The Software is licensed, not sold. Upon Licensee’s acceptance of this EULA, Licensor grants the Licensee the non-exclusive and a non-transferable right to use the Software subject to the following conditions:
2.1 Paid License
2.1.1 Authorized Users
The licenses granted are subject to the condition that the Licensee must ensure the maximum number of Authorized Users accessing and using the Software concurrently is equal to the number of User Licenses for which the necessary Fees have been paid to the Reseller or Licensor. The Licensee may purchase additional User Licenses at any time on payment of the appropriate Fees to the Reseller or Licensor.
2.1.2 Number of Instances
Unless otherwise specified in your Order, for each Software license that you purchase, you may install one (1) production instance of the Software on systems owned or operated by you or one of your Authorized Users. We may also make available “developer” licenses free of charge for certain of our Software offerings to allow you to deploy non-production instances, such as for staging or QA purposes. To request a non-production licenses please open a ticket on Service Desk.
The Licensee is permitted to copy the Software for data protection, archiving and backup purposes only and for no other purpose. However, only the strictly necessary number of backup copies may be made.
2.2 Evaluation License
2.2.1 Installation and Use
Licensor may, in its sole discretion, provide evaluation copies of the Software, which may have limited functionality, to a Licensee to assess the Software. Such evaluation copies will be provided under an Evaluation License that limits the period during which the Licensee may download, install, use and operate the Software (“Evaluation Period”) and limits the number of temporary users. Upon the expiry of the Evaluation Period, the Software will cease to function and the Licensee must remove and delete all copies of the Software in its possession.
2.3 General License Terms
Each License granted by Licensor under this EULA is unless otherwise specified in this EULA or agreed by Licensor in writing; a worldwide, non-exclusive and non-transferable authorization to use the Software up to its Term.
Licensee must: (a) ensure that only an Authorized User uses the Software and only in accordance with the terms and conditions of this EULA and (b) ensure that the Software is not used for rental, timesharing, subscription service, hosting or outsourcing.
Licensee must not, whether through negligent act or omission, or without the prior written consent of Licensor, which may be withheld at its sole discretion and conditions: (a) decompile; reverse engineer; disassemble; modify; adapt; create derivative works from; or otherwise attempt to derive; any part or whole of the Software; (b) directly or indirectly access or use any Embedded Software independently of the rest of the Software; (c) sell; sublicense; rent, redistribute; reproduce; transmit; circulate; disseminate; translate or reduce to or from any electronic medium or machine readable form the Software or any data/information not owned by the Licensee which is provided to Licensee through the Software to a person who is not an Authorized User; (d) vary or amend the Software (including any Embedded Software; Protected Code or Accessible Code); (e) except as otherwise permitted in this EULA, publish; promote; broadcast; circulate or refer publicly of the Licensor´s name; trade name; trademark; service mark or logo; (f) commit any act or omission the likely result of which is that Licensor or any of its third party suppliers reputation will be brought into disrepute or which could reasonably be expected to have or does have a material and adverse effect on Licensor interests; (g) distribute the Software via OEM Distribution without entering into a separate OEM Distribution Agreement with Licensor; or (h) copy or embed elements of the Accessible Code contained in the Software into other software.
Subject to the terms of this EULA and unless terminated earlier in accordance with this EULA, the term granted hereunder shall be: (a) for a Paid Perpetual License, perpetual; (b) for a Subscription-based Product, the period of time of the Paid License subscription or renewal, or (c) for an Evaluation License, the Evaluation Period.
2.3.3 Permitted Computers
Except as otherwise agreed in writing by Licensor, the Licensee must only install the Software and make the Software available for use on hardware systems owned, leased or controlled by the Licensee.
2.3.4 Protection Mechanisms
The Software includes license protection mechanisms that are designed to manage and protect the intellectual property rights of Licensor and its third party suppliers. Licensee must not modify, alter, attempt to defeat or defeat such protection mechanisms or the use rules that the protection mechanisms are designed to enforce. Any such violation by the Licensee will result in the immediate termination of the License.
2.3.5 Data Functions
The Software contains some functions created to obtain data regarding the server and usage of the Software that will be sent to Licensor, and that data will be used only for Licensor internal purposes to improve and develop the Software capacities and performance.
The Licensee may freely disconnect the Data Functions at any moment without any cost or payment of any kind.
2.3.6 Responsibility for Non-controlled systems
If Licensor permits the Licensee to install the Software or make the Software available for use on hardware systems not owned, leased or controlled by the Licensee (“Non-controlled Systems”), the Licensee will ensure the terms of this EULA are complied by users of such Non-controlled Systems and the Licensee will indemnify Licensor for all costs, damages and loss it suffers arising from such installation or use of the Software on Non-controlled Systems.