in any case before installation, destroy the Product and all copies of
the Product in physical, electronic or other form. By installing and/or
using the Product, you agree to be bound by and manifest your assent to all
the terms and conditions of this Part C.

LICENSE GRANT
Subject to the terms and conditions set forth in this Agreement, Software AG
hereby grants to Licensee a nontransferable, non-sublicensable, nonexclusive,
limited license during the Term to use the webMethods Partner Server and any
other associated Software AG software program(s) made available to Licensee
(the “Software”), in Executable Code form, together with the Documentation.
This Agreement only grants Licensee the right to use the Software on one
(1) designated CPU and to make one (1) copy of the Software for backup and
archival purposes. All use of the Software is strictly limited to Licensee’s
internal data processing in connection with the Software AG webMethods solution
licensed to the sponsoring company and is strictly limited to bi-directional
delivery of data between Licensee and such sponsoring company. Any and
all other use of the Software is strictly prohibited. For purposes of this
Agreement, the term (i) “Documentation” means the user manuals made available
to Licensee in connection with the Software; and (ii) the term “Executable
Code” means the fully compiled version of a software program that can be
executed by a computer and used by an end user without further compilation.

PROPRIETYARY RIGHTS
a. Licensee acknowledges and agrees that the Software, Documentation, and
all other related information and materials (collectively, the “Proprietary
Information”) provided to or made available to Licensee, and all patents,
copyrights, trade secrets, and other United States or international
intellectual property rights (each, an “Intellectual Property Right”)
embodied in the foregoing, are the exclusive and proprietary property of
Software AG and/or its suppliers. Licensee further acknowledges and agrees
that the Software and its structure, underlying concepts, organization,
and source code constitute valuable trade secrets of Software AG and/or its
suppliers. Accordingly, Licensee agrees not to (a) disassemble, reverse
engineer, reverse compile, or otherwise attempt to derive the source code
for the Software in whole or in part, (b) modify, adapt, alter, translate,
or create derivative works from the Software; (c) merge the Software with
other software; (d) sublicense, lease, rent, loan, or otherwise transfer
the Software to any third party; or (e) except as expressly set forth in
this Agreement, otherwise use, provide access to, or copy the Software.
b. Licensee shall keep the Proprietary Information in strict confidence and
use the Property Information solely for purposes of exercising the license
rights set forth in Section 1 of this Agreement. Licensee shall restrict
access to the Proprietary Information to only those authorized persons with
a need to know in order for Licensee to exercise the license rights granted
under Section 1 and shall ensure that all such authorized persons shall
refrain from any disclosure, use, duplication, or reproduction prohibited by
this Section 2. Except as expressly set forth in this Agreement, Licensee
shall not, directly or indirectly, use, disclose, distribute, duplicate,
or otherwise reproduce the Proprietary Information, in whole or in part.
Licensee agrees not to remove any copyright notice or other proprietary
markings from the Proprietary Information or any copies thereof.
c. Licensee shall have no obligation to preserve the proprietary nature
of only that portion of the Software AG’s Proprietary Information that is
or becomes generally available to the public by other than unauthorized
disclosure. In the event Licensee is required to disclose Proprietary
Information by law or by any governmental agency having jurisdiction pursuant
to an order to produce, or in the course of a legal proceeding pursuant to
a lawful request for discovery, Licensee may disclose only that portion
of the Proprietary Information that it is legally required to disclose;
provided Licensee promptly notifies Software AG and reasonably cooperates
with Software AG if Software AG’s elects, at its expense, to seek to limit or
avoid such disclosure by any lawful means and Licensee takes all reasonable
and necessary actions to protect the confidentiality of the Proprietary
Information disclosed.
d. Licensee agrees not to challenge, directly or indirectly, the right, title,
and interest of Software AG in and to the Software or any other Proprietary
Information, or any Intellectual Property Rights therein, nor the validity
or enforceability of Software AG’s rights under applicable law. Licensee
agrees not to, directly or indirectly, register, apply for registration,
or attempt to acquire any legal protection for the Software or any other
Proprietary Information, or any Intellectual Proprietary Rights therein,
or to take any other action which may adversely affect Software AG’s rights,
title, or interest in or to the Software or any other Proprietary Information
in any jurisdiction.
e. Licensee agrees to notify Software AG immediately and in writing of all
circumstances surrounding the unauthorized possession or use of the Software
or any other Proprietary Information by any person or entity. Licensee agrees
to cooperate fully with Software AG in any litigation relating to or arising
from such unauthorized possession or use.
f. Licensee acknowledge that the Proprietary Information is unique and
that Licensee’s failure to comply with the provisions of this Section 2 may
result in irreparable harm to Software AG and, in the event of the breach
or threatened breach by Licensee of its obligations under this Section 2,
Software AG shall be entitled to equitable relief in the form of specific
performance and/or an injunction for any such actual or threatened breach,
in addition to the exercise of any other remedies at law and in equity.
g. Software AG reserves all rights regarding the Software and all other
Proprietary Information owned or licensed by Software AG to the extent such
rights are not expressly granted to Licensee in this Agreement.

TERM AND TERMINATION
Subject to Licensee’s strict compliance with the terms and conditions of this
Agreement, the term of this Agreement (“Term”) shall be coincident with the
term of the license granted to the sponsoring company for the Software AG
webMethods solution. This Agreement shall remain in effect until the Term
expires or is terminated or this Agreement is otherwise terminated by Software
AG for Licensee’s breach of any of the provisions of this Agreement. Upon the
termination or expiration of this Agreement for any reason, all license rights
granted under this Agreement shall immediately cease to exist and Licensee
shall immediately discontinue all use of the Software and shall, within ten
(10) days after the expiration or termination, certify in writing to Software
AG that the Software and Documentation and all copies and related materials in
the possession of Licensee have been removed from its system and destroyed.
Notwithstanding any other provision of this Agreement, all of Licensee’s
obligations under this Agreement shall continue perpetually and irrevocably.

SUPPORT AND MAINTENANCE
Software AG, in its sole discretion, may provide (and subsequently cease
providing) Licensee with limited support and maintenance services for
the Software. Notwithstanding any decision by Software AG to exercise
its discretion in providing Licensee with such services, in no event shall
Licensee be deemed entitled to any support or maintenance or other similar
services from Software AG, including but not limited to any fixes, updates,
or new releases of the Software.

DISCLAIMER OF WARRANTIES
ALL SOFTWARE, DOCUMENTATION, INFORMATION, MATERIALS AND/OR SERVICES PROVIDED
TO LICENSEE IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS IS, WITH ALL
FAULTS.” SOFTWARE AG DOES NOT WARRANT THAT SOFTWARE WILL OPERATE UNINTERRUPTED
OR ERROR FREE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL FUNCTION
WITH OTHER SOFTWARE, HARDWARE, OR WITHIN A SYSTEM, OR THAT THE SOFTWARE,
DOCUMENTATION, INFORMATION, MATERIALS AND/OR SERVICES PROVIDED PURSUANT TO
THIS AGREEMENT WILL FULFILL ANY OF LICENSEE’S PARTICULAR PURPOSES OR NEEDS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOFTWARE AG SPECIFICALLY
DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, QUIET ENJOYMENT,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATIONS OF LIABILITY
EXCEPT WHERE THRE IS A MANDATORY STATUTORY LIABILITY FOR INTENT, GROSS
NEGLIGENCE OR INJURY TO LIFE, BODY OR HEALTH, NEITHER SOFTWARE AG NOR ANY
OF ITS SUPPLIERS SHALL BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY
LOSS OR DAMAGE THAT ARISES IN CONNECTION WITH LICENSEE’S USE OF THE SOFTWARE
OR THAT OTHERWISE ARISES FROM OR RELATES IN ANY WAY TO THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, ANY MONETARY DAMAGES OR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM
OF ACTION ALLEGED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL LICENSEE BE ENTITLED TO OBTAIN SPECIFIC PERFORMANCE IN
CONNECTION WITH THIS AGREEMENT. Licensee acknowledges that the limitations
of liability and the disclaimer of warranties set forth in this Agreement
constitute a fundamental basis of this Agreement and form the primary
consideration between the parties and that Software AG would not have entered
into this Agreement nor provided Licensee with access to the Software
without such limitations of liability and the disclaimer of warranties.

MISCELLANEOUS
Assignment. Licensee may not assign or transfer this Agreement, or any rights
or obligations hereunder (including the license rights), or the Software,
in whole or part, whether by operation of law, change of control, or in any
other manner. Any assignment or attempted assignment in violation of the
foregoing shall be null and void. Software AG may assign any or all of its
rights and obligations under this Agreement.
Audit. Licensee will reasonably cooperate with Software AG and provide
Software AG with reasonable access to Licensee’s information, facilities,
and systems to enable Software AG to ensure Licensee’s compliance with the
terms of this Agreement.
Export. The Licensee may not download or otherwise export or re-export any
underlying software, technology or other information from the Products except
as stated explicitly in this notice or the Commercial License Agreement and in
full compliance with all applicable national and international laws and
regulations. You agree to indemnify and hold harmless and defend Software AG
against any and all liability arising from or relating to your breach of these
export control undertakings. Software AG reserves the right not to honor any
affected parts of this notice, or the Commercial License Agreement, in case
any national or international export regulations or foreign trade legislation,
or any target country / customer / usage restrictions implied by embargos or
other sanctions prohibit the provision of export controlled goods
(Dual-Use items) and services to be granted to you under either this notice
or the Commercial License Agreement. Software AG may inform you if a related
official export approval by national or international export control
authorities is required. Provision of affected Products will then be postponed
until all such required approvals have been granted. The provision of Products
not restricted by the above mentioned export prohibitions will remain unaffected
of this restriction.
Jurisdiction. This Agreement will be governed by and construed in accordance
with the substantive laws in force: (a) in the Commonwealth of Virginia,
if a license to the Software is obtained when Licensee is in the United
States, Canada, Mexico, or any other country not described in subsections
(b) and (c) below; (b) in Japan, if a license to the Software is obtained
when Licensee is in Japan, China, Korea, or other southeast Asian country
where the official languages are written in either an ideographic script
(e.g., hanzi, kanji, or hanja) and/or other script based upon or similar
in structure to an ideographic script (e.g., hangul or kana); or (c) the
United Kingdom, if a license to the Software is obtained when Licensee is
in any European Union country. This Agreement will not be governed by the
conflict of law rules of any jurisdiction or the United Nations Convention
on Contracts for the International Sale of Goods, the application of which
are expressly excluded.
Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be or becomes unenforceable or illegal, such
provision shall be adjusted to the minimum extent necessary to cure such
unenforceability or illegality and the remainder of this Agreement shall
remain in effect in accordance with its terms as modified by such adjustment.
U.S. Government Procurement. If the Software is being acquired by or
on behalf of the U.S. Government by a U.S. Government prime contractor
or subcontractor (at any tier), then the U.S. Government’s rights in the
Software and accompanying Documentation will be only as set forth in this
Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4
(for Department of Defense (“DOD”) acquisitions) and with 48 CFR 2.101 and
12.212 (for non-DOD acquisitions).
Waiver. No waiver or retraction of a waiver under this Agreement shall be
valid or binding unless set forth in writing and executed by a duly authorized
representative of the party against whom such waiver is sought. The failure
of either party to exercise any right granted herein, or to require the
performance by the other party of any obligation set forth herein, or the
waiver by either party of any breach of this Agreement, will not prevent a
subsequent exercise or enforcement of such provisions or be deemed a waiver
of any subsequent breach of the same or any other provision of this Agreement.
Integration. This Agreement constitutes the entire agreement between
the parties regarding the subject hereof and supersedes all prior and
all contemporaneous agreements, understandings, marketing materials, and
communications, whether written or oral. Any modification or amendment of
any provision of this Agreement must be in writing and bear the signature
of the duly authorized representative of each party. Neither the course of
conduct between the parties nor trade usage will act to modify this Agreement.

PART D: SOFTWARE AG EVALUATION LICENSE AGREEMENT FOR TRIAL VERSIONS OF
SOFTWARE AG PRODUCT ONLY

IMPORTANT: PLEASE READ THIS SOFTWARE AG EVALUATION LICENSE AGREEMENT CAREFULLY
BEFORE INSTALLING THE PRODUCT! THE TERMS OF THIS EVALUATION LICENSE AGREEMENT
APPLY ONLY IF YOU HAVE NOT ALREADY EXECUTED A COMMERCIAL LICENSE AGREEMENT FOR
THE PRODUCT WITH A SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR.

EVALUATION LICENSE AGREEMENT FOR TRIAL VERSION
By installing the Product, you, as licensee, are entering into an agreement
with Software AG, as licensor, with GENERAL TERMS as defined in Part A, as
well as with terms set forth below (Part D). In case of conflicting terms
between Part A and D, the terms of this Part D shall apply (“Evaluation)
License Agreement”). If you do not agree to the terms of this agreement,
you must immediately, and in any case before installation, destroy the
Product and all copies of the Product in physical, electronic or other form.

THE LICENSE
With this Evaluation License Agreement, Software AG grants you – free of charge
– a non-exclusive license to use the Product and accompanying documentation on
a single computer, on a workstation or on a single terminal within a network
for evaluation and testing purposes for a time period defined below (see
section License Validity). In no event may the Product be deployed or used
for any commercial production purpose such as developing new applications or
testing, supporting, maintaining, or reengineering of existing applications,
unless you acquire a commercial license from Software AG and pay the applicable
license fees. You may not pass on copies of the Product to any third party or
transfer the Product by electronic means to other computers via a network. For
multi-user hardware systems or networks, a separate license is required for
each user or each workstation. You have the right to make one copy of the
Product solely for archival and backup purposes. You may not decompile,
disassemble, modify, decrypt, extract or otherwise reverse engineer, or
make further copies of the Product or parts thereof. This Evaluation License
Agreement, with the downloaded or otherwise provided and used authorization
key, is proof of your entering into this agreement and you must retain it. This
Evaluation License Agreement does not grant you the right to sublicense,
transfer, rent, assign or lease the Product, in whole or in part.

THIRD PARTY RESTRICTIONS
The Software may contain or include software applications for which the
Licensor itself had to acquire a license to use from a third party
(“Third Party Applications”). These Third Party Applications may be subject
to additional license terms (“Third Party Terms”), which are available under
the web address http://documentation.softwareag.com/legal/thirdparty.htm.
The third party shall be entitled – only in relation to the respective
third-party software – to exercise the rights of Licensor under this Evaluation
License Agreement as a third party beneficiary directly against the licensee.
You may not use or distribute these third party applications or its APIs on a
stand-alone basis without the Product nor attempt to alter or modify it.

LICENSE VALIDITY
This Evaluation License Agreement is limited to a period no longer than
ninety (90) days starting from the date of installation of the Product,
or as defined in the license key file or in PART F below. The license might
limit your use of the Product to certain features, platforms or restrictions
in capacity or other limitations incorporated by default, by license key
file or – if applicable – by definition in PART F below. You accept these
limitations and will in no event bypass these.

COPYRIGHT
Software AG or its affiliates are the sole owner of the industrial property
rights and copyright to the Product and accompanying user documentation or
have the respective distribution rights. References made in or on the Product
to the copyright or to other industrial property rights must not be altered,
deleted or obliterated in any manner.

CONFIDENTIALITY
The Product is confidential and proprietary information of Software AG and
its licensors, and may not be disclosed to third parties. You shall use
such information only for the purpose of exercising the Evaluation License
Agreement to the Product and shall disclose confidential and proprietary
information only to your employees who require such information for the
purpose stated above. You agree to take adequate steps to protect the Product
from unauthorized disclosure or use.

LIMITED WARRANTY
The Product is provided “as is” without any warranty whatsoever. You
assume full responsibility for the selection of the Product to achieve your
intended results and for the installation, use and results obtained from
the Product. Any kind of support for the Software AG Product is explicitly
excluded.

UPDATES AND MAINTENANCE
This Evaluation License Agreement does not grant you any right to, license
for or interest in any improvements, modifications, enhancements or updates
to the Product and documentation or other support services. Such services
are typically available under a Commercial License Agreement only. Any such
arrangements shall be the subject of a separate written agreement.

LIMITATION OF LIABILITY
Except where there is a mandatory statutory liability for intent, gross
negligence or injury to life, body or health, under no circumstances shall
Software AG or its licensors be liable for any damages whatsoever (including,
without limitation, damages for loss of business profits, work stoppage, loss
of data or other financial loss) arising from the use of, or inability to use,
this Product. In no event shall any liability of Software AG arising out of
this agreement exceed the amount paid, if any, by you to Software AG hereunder.

TERMINATION
This Evaluation License Agreement will terminate immediately without notice
from Software AG if you fail to comply with any provision of this Evaluation
License Agreement. Software AG reserves the right to terminate this agreement
immediately for good cause, whereby good cause is understood as any gross
breach of this agreement. Upon termination, you must immediately discontinue
the use of the Product and destroy the Product and all copies of the Product
in physical, electronic or other form. Upon request of Software AG licensee will
certify in written that use is discontinued and all copies of the Product are
destroyed.

EXPORT
You may not download or otherwise export or re-export any underlying
software, technology or other information from the Products except as stated
explicitly in this notice or the Commercial License Agreement and in full
compliance with all applicable national and international laws and
regulations. You agree to indemnify and hold harmless and defend Software AG
against any and all liability arising from or relating to your breach of these
export control undertakings. Software AG reserves the right not to honor any
affected parts of this notice, or the Commercial License Agreement, in case
any national or international export regulations or foreign trade legislation,
or any target country / customer / usage restrictions implied by embargos or
other sanctions prohibit the provision of export controlled goods
(Dual-Use items) and services to be granted to you under either this notice
or the Commercial License Agreement. Software AG may inform you if a related
official export approval by national or international export control
authorities is required. Provision of affected Products will then be postponed
until all such required approvals have been granted. The provision of Products
not restricted by the above mentioned export prohibitions will remain unaffected
of this restriction.

MISCELLANEOUS
The Product is designed for general office use. It is not designed or
intended for use in air traffic control, mass transit systems, critical
medical purposes, the operation of nuclear facilities or any other use which
could result in a high risk of safety or property damage. You warrant that
you will not use the Product for such purposes.

The invalidity of any provision of this agreement shall not affect any other
part of this agreement. This agreement represents the complete and exclusive
statement concerning this Evaluation License Agreement between the parties. No
modification or amendment of this agreement will be binding on any party
unless acknowledged in writing by their duly authorized representatives. This
agreement shall be governed and construed by the laws of the Federal Republic
of Germany.

PART E: SOFTWARE AG LIMITED USE LICENSE AGREEMENT FOR FREEMIUM VERSIONS OF
SOFTWARE AG PRODUCTS ONLY

IMPORTANT: PLEASE READ THIS SOFTWARE AG LIMITED USE LICENSE AGREEMENT CAREFULLY
BEFORE INSTALLING THE PRODUCT! THE TERMS OF THIS LIMITED USE LICENSE AGREEMENT
APPLY ONLY IF YOU HAVE NOT ALREADY EXECUTED A COMMERCIAL LICENSE AGREEMENT FOR
THE PRODUCT WITH A SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR.

LIMITED USE LICENSE AGREEMENT FOR FREEMIUM VERSION
By installing the Product, you, as licensee, are entering into an agreement
with Software AG, as licensor, with GENERAL TERMS as defined in Part A, as
well as with terms set forth below (Part E). In case of conflicting terms
between Part A and E, the terms of this Part E shall apply (“Limited Use
License Agreement”). If you do not agree to the terms of this agreement,
you must immediately, and in any case before installation, destroy the Product
and all copies of the Product in physical, electronic or other form.

THE LICENSE
With this Limited Use License Agreement, Software AG grants you – free of charge
– a non-exclusive license to use and copy the Product and accompanying
documentation on the number of computers, workstations or on terminals within a
network as specified in the respective Product documentation (please refer to the
respective section in the Release Notes relating to use restrictions) for
production use and for a time period defined below (see section License Validity).
This includes use and deployment of the Product for any commercial production
purposes such as developing new applications or testing, supporting, maintaining, or
reengineering of existing applications.

In no event may the Product be used to develop an integrated solution that
requires for the Product to be integrated into your or any third party intellectual
property in order to create a combined product that is provided to third parties,
unless you acquire an OEM license from Software AG and pay the applicable license
fees. You may not pass on or distribute copies of the Product to any third party.
You have the right to make one copy of the Product solely for archival and backup
purposes. You may not decompile, disassemble, modify, decrypt, extract or otherwise
reverse engineer, or make further copies of the Product or parts thereof. This
Limited Use License Agreement is proof of your entering into this agreement and
you must retainit. This Limited Use License Agreement does not grant you the right
to sublicense, transfer, rent, assign or lease the Product, in whole or in part.

THIRD PARTY RESTRICTIONS
The Software may contain or include software applications for which the
Licensor itself had to acquire a license to use from a third party
(“Third Party Applications”). These Third Party Applications may be subject
to additional license terms (“Third Party Terms”), which are available under
the web address http://documentation.softwareag.com/legal/thirdparty.htm.
The third party shall be entitled – only in relation to the respective
third-party software – to exercise the rights of Licensor under this Limited Use
License Agreement as a third party beneficiary directly against the
licensee.
You may not use or distribute these third party applications or its APIs on a
stand-alone basis without the Product nor attempt to alter or modify it.

LICENSE VALIDITY
This Limited Use License Agreement grants you a license for an indefinite
period of time. The license will however limit your use of the Product to
certain features, platforms or restrictions in capacity or other limitations
incorporated by default, or – if applicable – by definition in the respective
Product documentation or PART F below. You accept these limitations and will in
no event bypass these.

COPYRIGHT
Software AG or its affiliates are the sole owner of the industrial property
rights and copyright to the Product and accompanying user documentation or
have the respective distribution rights. References made in or on the Product
to the copyright or to other industrial property rights must not be altered,
deleted or obliterated in any manner.

CONFIDENTIALITY
The Product is confidential and proprietary information of Software AG and
its licensors, and may not be disclosed to third parties. You shall use
such information only for the purpose of exercising the Limited Use License
Agreement to the Product and shall disclose confidential and proprietary
information only to your employees who require such information for the
purpose stated above. You agree to take adequate steps to protect the Product
from unauthorized disclosure or use.

LIMITED WARRANTY
The Product is provided “as is” without any warranty whatsoever. You
assume full responsibility for the selection of the Product to achieve your
intended results and for the installation, use and results obtained from
the Product. Any kind of support for the Software AG Product is explicitly
excluded.

UPDATES AND MAINTENANCE
This Limited Use License Agreement does not grant you any right to, license
for or interest in any improvements, modifications, enhancements or updates
to the Product and documentation or other support services. Such services
are typically available under a Commercial License Agreement only. Any such
arrangements shall be the subject of a separate written agreement.

LIMITATION OF LIABILITY
Except where there is a mandatory statutory liability for intent, gross
negligence or injury to life, body or health, under no circumstances shall
Software AG or its licensors be liable for any damages whatsoever (including,
without limitation, damages for loss of business profits, work stoppage, loss
of data or other financial loss) arising from the use of, or inability to use,
this Product. Except where there is an unlimited mandatory statutory liability,
in no event shall any liability of Software AG arising out of this agreement
exceed the amount paid, if any, by you to Software AG hereunder.

TERMINATION
This Limited Use License Agreement will terminate immediately without notice
from Software AG if you fail to comply with any provision of this Limited
License Agreement. Software AG reserves the right to terminate this agreement
immediately for good cause, whereby good cause is understood as any gross
breach of this agreement. Upon termination, you must immediately discontinue
the use of the Product and destroy the Product and all copies of the Product
in physical, electronic or other form. Upon request of Software AG licensee will
certify in written that use is discontinued and all copies of the Product are
destroyed.

EXPORT
You may not download or otherwise export or re-export any underlying
software, technology or other information from the Products except as stated
explicitly in this notice or the Commercial License Agreement and in full
compliance with all applicable national and international laws and
regulations. You agree to indemnify and hold harmless and defend Software AG
against any and all liability arising from or relating to your breach of these
export control undertakings. Software AG reserves the right not to honor any
affected parts of this notice, or the Commercial License Agreement, in case any
national or international export regulations or foreign trade legislation, or any
target country / customer / usage restrictions implied by embargos or other sanctions
prohibit the provision of export controlled goods (Dual-Use items) and services to
be granted to you under either this notice or the Commercial License Agreement.
Software AG may inform you if a related official export approval by national or
international export control authorities is required. Provision of affected
Products will then be postponed untilall such required approvals have been granted.
The provision of Products not restricted by the above mentioned export prohibitions
will remain unaffected of this restriction.

MISCELLANEOUS
The Product is designed for general office use. It is not designed or
intended for use in air traffic control, mass transit systems, critical
medical purposes, the operation of nuclear facilities or any other use which
could result in a high risk of safety or property damage. You warrant that
you will not use the Product for such purposes.

It is a material term that you shall not use the Product for benchmarking
or similar performance-related testing purposes without the express written
consent of Software AG. If Software AG consents to your using the Product for
any benchmarking or similar performance-related testing purposes, you shall not
publish or disclose to a third party the outcomes or results of any such exercise,
or any information derived from the outcomes or results of such exercise, without
the additional express written consent of Software AG.

The invalidity of any provision of this agreement shall not affect any other
part of this agreement. This agreement represents the complete and exclusive
statement concerning this Limited Use License Agreement between the parties.
No modification or amendment of this agreement will be binding on any party
unless acknowledged in writing by their duly authorized representatives. This
agreement shall be governed and construed by the laws of the Federal Republic
of Germany.

PART F: PRODUCT SPECIFIC TERMS for Adabas, Natural and NaturalONE Community
Editions
(ADANATCOMv201001)

In paragraph “LICENSE VALIDITY” the first sentence shall be replaced by:

This Evaluation License Agreement is limited to a period defined in the
license key file, or until terminated by either party.

In case of conflicting terms between this PART F and your license agreement,
the terms of this PART F shall apply.

PART F: PRODUCT SPECIFIC TERMS for Tamino
(INSv200702)

List of Redistributable Programs for Tamino XML Server The product distribution
contains programs that you may redistribute with your application. The names
of these redistributable programs and their locations after Tamino XML Server
has been installed are as follows (“” refers to the Tamino XML
Server installation directory):

Tamino API for Java (/SDK/TaminoAPI4J)

Tamino API for .NET (/SDK/TaminoAPI4DotNET)

Tamino API for C (/SDK/TaminoAPI4C)

PART F: PRODUCT SPECIFIC TERMS for CentraSite
(INMv200912)

F1 – Usage of WebDAV

Licensee of the CentraSite Community Edition may not use the CentraSite
Repository via the WebDAV interface to store or extend data assets except
through applications of CentraSite Community sponsors.

F2 – Usage of Design GUI

Licensee of any CentraSite Edition may not use the integrated Application
Designer’s UI development components other than for the intended creation
of CentraSite plug-ins.

F3 – Usage of Federation Capabilities

Generating a single, logical view on distributed CentraSite
Registries/Repositories or other UDDI registries (Federation Capabilities)
is exclusive to CentraSite ActiveSOA Edition licensees. Community Edition
licensees are not entitled to use the built-in Federation Capabilities,
which might not be (technically) available with future Community Edition
updates and/or versions.

PART F: PRODUCT SPECIFIC TERMS for Universal Messaging

F1 – Benchmarking

It is a material term that you shall not use the Software for benchmarking
or similar performance-related testing purposes without the express written
consent of Software AG.

If Software AG consents to your using the Software for any benchmarking or
similar performance-related testing purposes, you shall not publish or disclose
to a third party the outcomes or results of any such exercise, or any
information derived from the outcomes or results of such exercise, without the
additional express written consent of Software AG.

PART F: PRODUCT SPECIFIC TERMS for Terracotta

F1 – Usage of Terracotta with Integration Server, Business Process Management,
CloudStreams, Enterprise Gateway, Mediator, Optimize, and OneData

Licensees of webMethods who have not explicitly licensed Terracotta BigMemory
may use Terracotta with the following restrictions:

Clustering: Terracotta BigMemory must be configured in Hybrid mode. Changing
the mode in tc-config.xml from Hybrid to anything else requires
purchase of a BigMemory license. Only a single stripe with one
active and one mirror node is allowed in each cluster; more will
require additional licensing.
Data Storage: Custom caches must be created locally and on-heap (i.e., not
off-heap or distributed). Off-heap data caching either in the
local cache (Ehcache) or the distributed cache requires a
BigMemory license.

PART F: PRODUCT SPECIFIC TERMS for Products running on Java SE Platform
(J2SEv20141212)

F1 – Use of the Commercial Features for any commercial or production purpose
requires a separate license from Oracle.’Commercial Features’ means those
features identified Table 1-1(Commercial Features In Java SE Product Editions)
of the Java SE documentation accessible at
http://www.oracle.com/technetwork/java/javase/documentation/index.html

PART F: PRODUCT SPECIFIC TERMS for Apama Sample Files

F1 – Permission is hereby granted, free of charge, to any person obtaining a copy
of the Apama Sample Files, to deal in the Product without restriction, including
without limitation the rights to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell copies of the Product, and to permit persons to whom the
Software is furnished to do so, subject to the following conditions:

The following copyright notice: “(c) Copyright 2017 Software AG, Darmstadt, Germany
and/or Software AG USA Inc., Reston, VA, USA and/or its subsidiaries and/or its
affiliates and/or their licensors” and this permission notice shall be included in all
copies or substantial portions of the Product.

PART F – PRODUCT SPECIFIC TERMS for Apama Core Community Edition (Apama Core CE)

Notwithstanding the provisions of PART E, section “THE LICENSE”, you may distribute
– either stand-alone or integrated into your or any third party intellectual property
as a combined product – the Apama Core CE Product to third parties, provided that
you do not charge any fee (including but not limited to distribution and maintenance
fees) and you undertake to oblige any third party to further distribute the stand-alone
or combined Product solely in accordance with the terms of this license agreement
(including distribution on a free of charge basis only).
Any commercial distribution of the stand-alone or combined Product to any third party
requires you to obtain a commercial re-selling or OEM license from Software AG.

END OF LEGAL NOTICES

 

These are our standard terms and conditions upon which we intend to rely. For your own benefit and protection you should read these terms carefully before agreeing to them. If you do not understand any point please ask for further information.