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.
