General Terms and Conditions for the Operate Trial Version
1. Scope of the Terms and Conditions
The General Terms and Conditions (GTC) are between the person or organization (“User”) downloading the Camunda Operate Trial Version and us, the Camunda Services GmbH (“Camunda”).
2. Subject Matter
Camunda grants the User a free of charge trial version for the Camunda Operate Software (hereinafter referred to as “Software”) for Testing Purposes and non-production use only. The Software is transferred per download (testing on-premises).
3. Rights of use
- 3.1 Subject to the provisions of 3.2 and 3.3, Camunda grants the User, the non-exclusive, worldwide rights to use the Software for Testing Purposes. Testing Purposes means usage of the Software in a Non-production Environment with no production capacity and only on a temporary basis. A Non-production Environment means an environment for development, testing or quality assurance, where the Software is not used for production purposes.
- 3.2 The Software contains Open Source Components that have been released under open source licenses. Open source components mean parts of the Software that are creations or contributions by third parties such as open source libraries, components, utilities or other open source software and which are published under open source licenses. The right to grant rights of use in these open source components is not held by Camunda, but by third parties. The right to use the Open Source Components depends on the corresponding open source licenses. The User is responsible for using such Open Source Components only according to the respective licenses.
- 3.3 Unless expressly permitted in 3.1, the User is not authorized, to a. reverse engineer or decompile, decrypt, disassemble or otherwise reduce any part of the Software, except and only to the extent any such restriction is prohibited by applicable law; b. transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software to any third party; c. circumvent the limitations on use of the Software that is imposed or preserved by any license key. d. remove or alter copyright notes, serial numbers or other program identification features, patent notices, trademarks, logos, trade secrets and the like.
4. Support Services
Camunda does not provide any support services for the Software.
The User will indemnify Camunda from all justified claims of third parties due to the infringement of intellectual property rights by the use of the Software, provided that the User uses the Software contrary to the provisions stipulated in “3. Rights of use”.
6. Limitation of liability
Camunda is liable to the User only for damages caused intentionally or by gross negligence (“grobe Fahrlässigeit”). The foregoing limits and exclusions of liability shall not apply to any loss arising in respect of the death or personal injury of any person nor to liability arising from the German Product Liability Act. For those losses, Camunda shall be liable according to the applicable statutory provisions.
7. Protection of privacy
The privacy statement from Camunda’s website (https://camunda.com/legal/privacy/) shall be applicable in its respective valid version.
8. Applicable Law / Place of Venue
With respect to all legal relationships arising from this agreement, the parties agree that this agreement shall be subject to the laws of the Federal Republic of Germany and that the exclusive place of jurisdiction shall be Berlin. Should any provision of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of all other provisions.