Here’s the Key Summary
- You are obtaining a license to utilize the process application which means one or more applications used to track items through workflow processes, and can include one or more orchestrations that provide the logic for the invocation of Web services (“Plugins”).
- You can’t give away or resell the Process Application.
- Use of the Process Application is limited to the number of SBM licenses you purchased from Serena.
- The Process Application is provided without any guarantee that it will work in your environment.
- We don’t provide technical support for the Process Application.
The full details of the End User License Agreement follow, and you should read them.
READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. BY DOWNLOADING, OR OTHERWISE INSTALLING OR USING THE PROCESS APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE PROCESS APPLICATION.
We grant You a perpetual, non-exclusive, non-transferable license to use and modify the Process Application within the Territory, in accordance with any applicable User Documentation, up to the Licensed Capacity, subject to this Agreement.We grant You a license to perform and deploy the Process Application solely as incorporated within Our software product known as Serena Business Manager, and solely for Your internal business operations. You may not sell, rent, lease, or otherwise distribute or disclose the Process Application or any modification to any third party. To the extent that You modify the Process Application or create a derivative work of it, We grant You a non-exclusive, non-transferable license to use such modification or derivative work at no additional charge, subject to such limitations in this Agreement. You may not permit any third party to use or access the Process Application and/or User Documentation. We have no obligation to provide You maintenance or support on the Process Application. Software provided by third party vendors ("Third Party Software") may be embedded in or delivered with the Process Application. The terms of this Agreement and any other terms that We may specify will apply to such Third Party Software. You may only use the Third Party Software with the Process Application, and You may not use the Third Party Software on a stand-alone basis or use or integrate it with any other software or device.
We retain all right, title and interest in and to the Process Application and User Documentation and all copies, improvements, enhancements, modifications, and derivative works thereto. You will not disassemble, decompile, or reverse engineer the Process Application. Except as otherwise provided, We do not grant You any express or implied rights under this license to any of Our patents, copyrights, trade secrets, trademarks or other intellectual property rights.
- “Licensed Capacity” means the number of Serena Business Manager (“SBM”) Named User and/or Seat licenses you have purchased from Serena.
- "Process Application" means one or more applications used to track items through workflow processes, and can include one or more orchestrations that provide the logic for the invocation of Web services, in object code form.
- "Territory" means the country of Your principal place of business.
- "User Documentation" means any user guides, installation guides, and documentation that may be provided with the Process Application and/or available on Our website.
- "We," "Our," and "Us" means Serena Software, Inc.
- "You" and "Your" means the individual or company who is licensed to use the Process Application in accordance with the terms and conditions of this Agreement.
THE PROCESS APPLICATION IS PROVIDED "AS IS." WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR (B) LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR SIMILAR DAMAGES OR LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS LIMITED BY APPLICABLE LAW, AND REGARDLESS OF THE BASIS FOR YOUR CLAIM, OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE TEN DOLLARS ($10). THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Upon any termination, You shall immediately discontinue use of the Process Application and uninstall and destroy all copies of the Process Application. We may discontinue offering the Process Application at any time.
This Agreement constitutes the entire agreement between Us and You relating to the Process Application and may not be modified unless in a writing signed by both You and Us. If any provision of this Agreement is held to be illegal or otherwise unenforceable by a court, that provision will be severed and the remainder of the Agreement will remain in full force and effect. The waiver of any right or election of any remedy in one instance will not affect any rights or remedies in another instance. The Process Application and User Documentation are subject to United States export controls under the U. S. Export Administration Act, including the Export Administration Regulations, 15 C.F.R. Parts 730 et seq. (collectively, "Export Control Laws"). You agree to comply with all Export Control Laws. The Process Application and User Documentation are deemed to be "commercial computer software" and "commercial computer software documentation" as defined in FAR Section 12.212 and DFARS Section 227.7202, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Process Application and User Documentation by the U.S. government will be solely in accordance with the terms of this Agreement. This Agreement will be governed by the laws of California, U.S.A. Any suits related to this Agreement shall be brought in the federal courts for the Northern District of California or the state courts in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, as adopted or amended from time to time, do not apply to this Agreement or the Process Application.I Agree & Download
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