EXASolo/Community Edition/Free Small Business Edition
License Agreement
From this point forward, "free single node edition" refers to the software titles at the top of this license agreement.
We are willing to license the free single node edition to you only upon the condition that you accept all of the
terms contained in this Agreement.
Read the terms carefully and select the "Accept" button at the bottom of the page to confirm your
acceptance. If you are not willing to be bound by these terms, select the "Do Not Accept" button and the
download process will not continue. By accepting this agreement through clicking “Accept” you agree to
the following terms:
Licensee may use the free single node edition (software and documentation) only in accordance with this license
agreement ("Agreement"). Use of the free single node edition is expressly conditioned on licensee's agreement to
the terms and conditions set forth herein. The free single node edition may contain third-party software and the
use of the free single node edition is therefore further conditioned on licensee's agreement to such third-party
terms and conditions as are set forth in the software administration frontend (EXAoperation). By beginning the use
of the free single node edition the user represents that he is duly authorized to legally bind licensee to the terms of
this Agreement and to the terms for use of the third-party.
1.
Definitions
The following definitions shall apply: "EXASolo”, “Community Edition”, “Free Small Business Edition" are the restricted, single node versions of the EXASOL Relational Database Management System
as a virtual machine image or installable ISO image consisting of Software and Documentation; "Software" means all proprietary and/or open source software which may be part of the Product and may
change from time to time; "EXASOL software" means EXASolo, Community Edition, Free Small Business Edition and other related proprietary software, e.g. drivers, client software, and any patch, update,
upgrade, modification or other enhancement to the EXASOL software; "License" means the authorized
use of EXASolo, Community Edition or Free Small Business Edition in accordance with the terms and
conditions stipulated in this Agreement; "Licensee" means the person or company that has accepted the
terms and conditions set forth in this Agreement and subsequently acquired a License from EXASOL by
download; "Documentation" means the documentation (in electronic form in English language) that describes how to use EXASolo, Community Edition or Free Small Business Edition and is provided by EXASOL for use with the Software; "EXASOL" means EXASOL Europa Vertriebs GmbH, a German corporation.
2.
License Terms
2.1 Subject to Licensee’s compliance with the terms and conditions in this Agreement, EXASOL grants to
Licensee a royalty-free, non-exclusive, non-transferable, not sub licensable license to use the Software.
The License is limited to the RAM-usage of 200 GB.
2.2 The Software shall not be sold, rented, subleased or otherwise distributed in tangible or intangible form.
The use by and for third parties (e.g., by outsourcing, application service providing) is not permitted.
2.3 Without EXASOL´s consent, the Partner is not permitted to change, edit or copy the provided Software to
an extent that is not in accordance with its designated use, Sec. 69d German Copyright Act. A decompilation is only permitted in accordance with the provisions of Sec. 69e of the German Copyright Act.
2.4 Title to the Software and Documentation, and copyrights and all other property rights applicable thereto,
shall at all times remain solely and exclusively with EXASOL and, in the case of third party software, with
its respective owners and Licensee shall not take any action inconsistent with such title. The Software
and Documentation are protected by copyright laws and international treaties.
3.
Confidentiality and Data Protection
3.1 The Licensee hereby agrees to treat all information, including but not limited to Software, Documentation,
etc. as confidential, of which Licensee became aware or received from EXASOL prior to the conclusion
of or during the term of the Agreement which are protected by law, or which evidently contain business or
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company secrets or are marked as confidential, notwithstanding the expiration of the contract, unless
such information is publicly known in the absence of a breach of this confidentiality obligation (“Confidential Information”). Licensee hereby agrees
to store and secure all Confidential Information in a manner so as to prevent any misuse by third parties
or the Licensee themselves.
3.2 Licensee will make Confidential Information available only to those employees who require access to
them in the performance of their job-related duties (“need to know”). Licensee shall instruct these persons regarding the confidentiality of the objects and documents in question and have written agreements
in place which ensure the observance of this confidentiality obligation. Access to third parties shall not be
permitted except with the express written consent of EXASOL.
3.3 Licensee may not disclose any benchmarking or results of evaluating the Product without EXASOL’s prior
written consent.
4.
Restriction of Liability / No Warranty
4.1 EXASOL shall not be liable irrespective of the legal grounds except as expressly set forth as follows:
EXASOL shall be liable without limitations (i) in case of intent and gross negligence, (ii) in case of injuries
to life, body and health, (iii) pursuant to the terms of German Product Liability Act, or (iv) under a guarantee granted by EXASOL.
4.2 Notwithstanding the above EXASOL disclaims all warranties express, statutory or implied, including with
out limitation the implied warranties or conditions of merchantability and fitness for a particular purpose or
the statutory warranties in case of defects as to quality (Sachmangel) or of defects of title (Rechtsmangel). EXASOLfurther disclaims any warranty that (a) the Software will meet Licensee’s requirements or
will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Software will be effective, accurate, or reliable; (c) the quality of the Software
will meet Licensee’s expectations; or that (d) any errors or defects in the Software will be corrected.
5.
Export Regulations; U.S. Government Restrictions
Licensee acknowledges that the Software may be subject to United States export laws, statutes and regulations and to export laws, statutes and regulations of other countries, and that Licensee will at all times comply
with the provisions of such laws, statutes and regulations including any necessary or required licenses. Licensee shall not export or re-export or otherwise transmit, directly or indirectly, the Software or any direct
products thereof into, or use the Software or any products thereof in, any country prohibited or restricted under United States export laws, statutes or regulations or any other applicable laws.
6.
Miscellaneous
6.1 Licensee shall not assign, sub-license or transfer any rights granted hereunder to any third party without
EXASOL’s prior written consent.
6.2 Any modification or deletion of the provisions of this Agreement, including modifications to or a waiver of
This written form requirement, shall not be enforceable unless such modification or deletion is expressly
agreed in writing and signed by both parties.
6.3 This Agreement shall be governed by the laws of Germany without regard to the UN Convention on the
International Sale of Goods (CISG). The court of Nuremberg, Germany, shall have exclusive jurisdiction
over any dispute arising out or in connection with this Agreement. International Private Law shall not apply to matters of jurisdiction.
6.4 Should individual terms of this Agreement be or become invalid or unenforceable or in case this Agreement contains omissions, this shall not affect the validity of the remaining terms. Instead of the invalid,
unenforceable or missing terms, such valid and enforceable term shall be deemed to have been agreed
upon between the parties which the parties would reasonably have agreed upon by taking into account
the economic purpose of this Agreement had they been aware at the conclusion of this Agreement that
the relevant term was invalid, unenforceable or missing.
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