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
By installing the enclosed 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, promptly return all media with the enclosed Product and the accompanying documentation and other written materials to Software AG before installation.
With this Evaluation License Agreement, Software AG grants you - free of charge - a non-exclusive license to use the enclosed 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.
The Product is designed for general office use. It is not designed or intended for use in any 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.
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.
Software AG is sole owner of the industrial property rights and copyright to the Product and accompanying user documentation or has 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.
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.
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.
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.
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 by you to Software AG hereunder.
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. Upon termination, you must destroy all copies, in whole or in part of the Product in physical, electronic or other form. 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.
The Product, including technical data is subject to export of control laws and its 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 the Product.
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.
