END USER LICENSE AGREEMENT
NOTICE
BY OPENING THE PACKAGE, INSTALLING, PRESSING "AGREE" OR "YES" OR USING THE PRODUCT, THE ENTITY OR INDIVIDUAL
ENTERING INTO THIS AGREEMENT AGREES TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE WITH ANY OF
THESE TERMS, DO NOT INSTALL OR USE THE PRODUCT, PROMPTLY RETURN THE PRODUCT TO BMC OR YOUR BMC RESELLER,
AND IF YOU ACQUIRED THE LICENSE WITHIN 30 DAYS OF THE DATE OF YOUR ORDER CONTACT BMC OR YOUR BMC RESELLER
FOR A REFUND OF LICENSE FEES PAID. IF YOU REJECT THIS AGREEMENT, YOU WILL NOT ACQUIRE ANY LICENSE TO USE THE
PRODUCT.
This Agreement ("Agreement") is between the entity or individual entering into this Agreement ("You") and BMC Software Distribution, Inc., a
Delaware corporation located at 2101 CityWest Blvd., Houston, Texas, 77042, USA or its affiliated local licensing entity ("BMC"). "You" includes
you and your Affiliates. "Affiliate" is defined as an entity which controls, is controlled by or shares common control with a party. THIS
AGREEMENT WILL APPLY TO THE PRODUCT, UNLESS (1) YOU AGREED TO A WEB BASED LICENSE AGREEMENT WITH BMC WHEN
ORDERING THE PRODUCT, IN WHICH CASE THAT WEB BASED LICENSE AGREEMENT GOVERNS THE USE OF THE PRODUCT, OR (2) IF
YOU DID NOT AGREE TO A WEB BASED LICENSE AGREEMENT WITH BMC WHEN ORDERING THE PRODUCT AND YOU HAVE A
WRITTEN LICENSE AGREEMENT WITH BMC, THEN THAT WRITTEN AGREEMENT GOVERNS THE USE OF THE PRODUCT. THE
ELECTRONIC AGREEMENT PROVIDED WITH THE PRODUCT AS PART OF THE INSTALLATION OF THE PRODUCT WILL NOT APPLY. In
addition to the restrictions imposed under this Agreement, any other usage restrictions contained in the Product installation instructions or release
notes shall apply to Your use of the Product.
PRODUCT AND CAPACITY. "Software" means the object code version of the computer programs provided, via delivery or electronic
transmission, to You. Software includes computer files, enhancements, maintenance modifications, upgrades, updates, bug fixes, and error
corrections.
"Documentation" means all written or graphical material provided by BMC in any medium, including any technical specifications, relating to the
functionality or operation of the Software.
"Product" means the Software and Documentation.
"License Capacity" means the licensed capacity for the Software with the pricing and other license defining terms, including capacity restrictions,
such as tier limit, total allowed users, gigabyte limit, quantity of Software, and/or other capacity limitations regarding the Software. For licenses
based on the power of a computer, You agree to use BMC’s current computer classification scheme, which is available at http://www.bmc.com or
can be provided to You upon request.
ACCEPTANCE. The Product is deemed accepted by You, on the date that You received the Product from BMC.
LICENSE. Subject to the terms of this Agreement, as well as Your payment of applicable fees, BMC grants You a non-exclusive, non-transferable,
perpetual (unless a term license is provided on an order) license for each copy of the Software, up to the License Capacity, to do the following:
(a) install the Software on Your owned or leased hardware located at a facility owned or controlled by You in the country where You acquired the
license;
(b) operate the Software solely for processing Your own data in Your business operations; and
(c) make one copy of the Software for backup and archival purposes only (collectively a "License").
If the Software is designed by BMC to permit you to modify such Software, then you agree to only use such modifications or new software
programs for Your internal purposes or otherwise consistent with the License. BMC grants You a license to use the Documentation solely for Your
internal use in Your operations.
LICENSE UPGRADES. You may expand the scope of the License Capacity only pursuant to a separate agreement with BMC for such expanded
usage and Your payment of applicable fees. There is no additional warranty period or free support period for license upgrades.
RESTRICTIONS: You agree to NOT:
(a) disassemble, reverse engineer, decompile or otherwise attempt to derive any Software from executable code;
(b)
distribute or provide the Software to any third party (including without limitation, use in a service bureau, outsourcing environment, or
processing the data of third parties, or for rental, lease, or sublicense); or
(c)
provide a third party with the results of any functional evaluation or benchmarking or performance tests, without BMC’s prior written approval,
unless prohibited by local law.
TRIAL LICENSE. If, as part of the ordering process, the Product is provided on a trial basis, then these terms apply: (i) this license consists solely
of a non-exclusive, non-transferable evaluation license to operate the Software for the period of time specified from BMC or, if not specified, a 30
day time period ("Trial Period") only for evaluating whether You desire to acquire a capacity-based license to the Product for a fee; and (ii) Your
use of the Product is on an AS IS basis without any warranty, and BMC, ITS AFFILIATES AND RESELLERS, AND LICENSORS DISCLAIM ANY
AND ALL WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT) AND HAVE NO LIABILITY WHATSOEVER RESULTING FROM THE USE OF THIS
PRODUCT UNDER THIS TRIAL LICENSE ("Trial License"). BMC may terminate for its convenience a Trial License upon notice to You. When
the Trial Period ends, Your right to use this Product automatically expires. If You want to continue Your use of the Product beyond the Trial Period,
contact BMC to acquire a capacity-based license to the Product for a fee.
TERMINATION. This Agreement shall immediately terminate if You breach any of its terms. Upon termination, for any reason, You must uninstall
the Software, and either certify the destruction of the Product or return it to BMC.
