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.
OWNERSHIP OF THE PRODUCT. BMC or its Affiliates or licensors retain all right, title and interest to and in the BMC Product and all
intellectual property, informational, industrial property and proprietary rights therein. BMC neither grants nor otherwise transfers any
rights of ownership in the BMC Product to You. BMC Products are protected by applicable copyright, trade secret, and industrial and
intellectual property laws. BMC reserves any rights not expressly granted to You herein.
CONFIDENTIAL AND PROPRIETARY INFORMATION. The BMC Products are and contain valuable confidential information of BMC
("Confidential Information"). Confidential Information means non-public technical and non-technical information relating to the BMC
Products and Support, including, without limitation, trade secret and proprietary information, and the structure and organization of the
Software. You may not disclose the Confidential Information to third parties. You agree to use all reasonable efforts to prevent the
unauthorized use, copying, publication or dissemination of the Product.
WARRANTY. Except for a Trial License, BMC warrants that the Software will perform in substantial accordance with the Documentation
for a period of one year from the date of the order. This warranty shall not apply to any problems caused by software or hardware not
supplied by BMC or to any misuse of the Software.
EXCLUSIVE REMEDY. BMC’s entire liability, and Your exclusive remedy, for any defect in the Software during the warranty period or
breach of the warranty above shall be limited to the following: BMC shall use reasonable efforts to remedy defects covered by the
warranty or replace the defective Software within a reasonable period of time, or if BMC cannot remedy or replace such defective copy
of the Software, then BMC shall refund the amount paid by You for the License for that Software. BMC’s obligations in this section are
conditioned upon Your providing BMC prompt access to the affected Software and full cooperation in resolving the claim.
DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, THE PRODUCT IS PROVIDED "AS IS." BMC, ITS
AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BMC
DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT
ALL DEFECTS CAN BE CORRECTED.
DISCLAIMER OF DAMAGES. IN NO EVENT IS BMC, ITS AFFILIATES OR LICENSORS LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT, SUPPORT,
AND/OR THE PRODUCT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST COMPUTER USAGE TIME, AND DAMAGE
OR LOSS OF USE OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY
NEGLIGENCE OF BMC OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM ARISING UNDER TORT OR CONTRACT
LAW.
LIMITS ON LIABILITY. BMC’S AGGREGATE LIABILITY FOR DAMAGES IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE
LICENSE TO THE PRODUCT.
SUPPORT. If Your order includes support for the Software, then BMC agrees to provide support (24 hours a day/7 days a week)
("Support"). You will be automatically re-enrolled in Support on an annual basis unless BMC receives notice of termination from You
as provided below. There is a free support period during the one year warranty period.
(a) Support Terms. BMC agrees to make commercially reasonable efforts to provide the following Support: (i) For malfunctions of
supported versions of the Software, BMC provides bug fixes, patches or workarounds in order to cause that copy of the Software to
operate in substantial conformity with its then-current operating specifications; and (ii) BMC provides new releases or versions, so long
as such new releases or versions are furnished by BMC to all other enrolled Support customers without additional charge. BMC may
refuse to provide Support for any versions or releases of the Software other than the most recent version or release of such Software
made available by BMC. Either party may terminate Your enrollment in Support upon providing notice to the other at least 30 days prior
to the next applicable Support anniversary date. If You re-enroll in Support, BMC may charge You a reinstatement fee of 1.5 times what
You would have paid if You were enrolled in Support during that time period.
(b) Fees. The annual fee for Support is 20% of the Software’s list price less the applicable discount or a flat capacity based annual fee.
BMC may change its prices for the Software and/or Support upon at least 30 days notice prior to Your support anniversary date.
