License Terms and Conditions

Updated: 2024-10-18

This notice is valid for all products, product lines and associated products of Cumulocity GmbH comprising software, documentation, user manuals and other related materials in tangible or electronic form (the “Product”).

IMPORTANT: YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING ANY RELEVANT CUMULOCITY GMBH SOFTWARE TO WHICH THESE TERMS AND CONDITIONS APPLY (“SOFTWARE”).

THE INSTALLATION AND/OR USE BY YOU OF ANY SOFTWARE WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

YOU HEREBY REPRESENT AND WARRANT, THAT YOU HAVE AUTHORITY TO ACT AND ENTER INTO A BINDING AGREEMENT ON BEHALF OF YOUR COMPANY (“CUSTOMER”) IN DEALING WITH THE RELEVANT CUMULOCITY GMBH SUBSIDIARY OR DISTRIBUTOR (“SUPPLIER”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT PROCEED WITH THE INSTALLATION OF THE SOFTWARE AND, INSTEAD, RETURN THE SOFTWARE AND ANY ASSOCIATED DOCUMENTATION AND ALL COPIES THEREOF TO SUPPLIER.

Part A: General terms

You are not allowed to install or use the Product without a corresponding license agreement. If you have entered into a commercial license agreement with one of Cumulocity GmbH’s affiliates, subsidiaries or distributors (“Commercial License Agreement”) the installation and use of the Product is subject to your acceptance of additional terms which are provided for you in “Part B: Additional Terms”.

Copyright and trademark notice

The name Cumulocity GmbH and all Cumulocity GmbH product names are either trademarks or registered trademarks of Cumulocity GmbH and/or its subsidiaries and/or its affiliates and/or their licensors.

Other company and product names mentioned herein may be trademarks of their respective owners. Cumulocity GmbH or its affiliates and subsidiaries are the sole owner of all intellectual property rights to the Products and accompanying user documentation or have the respective distribution rights. References made in or on the Products to the copyright and/or to the industrial property rights must not be altered, deleted or obliterated in any manner.

No right, title or interest in any trademark or trade names of Cumulocity GmbH or its subsidiaries or its licensors is granted hereunder.

Part B: Additional terms commercial license

The Commercial License Agreement does not grant you the right to sublicense, rent, assign or lease the software, in whole or in part, and you may not decompile, disassemble, modify, decrypt, extract or otherwise reverse engineer, or make further copies of the software, except as explicitly permitted by the Commercial License Agreement.

The software is designed for general office use. It is not designed or intended for use in air traffic control, mass transit systems, critical medical purposes, the operation of nuclear facilities or any other use which could result in a high risk of safety or property damage (“High Risk Usage”). You warrant that you will not use the software for such High Risk Usage purposes.

You may not download, get and/or provide access to or otherwise export or re-export any underlying software, technology or other information from the Products except as stated explicitly in this notice or the Commercial License Agreement and in full compliance with all applicable national and international laws and regulations. You agree to indemnify and hold harmless and defend Cumulocity GmbH against any and all liability arising from or relating to your breach of these export control undertakings. Cumulocity GmbH reserves the right not to honor any affected parts of this notice, or the Commercial License Agreement, in case any national or international export regulations or foreign trade legislation, or any target country / customer / usage restrictions implied by embargos or other sanctions prohibit the provision of export-controlled goods (Dual-Use items) and services to be granted to you under either this notice or the Commercial License Agreement. Cumulocity GmbH may inform you if a related official export approval by national or international export control authorities is required. Provision of affected Products will then be postponed until all such required approvals have been granted. The provision of Products not restricted by the above-mentioned export prohibitions will remain unaffected of this restriction.

If applicable, you will find specific terms in addition to your commercial license agreement for the use of this product in PART D.

Part C: Cumulocity GmbH Evaluation License Agreement for trial versions of Cumulocity GmbH product only

IMPORTANT: PLEASE READ THIS CUMULOCITY GMBH EVALUATION LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE PRODUCT! THE TERMS OF THIS EVALUATION LICENSE AGREEMENT APPLY ONLY IF YOU HAVE NOT ALREADY EXECUTED A COMMERCIAL LICENSE AGREEMENT FOR THE PRODUCT WITH A CUMULOCITY GMBH SUBSIDIARY OR DISTRIBUTOR.

Evaluation License Agreement for trial version

By installing the Product, you, as licensee, are entering into an agreement with Cumulocity GmbH, as licensor, with General Terms as defined in Part A, as well as with terms set forth below (Part C). In case of conflicting terms between Part A and C, the terms of this Part C shall apply (“Evaluation License Agreement”). If you do not agree to the terms of this agreement, you must immediately, and in any case before installation, destroy the Product and all copies of the Product in physical, electronic or other form.

The license

With this Evaluation License Agreement, Cumulocity GmbH grants you - free of charge a non-exclusive license to use the Product and accompanying documentation on a single computer, on a workstation or on a single terminal within a network for evaluation and testing purposes for a time period defined below (see section License Validity). In no event may the Product be deployed or used for any commercial production purpose such as developing new applications or testing, supporting, maintaining, or reengineering of existing applications, unless you acquire a commercial license from Cumulocity GmbH and pay the applicable license fees. You may not pass on copies of the Product to any third party or transfer the Product by electronic means to other computers via a network. For multi-user hardware systems or networks, a separate license is required for each user or each workstation. You have the right to make one copy of the Product solely for archival and backup purposes. You may not decompile, disassemble, modify, decrypt, extract or otherwise reverse engineer, or make further copies of the Product or parts thereof. This Evaluation License Agreement, with the downloaded or otherwise provided and used authorization key, is proof of your entering into this agreement and you must retain it. This Evaluation License Agreement does not grant you the right to sublicense, transfer, rent, assign or lease the Product, in whole or in part.

Third party license restrictions

The Product(s) may contain or be distributed with certain open source, free or commercial third party licensor’s components (“Third Party Components”). These Third Party Components, if any, may be identified in, and may be subject to, special license terms and conditions (“Third Party Terms”) set forth in “3rd-party-licenses-*” files included or linked from the installation package, or may be retrieved online for the SaaS cloud deployments of the Software at https://cumulocity.com/docs/legal-notices/

Third Party Terms include important licensing and warranty information and disclaimers of licensors. For the avoidance of doubt, the Third Party Terms do not restrict the rights granted under this Agreement.

License validity

This Evaluation License Agreement is limited to a period no longer than ninety (90) days starting from the date of installation of the Product.

The license might limit your use of the Product to certain features, platforms or restrictions in capacity or other limitations incorporated by default or by license key. You accept these limitations and will in no event bypass these.

Copyright

Cumulocity GmbH or its affiliates are the sole owner of the industrial property rights and copyright to the Product and accompanying user documentation or have the respective distribution rights. References made in or on the Product to the copyright or to other industrial property rights must not be altered, deleted or obliterated in any manner.

Confidentiality

The Product is confidential and proprietary information of Cumulocity GmbH and its licensors, and may not be disclosed to third parties. You shall use such information only for the purpose of exercising the Evaluation License Agreement to the Product and shall disclose confidential and proprietary information only to your employees who require such information for the purpose stated above. You agree to take adequate steps to protect the Product from unauthorized disclosure or use.

Limited warranty

The Product is provided “as is” without any warranty whatsoever. You assume full responsibility for the selection of the Product to achieve your intended results and for the installation, use and results obtained from the Product. Any kind of support for the Cumulocity GmbH Product is explicitly excluded.

Updates and maintenance

This Evaluation License Agreement does not grant you any right to, license for or interest in any improvements, modifications, enhancements or updates to the Product and documentation or other support services. Such services are typically available under a Commercial License Agreement only. Any such arrangements shall be the subject of a separate written agreement.

Limitation of liability

Except where there is a mandatory statutory liability for intent, gross negligence or injury to life, body or health, under no circumstances shall Cumulocity GmbH or its licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, work stoppage, loss of data or other financial loss) arising from the use of, or inability to use, this Product. In no event shall any liability of Cumulocity GmbH arising out of this agreement exceed the amount paid, if any, by you to Cumulocity GmbH hereunder.

Termination

This Evaluation License Agreement will terminate immediately without notice from Cumulocity GmbH if you fail to comply with any provision of this Evaluation License Agreement. Cumulocity GmbH reserves the right to terminate this agreement immediately for good cause, whereby good cause is understood as any gross breach of this agreement. Upon termination, you must immediately discontinue the use of the Product and destroy the Product and all copies of the Product in physical, electronic or other form. Upon request of Cumulocity GmbH licensee will certify in written that use is discontinued and all copies of the Product are destroyed.

Export

Miscellaneous

The Product is designed for general office use. It is not designed or intended for use in air traffic control, mass transit systems, critical medical purposes, the operation of nuclear facilities or any other use which could result in a high risk of safety or property damage. You warrant that you will not use the Product for such purposes.

The invalidity of any provision of this agreement shall not affect any other part of this agreement. This agreement represents the complete and exclusive statement concerning this Evaluation License Agreement between the parties. No modification or amendment of this agreement will be binding on any party unless acknowledged in writing by their duly authorized representatives. This agreement shall be governed and construed by the laws of the Federal Republic of Germany.

Part D: Product specific terms for Apama Core Community Edition (Apama Core CE)

You may distribute - either stand-alone or integrated into your or any third party intellectual property as a combined product - the Apama Core CE Product to third parties, provided that you do not charge any fee (including but not limited to distribution and maintenance fees) and you undertake to oblige any third party to further distribute the stand-alone or combined Product solely in accordance with the terms of this license agreement (including distribution on a free of charge basis only). Any commercial distribution of the stand-alone or combined Product to any third party requires you to obtain a commercial re-selling or OEM license from Cumulocity GmbH.