Software AG Legal Notices
LEGAL NOTICES (ALLv200805)
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
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 you must execute
the license agreement with Software AG which is provided for you in "Part
C: Software AG Evaluation License Agreement for Trial Versions of Software
AG Products" ONLY.
COPYRIGHT AND TRADEMARK NOTICE
The name Software AG, webMethods and all Software AG product names are either
trademarks or registered trademarks of Software AG and/or Software AG USA,
Inc. Other company and product names mentioned herein may be trademarks of
their respective owners.
Other brands or names mentioned may be trademarks or registered 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 is granted hereunder.
(c) Copyright 2008 Software AG, Darmstadt, Germany and/or Software AG USA
Inc., Reston, United States of America, and/or their suppliers.
PART B: ADDITIONAL TERMS
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.
Also, the Product contains certain third party technology that is not designed
or intended for use in on-line control of aircraft, air traffic, aircraft
navigation or aircraft communications; or in the design, construction,
operation or maintenance of any nuclear facility. You must not use or
redistribute the Product for such purposes.
The Product, including technical data is subject to export and import control
laws and associated regulations of various governments including those of
Germany, and the United States of America. You must comply strictly with
all such regulations and you are responsible for obtaining all licenses or
other consents related to the export, re-export or import of the Product.
You will find specific terms in addition to your license agreement for the
use of this product in Part D.
PART C: 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
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 C). In case of conflicting terms between
Part A and C, the terms of this Part C 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 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 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.
LICENSE VALIDITY
This Evaluation License Agreement is limited to a period defined in the
license key file, but in any case no longer than ninety (90) days starting
from the date of installation of the Product. The license might limit your use
of the Product to certain features, platforms or restrictions in capacity or
other limitations incorporated with a license key file or - if applicable -
by definition in Part D 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
Under no circumstances shall Software AG or its suppliers 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.
EXPORT
The Product, including technical data is subject to export and import control
laws and associated regulations of various governments including those of
Germany and the United States of America. You must comply strictly with all
such regulations and you are responsible for obtaining all licenses or other
consents related to the export, re-export or import of the Product.
MISCELLANEOUS
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 D: PRODUCT SPECIFIC TERMS
- none -
END OF LEGAL NOTICES
