General Terms and Conditions for the Camunda trial version
1. Scope of the Terms and Conditions
The General Terms and Conditions (GTC) are only applicable to companies as laid down in §§ 14, 310 Abs.1 of the German Code of Civil Law (BGB) (hereinafter referred to as “user”).
2. Subject of Matter
The Camunda Services GmbH (hereinafter referred to as “Camunda”) grants the user a free of charge trial version for the Camunda Enterprise Platform (hereinafter referred to as “Software”). The term of the trial version is agreed separately with the user and confirmed via email. The Camunda Enterprise Platform 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 following non-exclusive, worldwide rights regarding the Software during the test period:
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 Software for testing purposes.
b. The user is further entitled to integrate the Siftware 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 Software to third parties. He shall in particular neither sell nor temporarily transfer, lease or lend the Software to third parties. Affiliated companies are not considered third parties within the meaning of this section.
d. 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.
3.2 The Software contains open source components that have been released under open source licenses. Open source components means parts of the c 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. Those components are either listed within the documentation, together with the respective copyright notice and license text (third party libraries) or accounted for in the license header of a file or a LICENSE file present in the root directory of the software code repository. The right to grant rights of use in these open source components is not held (exclusively) by Camunda, but (also) 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 The Software contains commercial software components. The header of a source code file or the LICENSE file present in the root directory of the software code repository indicates whether a component is a commercial software component of the Software. Unless expressly permitted in these GTC, the use of the commercial software components by the user is limited as follows:
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.
4. Support Services
Camunda does not provide any support services during the trial period. If the user wants to receive support services, the parties can conclude a separate agreement in this regard.
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 Camunda Enterprise Platform, 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.
Subject to the provisions in 3.2 the user’s rights of use expire automatically at the end of the trial period. The user is obliged to uninstall the commercial components of the Camunda Enterprise Platform. Moreover, the user must extract those components from his own software products.
8. Purchasing of the full version
If the user wants to continue utilizing the Software independently or within the scope of his own software solution, a corresponding software license agreement must be concluded between the parties. If the user indicates the willingness to purchase a full license for the Software at least 24 hours before the end of the trial version and Camunda confirms in writing within 30 days the further usage of the Software, he shall, for the time being, not be obliged to uninstall or extract the Software 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
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.