IMPORTANT: PLEASE READ THIS SOFTWARE AG LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE! THE TERMS OF THIS LICENSE AGREEMENT APPLY ONLY IF YOU HAVE NOT ALREADY EXECUTED A LICENSE AGREEMENT WITH A SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR
- LICENSE AGREEMENT FOR TRIAL VERSION
By installing the enclosed software, 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 B). In case of conflicting terms between Part A and B, the terms of this Part B shall apply. If you do not agree to the terms of this agreement, promptly return all media with the enclosed software and the accompanying documentation and other written materials to Software AG before installation.
- THE LICENSE
With this agreement, Software AG grants you - free of charge - a non-exclusive license to use the enclosed software and accompanying documentation (Software) 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 Software 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 Software to any third party or transfer the Software 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 Software solely for archival and backup purposes. You may not decompile, disassemble, modify, decrypt, extract or otherwise reverse engineer, or make further copies of the Software or parts thereof. This license agreement, with the downloaded or otherwise provided and used authorization key, is proof of your entering into this license agreement and you must retain it. This license does not grant you the right to sublicense, transfer, rent, assign or lease the Software, in whole or in part.
- THIRD PARTY RESTRICTIONS
The Software 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 warrant that you will not use the Software for such purposes.
- LICENSE VALIDITY
This license 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 Software.
- COPYRIGHT
Software AG is sole owner of the industrial property rights and copyright to the Software and accompanying user documentation or has the respective distribution rights. References made in or on the Software to the copyright or to other industrial property rights must not be altered, deleted or obliterated in any manner.
- LIMITED WARRANTY
The Software is provided "as is" without any warranty whatsoever. You assume full responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software. Any kind of support for the Software AG Software is explicitly excluded.
- UPDATES AND MAINTENANCE
This license does not grant you any right to, license for or interest in any improvements, modifications, enhancements or updates to the Software and documentation or other support services. Such services are only available for regular commercial licenses.
- 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 Software.
- TERMINATION
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.
- EXPORT
The Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You must comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the Software. The Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. Use, duplication or disclosure by the United States government is subject to the restrictions a set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19 (c) (2) as applicable. Any other form of transfer or use of the Software which exceeds the scope of this license as described is prohibited.
- 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 license 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.
