LEGAL NOTICES (ALLv201901) 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: YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING ANY RELEVANT SOFTWARE AG SOFTWARE TO WHICH THESE TERMS AND CONDITIONS APPLY ('SOFTWARE'). THE INSTALLATION AND/OR USE BY YOU OF ANY SOFTWARE WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. YOU HEREBY REPRESENT AND WARRANT, THAT YOU HAVE AUTHORITY TO ACT AND ENTER INTO A BINDING AGREEMENT ON BEHALF OF YOUR COMPANY ('CUSTOMER') IN DEALING WITH THE RELEVANT SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR ('SUPPLIER'). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT PROCEED WITH THE INSTALLATION OF THE SOFTWARE AND, INSTEAD, RETURN THE SOFTWARE AND ANY ASSOCIATED DOCUMENTATION AND ALL COPIES THEREOF TO SUPPLIER. Table of content: PART A: GENERAL TERMS PART B: ADDITIONAL TERMS COMMERCIAL LICENSE PART C: SOFTWARE AG LICENSE AGREEMENT FOR WEBMETHODS PARTNER SERVERS ONLY PART D: SOFTWARE AG EVALUATION LICENSE AGREEMENT FOR TRIAL VERSIONS OF SOFTWARE AG PRODUCT ONLY PART E: SOFTWARE AG LIMITED USE LICENSE AGREEMENT FOR FREEMIUM VERSIONS OF SOFTWARE AG PRODUCTS ONLY PART F: SOFTWARE AG LICENSE AGREEMENT FOR PRE-DELIVERY VERSIONS OF SOFTWARE AG PRODUCTS ONLY PART G: PRODUCT SPECIFIC TERMS for Adabas, Natural and NaturalONE Community Editions PART G: PRODUCT SPECIFIC TERMS for Tamino PART G: PRODUCT SPECIFIC TERMS for CentraSite PART G: PRODUCT SPECIFIC TERMS for Universal Messaging PART G: PRODUCT SPECIFIC TERMS for Terracotta PART G: PRODUCT SPECIFIC TERMS for Apama Sample Files PART G: PRODUCT SPECIFIC TERMS for Apama Core Community Edition PART G: PRODUCT SPECIFIC TERMS for MashZone NextGen PART G: PRODUCT SPECIFIC TERMS for EntireX Part G: PRODUCT SPECIFIC TERMS for NaturalONE and the Natural Development Server 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 and you have been granted access to a webMethods Partner Server by a sponsoring company that has licensed a Software AG webMethods solution, you must execute the license agreement with Software AG which is provided for you in "Part C: Software AG License Agreement for webMethods Partner Servers Only" If you have not entered into a Commercial License Agreement and you are not using a webMethods Partner Server pursuant to Part C, you must execute the license agreement with Software AG which is provided for you in Part D "Software AG Evaluation License Agreement for Trial Versions of Software AG Products" or Part E "Software AG Limited Use License Agreement for Freemium Version of Software AG Products" or Part F License Agreement for Pre- Delivery Versions of Software AG Products. COPYRIGHT AND TRADEMARK NOTICE The name Software AG and all Software AG product names are either trademarks or registered trademarks of Software AG and/or Software AG USA Inc. and/or its subsidiaries and/or its affiliates and/or their licensors. Other company and product names mentioned herein may be 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 or its licensors is granted hereunder. (c) Copyright 2019 Software AG, Darmstadt, Germany and/or Software AG USA Inc., Reston, VA, USA and/or its subsidiaries and/or its affiliates and/or their licensors. 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. The software 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 software for such purposes. You may not download, get and/or provide access to or otherwise export or re-export any underlyingsoftware, technology or other information from the Products except as stated explicitly in this notice or the Commercial License Agreement and in full compliance with all applicable national and international laws and regulations. You agree to indemnify and hold harmless and defend Software AG against any and all liability arising from or relating to your breach of these export control undertakings. Software AG reserves the right not to honor any affected parts of this notice, or the Commercial License Agreement, in case any national or international export regulations or foreign trade legislation, or any target country / customer / usage restrictions implied by embargos or other sanctions prohibit the provision of export controlled goods (Dual-Use items) and services to be granted to you under either this notice or the Commercial License Agreement. Software AG may inform you if a related official export approval by national or international export control authorities is required. Provision of affected Products will then be postponed until all such required approvals have been granted. The provision of Products not restricted by the above mentioned export prohibitions will remain unaffected of this restriction. If applicable, you will find specific terms in addition to your commercial license agreement for the use of this product in PART G. PART C: SOFTWARE AG LICENSE AGREEMENT FOR WEBMETHODS PARTNER SERVERS ONLY IMPORTANT: THIS AGREEMENT APPLIES ONLY IF YOU ARE USING A WEBMETHODS PARTNER SERVER PROVIDED BY A SPONSORING COMPANY THAT HAS LICENSED A SOFTWARE AG WEBMETHODS SOLUTION. THE TERMS OF THIS AGREEMENT DO NOT APPLY IF YOU HAVE ALREADY EXECUTED A COMMERCIAL LICENSE AGREEMENT FOR THE WEBMETHODS PARTNER SERVER WITH A SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE IN ANY WAY INSTALLING, ACCESSING, OR USING THE PRODUCT. SOFTWARE AG LICENSE AGREEMENT FOR WEBMETHODS PARTNER SERVERS 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 in Part C. In case of conflicting terms between Part A and the Part C, the terms of this Part C shall apply. 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. By installing and/or using the Product, you agree to be bound by and manifest your assent to all the terms and conditions of this Part C. LICENSE GRANT Subject to the terms and conditions set forth in this Agreement, Software AG hereby grants to Licensee a nontransferable, non-sublicensable, nonexclusive, limited license during the Term to use the webMethods Partner Server and any other associated Software AG software program(s) made available to Licensee (the "Software"), in Executable Code form, together with the Documentation. This Agreement only grants Licensee the right to use the Software on one (1) designated CPU and to make one (1) copy of the Software for backup and archival purposes. All use of the Software is strictly limited to Licensee's internal data processing in connection with the Software AG webMethods solution licensed to the sponsoring company and is strictly limited to bi-directional delivery of data between Licensee and such sponsoring company. Any and all other use of the Software is strictly prohibited. For purposes of this Agreement, the term (i) "Documentation" means the user manuals made available to Licensee in connection with the Software; and (ii) the term "Executable Code" means the fully compiled version of a software program that can be executed by a computer and used by an end user without further compilation. PROPRIETARY RIGHTS a. Licensee acknowledges and agrees that the Software, Documentation, and all other related information and materials (collectively, the "Proprietary Information") provided to or made available to Licensee, and all patents, copyrights, trade secrets, and other United States or international intellectual property rights (each, an "Intellectual Property Right") embodied in the foregoing, are the exclusive and proprietary property of Software AG and/or its suppliers. Licensee further acknowledges and agrees that the Software and its structure, underlying concepts, organization, and source code constitute valuable trade secrets of Software AG and/or its suppliers. Accordingly, Licensee agrees not to (a) disassemble, reverse engineer, reverse compile, or otherwise attempt to derive the source code for the Software in whole or in part, (b) modify, adapt, alter, translate, or create derivative works from the Software; (c) merge the Software with other software; (d) sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; or (e) except as expressly set forth in this Agreement, otherwise use, provide access to, or copy the Software. b. Licensee shall keep the Proprietary Information in strict confidence and use the Property Information solely for purposes of exercising the license rights set forth in Section 1 of this Agreement. Licensee shall restrict access to the Proprietary Information to only those authorized persons with a need to know in order for Licensee to exercise the license rights granted under Section 1 and shall ensure that all such authorized persons shall refrain from any disclosure, use, duplication, or reproduction prohibited by this Section 2. Except as expressly set forth in this Agreement, Licensee shall not, directly or indirectly, use, disclose, distribute, duplicate, or otherwise reproduce the Proprietary Information, in whole or in part. Licensee agrees not to remove any copyright notice or other proprietary markings from the Proprietary Information or any copies thereof. c. Licensee shall have no obligation to preserve the proprietary nature of only that portion of the Software AG's Proprietary Information that is or becomes generally available to the public by other than unauthorized disclosure. In the event Licensee is required to disclose Proprietary Information by law or by any governmental agency having jurisdiction pursuant to an order to produce, or in the course of a legal proceeding pursuant to a lawful request for discovery, Licensee may disclose only that portion of the Proprietary Information that it is legally required to disclose; provided Licensee promptly notifies Software AG and reasonably cooperates with Software AG if Software AG's elects, at its expense, to seek to limit or avoid such disclosure by any lawful means and Licensee takes all reasonable and necessary actions to protect the confidentiality of the Proprietary Information disclosed. d. Licensee agrees not to challenge, directly or indirectly, the right, title, and interest of Software AG in and to the Software or any other Proprietary Information, or any Intellectual Property Rights therein, nor the validity or enforceability of Software AG's rights under applicable law. Licensee agrees not to, directly or indirectly, register, apply for registration, or attempt to acquire any legal protection for the Software or any other Proprietary Information, or any Intellectual Proprietary Rights therein, or to take any other action which may adversely affect Software AG's rights, title, or interest in or to the Software or any other Proprietary Information in any jurisdiction. e. Licensee agrees to notify Software AG immediately and in writing of all circumstances surrounding the unauthorized possession or use of the Software or any other Proprietary Information by any person or entity. Licensee agrees to cooperate fully with Software AG in any litigation relating to or arising from such unauthorized possession or use. f. Licensee acknowledge that the Proprietary Information is unique and that Licensee's failure to comply with the provisions of this Section 2 may result in irreparable harm to Software AG and, in the event of the breach or threatened breach by Licensee of its obligations under this Section 2, Software AG shall be entitled to equitable relief in the form of specific performance and/or an injunction for any such actual or threatened breach, in addition to the exercise of any other remedies at law and in equity. g. Software AG reserves all rights regarding the Software and all other Proprietary Information owned or licensed by Software AG to the extent such rights are not expressly granted to Licensee in this Agreement. TERM AND TERMINATION Subject to Licensee's strict compliance with the terms and conditions of this Agreement, the term of this Agreement ("Term") shall be coincident with the term of the license granted to the sponsoring company for the Software AG webMethods solution. This Agreement shall remain in effect until the Term expires or is terminated or this Agreement is otherwise terminated by Software AG for Licensee's breach of any of the provisions of this Agreement. Upon the termination or expiration of this Agreement for any reason, all license rights granted under this Agreement shall immediately cease to exist and Licensee shall immediately discontinue all use of the Software and shall, within ten (10) days after the expiration or termination, certify in writing to Software AG that the Software and Documentation and all copies and related materials in the possession of Licensee have been removed from its system and destroyed. Notwithstanding any other provision of this Agreement, all of Licensee's obligations under this Agreement shall continue perpetually and irrevocably. SUPPORT AND MAINTENANCE Software AG, in its sole discretion, may provide (and subsequently cease providing) Licensee with limited support and maintenance services for the Software. Notwithstanding any decision by Software AG to exercise its discretion in providing Licensee with such services, in no event shall Licensee be deemed entitled to any support or maintenance or other similar services from Software AG, including but not limited to any fixes, updates, or new releases of the Software. DISCLAIMER OF WARRANTIES ALL SOFTWARE, DOCUMENTATION, INFORMATION, MATERIALS AND/OR SERVICES PROVIDED TO LICENSEE IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED "AS IS, WITH ALL FAULTS." SOFTWARE AG DOES NOT WARRANT THAT SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL FUNCTION WITH OTHER SOFTWARE, HARDWARE, OR WITHIN A SYSTEM, OR THAT THE SOFTWARE, DOCUMENTATION, INFORMATION, MATERIALS AND/OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT WILL FULFILL ANY OF LICENSEE'S PARTICULAR PURPOSES OR NEEDS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOFTWARE AG SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATIONS OF LIABILITY EXCEPT WHERE THERE IS A MANDATORY STATUTORY LIABILITY FOR INTENT, GROSS NEGLIGENCE OR INJURY TO LIFE, BODY OR HEALTH, NEITHER SOFTWARE AG NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE THAT ARISES IN CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE OR THAT OTHERWISE ARISES FROM OR RELATES IN ANY WAY TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY MONETARY DAMAGES OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION ALLEGED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSEE BE ENTITLED TO OBTAIN SPECIFIC PERFORMANCE IN CONNECTION WITH THIS AGREEMENT. Licensee acknowledges that the limitations of liability and the disclaimer of warranties set forth in this Agreement constitute a fundamental basis of this Agreement and form the primary consideration between the parties and that Software AG would not have entered into this Agreement nor provided Licensee with access to the Software without such limitations of liability and the disclaimer of warranties. MISCELLANEOUS Assignment. Licensee may not assign or transfer this Agreement, or any rights or obligations hereunder (including the license rights), or the Software, in whole or part, whether by operation of law, change of control, or in any other manner. Any assignment or attempted assignment in violation of the foregoing shall be null and void. Software AG may assign any or all of its rights and obligations under this Agreement. Audit. Licensee will reasonably cooperate with Software AG and provide Software AG with reasonable access to Licensee's information, facilities, and systems to enable Software AG to ensure Licensee's compliance with the terms of this Agreement. Export. The Licensee may not download, get and/or provide access to or otherwise export or re-export any underlying software, technology or other information from the Products except as stated explicitly in this notice or the Commercial License Agreement and in full compliance with all applicable national and international laws and regulations. You agree to indemnify and hold harmless and defend Software AG against any and all liability arising from or relating to your breach of these export control undertakings. Software AG reserves the right not to honor any affected parts of this notice, or the Commercial License Agreement, in case any national or international export regulations or foreign trade legislation, or any target country / customer / usage restrictions implied by embargos orother sanctions prohibit the provision of export controlled goods(Dual-Use items) and services to be granted to you under either this noticeor the Commercial License Agreement. Software AG may inform you if a related official export approval by national or international export control authorities is required. Provision of affected Products will then be postponed until all such required approvals have been granted. The provision of Products not restricted by the above mentioned export prohibitions will remain unaffected of this restriction. Jurisdiction. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the Commonwealth of Virginia, if a license to the Software is obtained when Licensee is in the United States, Canada, Mexico, or any other country not described in subsections (b) and (c) below; (b) in Japan, if a license to the Software is obtained when Licensee is in Japan, China, Korea, or other southeast Asian country where the official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja) and/or other script based upon or similar in structure to an ideographic script (e.g., hangul or kana); or (c) the United Kingdom, if a license to the Software is obtained when Licensee is in any European Union country. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be or becomes unenforceable or illegal, such provision shall be adjusted to the minimum extent necessary to cure such unenforceability or illegality and the remainder of this Agreement shall remain in effect in accordance with its terms as modified by such adjustment. U.S. Government Procurement. If the Software is being acquired by or on behalf of the U.S. Government by a U.S. Government prime contractor or subcontractor (at any tier), then the U.S. Government's rights in the Software and accompanying Documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense ("DOD") acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). Waiver. No waiver or retraction of a waiver under this Agreement shall be valid or binding unless set forth in writing and executed by a duly authorized representative of the party against whom such waiver is sought. The failure of either party to exercise any right granted herein, or to require the performance by the other party of any obligation set forth herein, or the waiver by either party of any breach of this Agreement, will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of this Agreement. Integration. This Agreement constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior and all contemporaneous agreements, understandings, marketing materials, and communications, whether written or oral. Any modification or amendment of any provision of this Agreement must be in writing and bear the signature of the duly authorized representative of each party. Neither the course of conduct between the parties nor trade usage will act to modify this Agreement. PART D: 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 FOR THE PRODUCT 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 D). In case of conflicting terms between Part A and D, the terms of this Part D 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 LICENSE RESTRICTIONS The Product(s) may contain or be distributed with certain open source, free or commercial third party licensor's components ("Third Party Components"). These Third Party Components, if any, may be identified in, and may be subject to, special license terms and conditions ("Third Party Terms") set forth in "*.txt" or "*.pdf" files in the installation directory, a license notice on installation or in readme or license files accompanying Third Party Components and may be retrieved online for then current versions of Software at http://softwareag.com/licenses. Third Party Terms include important licensing and warranty information and disclaimers of licensors. For the avoidance of doubt the Third Party Terms do not restrict the rights granted under this Agreement. 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 F 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 F 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 Except where there is a mandatory statutory liability for intent, gross negligence or injury to life, body or health, under no circumstances shall Software AG or its licensors 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. Upon request of Software AG licensee will certify in written that use is discontinued and all copies of the Product are destroyed. EXPORT You may not download, get and/or provide access to or otherwise export or re-export any underlying software, technology or other information from the Products except as stated explicitly in this notice or the Commercial License Agreement and in full compliance with all applicable national and international laws and regulations. You agree to indemnify and hold harmless and defend Software AG against any and all liability arising from or relating to your breach of these export control undertakings. Software AG reserves the right not to honor any affected parts of this notice, or the Commercial License Agreement, in case any national or international export regulations or foreign trade legislation, or any target country / customer / usage restrictions implied by embargos or other sanctions prohibit the provision of export controlled goods (Dual-Use items) and services to be granted to you under either this notice or the Commercial License Agreement. Software AG may inform you if a related official export approval by national or international export control authorities is required. Provision of affected Products will then be postponed until all such required approvals have been granted. The provision of Products not restricted by the above mentioned export prohibitions will remain unaffected of this restriction. MISCELLANEOUS 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. 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 E: SOFTWARE AG LIMITED USE LICENSE AGREEMENT FOR FREEMIUM VERSIONS OF SOFTWARE AG PRODUCTS ONLY IMPORTANT: PLEASE READ THIS SOFTWARE AG LIMITED USE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE PRODUCT! THE TERMS OF THIS LIMITED USE LICENSE AGREEMENT APPLY ONLY IF YOU HAVE NOT ALREADY EXECUTED A COMMERCIAL LICENSE AGREEMENT FOR THE PRODUCT WITH A SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR. LIMITED USE LICENSE AGREEMENT FOR FREEMIUM 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 E). In case of conflicting terms between Part A and E, the terms of this Part E shall apply ("Limited Use 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 Limited Use License Agreement, Software AG grants you - free of charge - a non-exclusive license to use and copy the Product and accompanying documentation on the number of computers, workstations or on terminals within a network as specified in the respective Product documentation (please refer to the respective section in the Release Notes relating to use restrictions) for production use and for a time period defined below (see section License Validity). This includes use and deployment of the Product for any commercial production purposes such as developing new applications or testing, supporting, maintaining, or reengineering of existing applications. In no event may the Product be used to develop an integrated solution that requires for the Product to be integrated into your or any third party intellectual property in order to create a combined product that is provided to third parties, unless you acquire an OEM license from Software AG and pay the applicable license fees. You may not pass on or distribute copies of the Product to any third party. 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 Limited Use License Agreement is proof of your entering into this agreement and you must retain it. This Limited Use License Agreement does not grant you the right to sublicense, transfer, rent, assign or lease the Product, in whole or in part. THIRD PARTY LICENSE RESTRICTIONS The Product(s) may contain or be distributed with certain open source, free or commercial third party licensor's components ("Third Party Components"). These Third Party Components, if any, may be identified in, and may be subject to, special license terms and conditions ("Third Party Terms") set forth in "*.txt" or "*.pdf" files in the installation directory, a license notice on installation or in readme or license files accompanying Third Party Components and may be retrieved online for then current versions of Software at http://softwareag.com/licenses. Third Party Terms include important licensing and warranty information and disclaimers of licensors. For the avoidance of doubt the Third Party Terms do not restrict the rights granted under this Agreement. LICENSE VALIDITY This Limited Use License Agreement grants you a license for an indefinite period of time. The license will however limit your use of the Product to certain features, platforms or restrictions in capacity or other limitations incorporated by default, or - if applicable - by definition in the respective Product documentation or PART F 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 Limited Use 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 Limited Use 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 Except where there is a mandatory statutory liability for intent, gross negligence or injury to life, body or health, under no circumstances shall Software AG or its licensors 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. Except where there is an unlimited mandatory statutory liability, 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 Limited Use License Agreement will terminate immediately without notice from Software AG if you fail to comply with any provision of this Limited 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. Upon request of Software AG licensee will certify in written that use is discontinued and all copies of the Product are destroyed. EXPORT You may not download, get and/or provide access to or otherwise export or re-export any underlying software, technology or other information from the Products except as stated explicitly in this notice or the Commercial License Agreement and in full compliance with all applicable national and international laws and regulations. You agree to indemnify and hold harmless and defend Software AG against any and all liability arising from or relating to your breach of these export control undertakings. Software AG reserves the right not to honor any affected parts of this notice, or the Commercial License Agreement, in case any national or international export regulations or foreign trade legislation, or any target country / customer / usage restrictions implied by embargos or other sanctions prohibit the provision of export controlled goods (Dual-Use items) and services to be granted to you under either this notice or the Commercial License Agreement. Software AG may inform you if a related official export approval by national or international export control authorities is required. Provision of affected Products will then be postponed until all such required approvals have been granted. The provision of Products not restricted by the above mentioned export prohibitions will remain unaffected of this restriction. MISCELLANEOUS 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. It is a material term that you shall not use the Product for benchmarking or similar performance-related testing purposes without the express written consent of Software AG. If Software AG consents to your using the Product for any benchmarking or similar performance-related testing purposes, you shall not publish or disclose to a third party the outcomes or results of any such exercise, or any information derived from the outcomes or results of such exercise, without the additional express written consent of Software AG. 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 Limited Use 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 F: SOFTWARE AG LICENSE AGREEMENT FOR PRE-DELIVERY OF SOFTWARE AG PRODUCTS ONLY IMPORTANT: THIS AGREEMENT APPLIES ONLY IF YOU ARE USING A PRE-DELIVERY VERSION OF SOFTWARE AG PRODUCTS. THESE TERMS AND CONDITIONS ONLY APPLY AS LONG AND TO THE EXTENT AS YOU HAVE NOT EXECUTED A WRITTEN COMMERCIAL LICENSE AGREEMENT REGARDING THE SOFTWARE WITH A SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR. MUTUAL EXECUTION OF A SUBSEQUENT WRITTEN COMMERCIAL LICENSE AGREEMENT REGARDING THE SOFTWARE BY YOU AND A SOFTWARE AG SUBSIDIARY OR DISTRIBUTOR SHALL REPLACE THE TERMS OF THIS AGREEMENT WITH IMMEDIATE EFFECT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE IN ANY WAY INSTALLING, ACCESSING, OR USING THE PRODUCT. LICENCE GRANT Licence Grant: Subject to the terms and conditions set forth in this Agreement, the Supplier grants to the Customer a non-exclusive, non-transferable, non- sublicensable right to use the Software based on the licence parameters set out in this Agreement and solely for the Term and subject to required emergency maintenance and force majeure events. The Customer may install and use the Software internally within its organization only. The Software may not be transferred, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to another party without Supplier's prior written consent. For Software which is licensed together as a bundle of separately listed software the relevant Software is intended only to be used as part of the relevant bundle and not separately on a stand-alone basis. RESTRICTIONS Restrictions: Except as expressly permitted in any related documentation, the Customer may not modify or adapt the Software in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Software (except to the extent applicable laws specifically prohibit such a restriction). The Customer may not use the Software for timesharing, rental or service bureau purposes and shall not remove any copyright notices or other proprietary notices from the Software. Results of benchmark or other performance tests run on the Software may not be disclosed to any third party without Supplier's prior written consent which consent may be withheld at the sole discretion of the Supplier. OWNERSHIP Ownership: The Software is owned by Supplier, its subsidiaries or affiliates or their suppliers and is protected by copyright laws and international treaty provisions. The Customer acquires only the non-exclusive right to use the Software as permitted herein and does not acquire any rights of ownership in the Software. The Customer agrees to protect Supplier's proprietary rights in the Software and will take all steps reasonably necessary to prevent the disclosure to any person other than its employees or to any other legal entity of proprietary information provided by Supplier. TERMINATION Termination: The Customer's licence to use the Software will automatically terminate as of the date set forth in this Agreement or, if not otherwise specified herein, thirty (30) days after the date that the Customer receives the Software from Supplier. Notwithstanding the foregoing, Supplier may immediately terminate the Agreement upon written notice to the Customer. Upon any termination (howsoever arising) or expiry, the Customer shall cease using the Software and delete the Software from the Customer's system. If the Customer possesses the Software in any physical form, e.g. hard disk or otherwise, then the Customer shall, at the Customer's own expense, return the Software in its possession (including without limitation all related documentation) within ten (10) days of termination to Supplier. If requested by Supplier, the Customer shall send a letter certifying that the provisions of this clause have been adhered to. All disclaimers of warranties, limitations of liability and provisions for the protection of Supplier's proprietary rights in the Software as set forth herein shall survive any termination of the Agreement. WARRANTY DISCLAIMER Warranty Disclaimer: The Customer acknowledges that the Software is provided 'as is' without anywarranty whatsoever solely for the Customer's evaluation. THE SUPPLIER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY To the extent permitted by law, Supplier shall not be liable for any damages caused by the use of the Software. IPR INDEMNITY Indemnity: Supplier shall indemnify, defend, and hold Customer harmless from any action brought by a third-party against Customer to the extent that it is caused by an allegation that the Software licensed under this Agreement has infringed an intellectual property right or trade secret registered in the country of Supplierīs residence, and pay those damages or costs related to the settlement of such action or finally awarded against Customer in such action, including but not limited to reasonable attorneys' fees, provided that Customer: (a) promptly notifies Supplier of any such action; and (b) gives Supplier full authority, information, and assistance to defend such claim; and (c) gives Supplier sole control of the defense of such claim and all negotiations for the compromise or settlement of such claim. Exclusions: Supplier shall have no liability under this Agreement with respect to any claim based upon: (a) Software that has been modified by anyone other than Supplier; (b) use of other than the then-current release of the Software, if the infringement could have been avoided by use of the then-current release and such current release has been made available to Customer; or (c) use of the Software in conjunction with Customer data where use with such data gave rise to the infringement claim. Remedy by Supplier: If Supplier determines that the Software is or is likely to be the subject of a claim of infringement, Supplier shall have the right: (a) to replace Customer's copy of the Software with non-infringing software that has substantially equivalent functionality; (b) to modify the Software so as to cause the Software to be free of infringement; (c) to terminate the licence to use the Software and Documentation. Exclusive remedy: The provisions of this clause state the exclusive liability of the Supplier and the exclusive remedy of the Customer with respect to any claim of intellectual property infringement by the Software. GENERAL Data Protection: Unless stated otherwise, the obligations of the parties in connection with the processing of any customer data that qualify as personal data according to Art. 4 No. 1 of the General Data Protection Regulation (GDPR) ('Customer Personal Data') including the applicable technical and organizational measures that Supplier is required to implement and maintain to protect Customer Personal Data, shall be as set out in the Data Processing Agreement (if any) entered into between the Parties. Third Party Licence Restrictions: The Software may contain or be distributed with certain open source, free or commercial third party licensor's components ('Third Party Components'). These Third Party Components, if any, may be identified in, and may be subject to, special licence terms and conditions ('Third Party Terms') set forth in '*.txt' or *.pdf' files in the installation directory, a licence notice on installation or in readme or licence files accompanying Third Party Components and may be retrieved online for then current versions of Software at http://softwareag.com/licenses. Third Party Terms include important licensing and warranty information and disclaimers of licensors. For the avoidance of doubt the Third Party Terms do not restrict the rights granted under this Agreement. Export Control: Customer may not download, get and/or provide access to, or otherwise export or re-export any underlying software or service, technology or other information from the Software or Documentation except as stated explicitly in this Agreement and in full compliance with all applicable national and international laws and regulations. Customer agrees to indemnify and hold harmless and defend Supplier against any and all liability arising from or relating to Customer's breach of this Clause. Supplier reserves the right not to execute affected parts of, or the entire Agreement, in case any national or international export regulations or foreign trade legislation, or any target country/customer/usage restrictions implied by embargoes or other sanctions prohibit the provision of export controlled goods (Dual'Use items) and services to be granted to the Customer under this Agreement. Supplier will inform the Customer whether a related official export approval by national or international export control authorities is required. Provision of affected goods and services will then be postponed until all such required approvals have been granted. The provision of agreed goods or services not restricted by the above mentioned export prohibitions will remain unaffected by this clause. Governing Law: This Agreement and all matters relating to the interpretation and effect of this Agreement are made and will be governed exclusively by and construed in accordance with the laws of Germany without giving effect to its conflicts-of-laws provisions and exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The parties consent and submit to exclusive personal jurisdiction, procedure and venue for legal disputes arising from or connected with this Agreement shall lie with the courts of Darmstadt, Germany. Arbitration processes are excluded. PART G: PRODUCT SPECIFIC TERMS for Adabas, Natural and NaturalONE Community Editions (ADANATCOMv201001) 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 G and your license agreement, the terms of this PART G shall apply. PART G: PRODUCT SPECIFIC TERMS for Tamino (INSv200702) List of Redistributable Programs for Tamino XML Server. The product distribution contains programs that you may redistribute with your application. The names of these redistributable programs and their locations after Tamino XML Server has been installed are as follows ("" refers to the Tamino XML Server installation directory): Tamino API for Java (/SDK/TaminoAPI4J) Tamino API for .NET (/SDK/TaminoAPI4DotNET) Tamino API for C (/SDK/TaminoAPI4C) PART G: PRODUCT SPECIFIC TERMS for CentraSite (INMv200912) G1 - Usage of WebDAV Licensee of the CentraSite Community Edition may not use the CentraSite Repository via the WebDAV interface to store or extend data assets except through applications of CentraSite Community sponsors. G2 - Usage of Design GUI Licensee of any CentraSite Edition may not use the integrated Application Designer's UI development components other than for the intended creation of CentraSite plug-ins. G3 - Usage of Federation Capabilities Generating a single, logical view on distributed CentraSite Registries/Repositories or other UDDI registries (Federation Capabilities) is exclusive to CentraSite ActiveSOA Edition licensees. Community Edition licensees are not entitled to use the built-in Federation Capabilities, which might not be (technically) available with future Community Edition updates and/or versions. PART G: PRODUCT SPECIFIC TERMS for Universal Messaging G1 - Benchmarking It is a material term that you shall not use the Software for benchmarking or similar performance-related testing purposes without the express written consent of Software AG. If Software AG consents to your using the Software for any benchmarking or similar performance-related testing purposes, you shall not publish or disclose to a third party the outcomes or results of any such exercise, or any information derived from the outcomes or results of such exercise, without the additional express written consent of Software AG. PART G: PRODUCT SPECIFIC TERMS for Terracotta G1 - Usage of Terracotta with Integration Server, Business Process Management, CloudStreams, Enterprise Gateway, Mediator, Optimize, API Gateway and OneData. Licensees of webMethods who have not explicitly licensed Terracotta BigMemory may use Terracotta with the following restrictions: Clustering: Terracotta BigMemory must be configured in Hybrid mode. Changing the mode in tc-config.xml from Hybrid to anything else requires purchase of a BigMemory license. Only a single stripe with one active and one mirror node is allowed in each cluster; more will require additional licensing. Data Storage: Custom caches must be created locally and on-heap (i.e., not off-heap or distributed). Off-heap data caching either in the local cache (Ehcache) or the distributed cache requires a BigMemory license. PART G: PRODUCT SPECIFIC TERMS for Apama Sample Files G1 - Permission is hereby granted, free of charge, to any person obtaining a copy of the Apama Sample Files, to deal in the Product without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Product, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The following copyright notice: "(c) Copyright 2019 Software AG, Darmstadt, Germany and/or Software AG USA Inc., Reston, VA, USA and/or its subsidiaries and/or its affiliates and/or their licensors" and this permission notice shall be included in all copies or substantial portions of the Product. PART G - PRODUCT SPECIFIC TERMS for Apama Core Community Edition (Apama Core CE) Notwithstanding the provisions of PART E, section "THE LICENSE", you may distribute - either stand-alone or integrated into your or any third party intellectual property as a combined product - the Apama Core CE Product to third parties, provided that you do not charge any fee (including but not limited to distribution and maintenance fees) and you undertake to oblige any third party to further distribute the stand-alone or combined Product solely in accordance with the terms of this license agreement (including distribution on a free of charge basis only). Any commercial distribution of the stand-alone or combined Product to any third party requires you to obtain a commercial re-selling or OEM license from Software AG. PART G: PRODUCT SPECIFIC TERMS for MashZone NextGen G1 - Usage of MashZone NextGen with Process & Integration software Licensees of Business Process Management Suite or CloudStreams Bundle or Active Transfer Bundle who have not explicitly purchased a separate, full license for MashZone NextGen may use MashZone NextGen with the following restrictions: - Dashboards may only be viewed, dashboards cannot be created or modified without a separate license for MashZone NextGen. PART G: PRODUCT SPECIFIC TERMS for EntireX For Customers holding a license for EntireX (EXX) or EntireX Link (EXXLI) on Windows, Linux and Unix, a restricted license of webMethods Integration Server (PIE) will be included starting with version 10.3 of EntireX. For that license of webMethods Integration Server (PIE) the following usage restrictions apply: * PIE and the EntireX components of this license have to run on one and the same identical platform/machine. * Usage is granted for integration scenarios created by and running via EntireX only. * The above integration scenarios are restricted to calling REST resources and Web services on the PIE side, and integration of Natural, COBOL or PLI programs on the other side. * Customers also holding other licenses for webMethods Integration Server (PIE) shall not be authorized to move any workload to instances of their restricted license of PIE included with any EntireX release. Part G: PRODUCT SPECIFIC TERMS for NaturalONE and the Natural Development Server With Natural version 9 on Mainframe, Unix and Linux, NaturalONE (with Natural Development Server) will become the default development environment and the green-screen (character-based) Natural Editor will be disabled by default. With getting NaturalONE and the Natural Development Server for free, customers agree that the Natural editors (program editor, data editor and map editor) are disabled. The free NaturalONE and Natural Development Server licenses as integrated part of Natural can be activated with the Natural (NAT) license key. If you run EntireX components with a Natural (NAT) or NaturalONE (ONE) license, then EntireX shall only be used for development purposes and not for production. The EntireX components have to run on the same identical platform/machine where NaturalONE is running. END OF LEGAL NOTICES