ADABAS COMMUNITY EDITION

LICENSE AGREEMENT and LEGAL NOTICES (ALLv200814)

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 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.

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.

If applicable, you will find specific terms in addition to your commercial 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 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 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 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 D 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 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 (ADANATcommv200814)

For Adabas and Natural Community Editions

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 D and your license agreement, the terms of this Part D shall apply.

END OF LEGAL NOTICES

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