USER LICENSE AGREEMENT FOR THE OpenStatemachine Standard-, Professional- and Enterprise Editions (for commercial / proprietary use) a.k.a. "OpenStatemachine Commercial Binary Runtime License" IMPORTANT! THIS AGREEMENT IS A CONTRACT. OPENSTATEMACHINE.ORG - REPRESENTED SOLELY BY STEPHAN BAUER - (THE "LICENSOR") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS AN INDIVIDUAL, A COMPANY, OR ANY LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS USER LICENSE AGREEMENT ("AGREEMENT"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND THE LICENSOR. BY CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING OR INSTALLING ALL OR ANY PART OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITION OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE, "NO" BUTTON, OR OTHERWISE INDICATE REFUSAL AND DO NOT INSTALL OR MAKE FURTHER USE OF THE SOFTWARE. 0. Definition of the OpenStatemachine Binary Software. The OpenStatemachine Binary Software consists of both compiled program code (Java(TM) class files) and uncompiled, (more or less) human readable text files in different formats (Java property file format, XML, XSD and XSL format). It is explicitly emphasized, that the uncompiled files are covered by the Binary Software package as well as the compiled program code. This means, that the same restrictions apply to both of these categories of files. 1.License. The OpenStatemachine Software (the "Software") - in the form of one of the editions as specified in the beginning of this license and any of the related sub-projects or plug-ins provided by the Licensor is the proprietary property of the Licensor and is protected by the copyright law of Germany and other countries and by international treaty provisions. While the Licensor continues to own the Software, upon Your acceptance of this license, You will have a personal, non-transferable, non-exclusive license to use, in machine-readable, object code format only, the quantity of the Software for which You have paid the applicable license fee. This Agreement governs any releases, revisions, or enhancements to the Software that the Licensor may furnish or make available to You. The limits provided for in this Agreement shall apply to use of the Software or any portion thereof. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS MAY BE SPECIFICALLY AUTHORIZED IN THIS AGREEMENT. 2.Scope of License: "Runtime License" ("RL"). The License as defined in this document is relevant only for Runtime Environments of commercial / proprietary applications. You need to buy one "RL" for each single Runtime Environment into which the OpenStatemachine is physically deployed. Example: If you have a productive cluster and a staging cluster with 2 nodes in each cluster, you need to buy 4 "RL"s of the appropriate type. Runtime Environments on machines of developers (no matter if virtual or physical) do not need a license. 3.Permitted Use. The license granted under this Agreement permits You to do only each of the following, and all other rights are expressly reserved by the Licensor: (a)Use the Software only in the manner described in the Software documentation and only on computers which have the minimum system requirements described in the Software documentation; Especially you must ensure to adhere to the scope of one single license as explained in the section "Scope of License". (b)Install and use the Software only in a manner authorized by the type of license and edition of the Software for which You have paid the applicable license fee to the Licensor, as further described in Section 4; (c)Create copies of the Software in machine-readable form for backup purposes only. (d)Utilize the Software documentation only in conjunction with the use of the Software. 3.Prohibited Acts. Any use of the Software, except as specifically authorized herein, is prohibited. By way of illustration and not of limitation, You may not: (a)transfer, sublicense, network, loan, lend, distribute, rent, modify, translate, disassemble, decompile, reverse engineer, translate the Software (as explained in the Definition section above - this applies to both compiled and uncompiled files of the Software) into another computer language, otherwise reduce the Software to human perceivable form, create derivative works based upon the Software other than as otherwise provided herein, or copy or use the Software and/or the Software documentation in violation of this Agreement, even if the Licensor has overseen / forgotten to add a corresponding copyright remark in one or more of the files. It is explicitly be emphasized, that also the uncompiled files (as defined in section 0.) may not be used for creating derivative works from it. (b)run one or more instances of the Software in a commercial / proprietary environment without having bought the appropriate number of corresponding licenses; (c)Use the Software in any manner not authorized by this Agreement. 4. Preparations and Tests before productive use. You are obliged to write tests for any of your specific applications of the OpenStatemachine in that way, that the tests approve, that any modeled transition behaves and works in such a way as it must be expected according to the documentation. This means, that there must be at least one working test case for each transition in your model (including compound transitions and completion transitions if existing). 5. No Support and Maintenance. This license does not include professional support or maintenance for You from the Licensor. Also, the Licensor is not obligated to provide any upgrades or enhancements under this Agreement, even if this was originally planned and stated on the official Website of the Software. You may purchase from the Licensor maintenance and support pursuant to the terms, conditions, and pricing of the Licensor's support agreement as in effect on the date of Your purchase. Any upgrades, enhancements, or supplements provided to You as part of the support services or otherwise, shall become a part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information You provide to the Licensor as part of the support services, the Licensor may use such information for its business purposes, including for product support and development. The Licensor will not utilize such technical information in a form that personally identifies You. Nevertheless, the Licensor states his willingness to try to offer Maintenance also via the Community Forums and to make his best endeavors to respond in a timely manner, but it must be noted, that this is all on a voluntary basis and that the only way for You to ensure a guaranteed responsiveness is to buy professional support and maintenance. The provision of Bugfix Releases happens solely on the decision of the Licensor. 6. Termination. Subject to earlier termination as dictated by Your license, this Agreement shall terminate immediately and automatically (without notice from the Licensor and without refund) upon Your breach of any term contained herein. Upon termination of this Agreement, You agree to cease use of the Software and to either destroy or delete the Software from any media on which you had a copy (including backups), the Software documentation, and all copies thereof and to certify the foregoing in writing to the Licensor. You may terminate Your rights granted by this Agreement at any time (without refund) in the manner set forth in the immediately preceding sentence. In the event of termination, all provisions of this Agreement will survive except those pertaining to license grant. 7. Disclaimer of Warranties. The Software is provided "AS IS" and "WITH ALL FAULTS" without a warranty of any kind. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY THE LICENSOR, WILL IN NO WAY INCREASE THE SCOPE OF LIABILITY OR CREATE A WARRANTY, NOR MAY YOU RELY UPON ANY SUCH WRITTEN OR ORAL COMMUNICATION. ALL EXPRESS WARRANTIES UNLESS SPECIFICALLY STATED HEREIN AND ALL IMPLIED WARRANTIES ON THE SOFTWARE, MEDIA, AND DOCUMENTATION INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND NON-INTERFERENCE WITH ENJOYMENT OF THE SOFTWARE ARE DISCLAIMED. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE WILL BE ERROR-FREE. 8. Disclaimer of Damages. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOLLOWING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL THE LICENSOR BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, DAMAGES FROM BUSINESS INTERRUPTION, LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE LICENSOR'S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. 9. Amendment. SOME STATES AND COUNTRIES MAY NOT ALLOW THE EXCLUSION OF WARRANTY AS STATED IN section 7. IF THIS IS THE CASE FOR YOU, THEN YOU AGREE TO THE FOLLOWING PROCEDURE: YOU MUST GIVE THE LICENSOR THE CHANCE TO PROVIDE FIXES FOR ANY POTENTIAL BUG THAT YOU THINK YOU MAY HAVE FOUND. THEREFOR, YOU MUST SUBMIT AN "INCIDENT" TO THE LICENSOR (see the eMail-Address of the Licensor on the contact page of the OpenStatemachine Website). THE MINIMUM NUMBER OF RESOLUTION ATTEMPTS THAT YOU MUST GIVE TO THE LICENSOR IS 3 (THREE), BEFORE YOU MAY CONSIDER TO TAKE ANY OTHER STEPS OR MEASURES. THIS INCLUDES YOUR DUTY TO PROVIDE ANY DATA THAT THE LICENSOR REQUIRES FROM YOU TO BE ABLE TO REPRODUCE YOUR PROBLEM FOR EACH OF THESE ATTEMPTS. IN CASE YOU INTEND TO SUBMIT SUCH AN INCIDENT, YOU MUST ALSO APPROVE THAT YOU ADHERED TO SECTION 4 "Preparations and Tests before productive use". AS LONG AS YOU HAVE NOT PROVIDED ALL OF THE REQUIRED DATA AND THE APPROVAL ACCORDING TO SECTION 4, THE LICENSOR IS NOT OBLIGED TO TAKE CARE OF YOUR PROBLEM AND IT DOES NOT COUNT AS A VALID SUBMISSION OF AN INCIDENT. IF THE LICENSOR FINDS OUT, THAT YOUR INCIDENT IS NOT A BUG IN FACT (A "NON-INCIDENT"), BUT FOR EXAMPLE (BUT NOT LIMITED TO) SOMETHING LIKE A KNOWN LIMITATION OF THE SOFTWARE ACCORDING TO THE DOCUMENTATION OR A MISUSE FROM YOUR SIDE, THE CASE DOES ALSO NOT COUNT AS A VALID SUBMISSION OF AN INCIDENT. AS SOON AS YOU HAVE SUBMITTED THREE OF SUCH NON-INCIDENTS, THE LICENSOR CAN (FOR THE SAKE OF PROTECTION OF HIS OWN RESOURCES) CHOOSE TO EITHER CANCEL THE CONTRACT WITH YOU (without refund) OR TO OFFER A PROFESSIONAL SUPPORT CONTRACT. IN THE LATTER CASE AND IF YOU DO NOT AGREE ON SUCH A PROFESSIONAL SUPPORT CONTRACT, THE LICENSOR CAN AGAIN CHOOSE TO CANCEL THE CONTRACT WITH YOU (without refund). The disclaimers and limitations set forth above will apply to the maximum extend permitted by applicable law regardless of whether You accept the Software. Nevertheless, You agree, that Your acceptance of the Software happens implicitly after 3 (THREE) months after your purchase date, if you have not submitted an incident in the meantime. Please note, that asking questions or discussing problems in a Community Forum does not represent the submission of an incident. If you are not sure if your problem is a bug or something like a known limitation (as stated above), then you are strongly encouraged to submit your problem to the corresponding Community Forum before considering to submit it as an incident to the Licensor. 10. Governing Law. These Terms are governed by the laws of Germany. Court of jurisdiction is Straubing. 11. General. These Terms constitute the entire agreement between You and the Owner regarding their subject matter, and supersede any prior versions . No modification to the Terms will be binding, unless authorized by the Owner in writing. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms. May 2009