Terms and Conditions for the free trial of the Camunda Enterprise Platform
1. Scope of the Terms and Conditions
The terms and conditions (T&Cs) are only applicable to companies as laid down in §§ 14, 310 Abs.1 of the German Code of Civil Law (BGB), hereinafter user.
2. Subject of Matter
The Camunda Services GmbH (hereinafter Camunda) grants the user for the Camunda Enterprise Platform a free of charge trial version. The term of the trial version will be explicitly communicated to the user via email. The Camunda Enterprise Platform is transferred per download (testing on-premise).
3. Rights of use
The user has the following non-exclusive, worldwide rights regarding the Camunda Enterprise Platform for a limited period of time:
a. The user as well as his legally or economically affiliated companies as defined in §§ 15 ff. of the German Stock Corporation Act (AktG) may use the Camunda Enterprise Platform for testing purposes.
b. The user is further entitled to integrate the Camunda Enterprise Platform for testing purposes into its own software. Integration takes place by using the interfaces (API) of the Camunda Enterprise Platform as described explicitly in the applicable version of the documentation.
c. The user is not permitted to pass on the Camunda Enterprise Platform to third parties. He shall in particular neither sell nor temporarily transfer, lease or lend the Camunda Enterprise Platform to third parties. Affiliated companies are not considered third parties within the meaning of this section.
The user shall not be permitted to remove or alter copyright notes, serial numbers or other program identification features, patent notices, trademarks, logos, trade secrets and the like.
4. Support Services
During the term of the trial version Camunda does not offer support services. If the user wants to receive software support, the parties can conclude a separate agreement in this regard.
Partially, the Camunda Enterprise Platform consists of components created by third parties and published under an open source license. The documentation specifies which components are included hereof. The user will fully indemnify Camunda against any loss, damage, cost and expense which Camunda may incur as a result off any claim that the possession or use of any part of the Camunda Enterprise Platform infringes the Intellectual Property Rights or other rights of any third party.
6. Limitation of liability
Camunda is liable to the user only for damages caused intentionally or by gross negligence. 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.
At the end of the trial version the free trial license will expire automatically. The user must uninstall the Camunda Enterprise Platform. Moreover, the user must extract the Camunda Enterprise Platform from his own software products.
8. Purchasing of the full version
If the user wants to continue utilizing the Camunda Enterprise Platform itself or within his own software product, he must engage in a separate license agreement with Camunda. If the user indicates the willingness to purchase a full license for the Camunda Enterprise Platform at least 24 hours before the end of the trial version and Camunda confirms in writing within 30 days the further usage of the Camunda Enterprise Platform, he shall, for the time being, not be obliged to uninstall or extract the Camunda Enterprise Platform from his own software product.
9. Protection of privacy
The privacy statement from Camunda’s website (https://camunda.com/legal/privacy/) shall be applicable in its respective valid version.
10. Applicable Law / Place of Venue
The legal relationship between the parties is subject to the German substantive law. Berlin shall be the sole place of venue for all disputes among the parties arising out of and in relation to this business relationship. Should any provision of these T&Cs be invalid, this shall not affect the validity of all other provisions.