General Terms of Use
            

Thank you for visiting the Software AG website!

The following terms of use apply to your visit to our website www.softwareag.com. Please read them before using the websites.

Effective since January 17, 2022

1. Area of application
The websites of Software AG and its subsidiaries ("Websites") provide you with a variety of uses, including searching for information, participating in Software AG's community platforms (e.g., forums, user groups, etc.), making your own contributions, downloading various software and materials, and engaging in other activities related to Software AG's products and services. While your use of these sites is subject to mandatory terms and conditions, you are also provided with important privacy notices. By accessing these Websites, you accept and agree to be bound by these terms of use. If you do not agree to the terms of use, you may not use the websites. Some offers may have more specific terms of use, for example, Software AG's career pages. These take precedence over these terms of use and can be found on the relevant pages of the Websites. If you download software from our Websites, the respective license terms linked also take precedence. In addition, reference is made to the Software AG Trademark Guideline.

Software AG may change these terms of use at any time and grants access to archived prior versions.

Do not use our services in any manner that would interrupt, damage or otherwise disrupt access to the Websites. Do not use the services for fraudulent or other unlawful acts. Also, avoid harassing or disturbing others with your activities.

2. Copyright and Rights of Use
Software AG shares with you through the websites various content, such as downloads, data, text, images, information, graphics, sound, video and animation files and other content. This content is protected by trademark, copyright and/or other intellectual property laws for the benefit of Software AG or, in some cases, for the benefit of third parties.

Even if the content is freely available, it is not permitted to extract, reproduce, modify, imitate or distribute in any way the websites as a whole or individual elements contained on these websites. If you wish to use the content in this manner, Software AG may grant you such rights upon request, which rights are non-exclusive and non-transferable. For the content made available in the media center, the following provision shall apply in derogation of this section.

3. Registration, Password
Some areas of the Websites are password protected. In order to use these, prior registration is required. You can subsequently change your registration data and delete your account at any time.

If you register, you must observe the following:

• Password-protected areas are reserved for trusted users only, so you must provide truthful and complete information, as well as keep this information up to date, or notify Software AG of any changes;
• In order to avoid misuse, access data must be treated confidentially and in particular must not be disclosed to third parties;
• If you suspect such misuse, please inform Software AG immediately after you become aware of it.

There is no claim for a registration by Software AG and Software AG reserves the right to deactivate the access data at any time and in particular in the event of a violation of the Terms of Use or other applicable law, without giving reasons, and thus to revoke the access authorization.

4. Data protection
If you use the Websites, personal data will be processed. This is done exclusively in compliance with data protection laws. Please inform yourself about the handling of your data in the privacy notice .

5. General user obligations
In addition to the obligations already described, you undertake in particular:

• By the use, as well as by the user behaviour not to violate legal regulations, rights of third parties or official decisions;
• Not to cause any damage, disruption and/or overload of the websites or underlying software and/or hardware;
• Not to place links on these websites without prior written consent.

6. Obligations of the community platform users
Software AG is very pleased that you participate as a user in the free community platforms and supports your active participation. By posting a contribution, you grant Software AG the right to make the contribution permanently available for retrieval on the Websites, and at the same time Software AG obtains the right to delete, edit, link to other content and move contributions within the Websites.

To ensure that the Community Platforms remain a profitable event for all, you may use them only in compliance with the platform rules. By registering for the community platforms, you agree as follows:

(a) Any contribution by you will be valued unless it violates these rules, morality, or otherwise violates applicable law. Here are examples of contributions that will not be tolerated:

• Untrue or criminal content, e.g. defamation of a third party;
• Copyright and/or trademark protected content, without the permission of the rights holder, e.g. no labelling of third party text;
• Anti-competitive actions that can, for example, noticeably affect competitors;
• Repeated posting of identical topics;
• Advertising in the form of repeating advertising, i.e. without clear identification as advertising;
• as well as illegal content, e.g. of a racist, discriminatory or pornographic nature.

Please check your contributions carefully for these points before publication.

b) In case you still violate a), Software AG will immediately delete or modify your contributions. In addition, you will be prohibited from posting further contributions. Your account will be blocked.

c) Any contributions, data about other users and other information obtained through the use of the community platforms may only be used on the occasion of the use of the community platforms and not for other purposes, e.g. advertising.

d) If you violate the platform rules, you are obligated to indemnify Software AG from any claims, including claims for damages and costs of a reasonable legal defense, arising from your failure to comply with the platform rules.

7. Availability of the Website
The websites are generally available around the clock. However, uninterrupted availability cannot be guaranteed. In some cases, such as maintenance work, but also due to circumstances beyond the control of Software AG, the Website may be temporarily unavailable. In such cases, Software AG asks you to visit the Website again at a later time.

8. Liability
The contents of these Websites do not constitute any express or implied representations or warranties. As a whole, no freedom from errors is guaranteed. All content provided by Software AG has been compiled in good faith. Software AG has no influence on the content of any third-party contributions and does not adopt them as its own in any way. Software AG assumes no liability for damages caused by the use of such content. In connection with the use of the Web Sites, Software AG shall be liable as follows:

(a) Regardless of the legal reason, without limitation for damages caused by intentional acts or omissions or gross negligence;

(b) In cases of mandatory legal liability, including claims arising from the Product Liability Act, and without limitation for damages to life, limb and health, regardless of the legal reason;

(c) For the slightly negligent breach of material obligations (so-called "cardinal obligations") Software AG's liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract. Cardinal obligations are those contractual obligations which fulfillment enables the proper performance of the contract in the first place and on the compliance with which the Customer has regularly relied and may rely on.

Except in cases of 8 (a), (b) and (c), liability for slight negligence is excluded.

9. Links to external websites
The terms of use do not apply to links to third-party websites. Software AG has no influence whatsoever on the content behind a link to third-party websites and does not in any way adopt the content of linked third-party websites as its own or endorse them as a result of the link. Furthermore, Software AG makes no representations whatsoever about, and assumes no responsibility or liability for, any damages resulting from use of any content linked to from this site.

10. Place of jurisdiction, Applicable law
If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be at the registered office of Software AG. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11. Miscellaneous
It is pointed out that for forward-looking statements the possibility of a significant deviation exists. For further information, please refer to the Publication Guidelines . In the event that individual provisions of these Terms of Use are invalid, the validity of the remaining provisions shall remain unaffected. In this case, the invalid provision will be replaced by a legally permissible provision that corresponds to the sense and purpose of the invalid provision.

For further questions please contact Software AG.

(c) Copyright 1998 - 2023 SOFTWARE AG