Software AG License - Version 1.3

Download License for Freeware Add-Ons

Software AG License Terms, Version 1.3

1. Objective

Software AG provides free of charge add-on Software ("Program") on its Community Source Web Site (the "Site"). The Program is created by Software AG and is intended to be used only in addition to the Software AG product line Tamino, which is available under a separate license agreement. By downloading the Program you accept the terms of this present agreement ("License").

Software AG provides the Program in binary form ("Object Code") on the Site.

2. Grant of Rights

Software AG hereby grants you a non-exclusive copyright license to use, reproduce, modify, display, perform, distribute or sublicense the Program. Distribution and sublicensing to third parties is only permitted by providing the Program free of charge and by binding the third party also to this obligation.

2.1 Distribution/Sublicensing

You are permitted to distribute/sublicense the Program under your own license agreement, provided that: (a) the Program complies with the terms and conditions of this License; and (b) its license agreement

(i) effectively disclaims on behalf of Software AG all warranties and conditions as disclaimed by this License;

(ii) effectively excludes on behalf of Software AG all liability for damages as excluded in this License. Distributions in binary form must reproduce applicable copyright statements and notices and must include the following acknowledgement in the documentation, if any:

Copyright (C) Software AG, Germany 2001. All Rights Reserved.

2.2 Commercial Distribution

In addition to 2.1 the following applies to Commercial distributors:

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. Each distributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for Software AG. Therefore, if a distributor includes the Program in a commercial product offering, such distributor hereby agrees to defend and indemnify Software AG against any damages, losses and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against Software AG caused by the acts or omissions of the distributor in connection with its distribution of the Program in a commercial product offering. The distributor must a) promptly notify Software AG in writing of such claim, and b) allow Software AG to control, and cooperate in the defense and any related settlement negotiations.

3. Property Rights

Software AG is sole owner of the industrial and intellectual property rights and copyright to the Original Program and accompanying user documentation. References made in or on the Original Program to the copyright or to other industrial Property rights must not be altered, deleted or obliterated in any manner.

No title or interest in or to any trademarks, service marks, tradenames or patents of Software AG is granted by this License.

The name of Software AG may not be used to endorse or promote products derived from this software without specific prior written permission.

4. NO WARRANTY

THE PROGRAM IS PROVIDED ONLY ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY OTHER WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE.

5. DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SOFTWARE AG BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR USE OR OTHER FINANCIAL LOSS) ARISING OUT OF OR IN CONNECTION HEREWITH OR THE USE OF; OR INABILITY TO USE THE PROGRAM AND ITS DOCUMENTATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; BUT MAY ALLOW LIABILITY TO BE LIMITED. IN SUCH CASES A PARTY'S LIABILITIES SHALL BE LIMITED TO EURO 25.

6. Updates and Maintenance

This License does not grant any rights, license or Interest in or to support, improvements, modifications, enhancements or updates to the Program, its Documentation and the Contributions.

7. No Compatibility

This License does not grant compatibility with future versions of the Program.

8. Termination

Software AG reserves the right to terminate this License immediately for good cause, whereby good cause is understood e. g. as any breach of the license terms or any infringement of third party rights by Licensee.

9. Export Laws

It is your responsibility as licensee to comply with any export regulations applicable in licensee's jurisdiction.

10. Additional Terms and Conditions

You further agree to comply with the Terms and Conditions of the Tamino Community available at http://www.softwareag.com/developer/legal.htm, which are subject to changes and which apply to this License.

11. Miscellaneous

The Invalidity of any Provision shall not affect the other terms of this License Agreement. These License terms represent the complete and exclusive statement concerning this License between the Parties. No modification or amendment of these terms will be binding unless acknowledged in writing. These License terms shall be governed and construed by the Laws of the Federal Republic of Germany.

Copyright (C) Software AG, Germany 2001 - 2002. All Rights Reserved.