Software Ag License Agreement

Founded in 1969, Software AG is a company with more than 10,000 corporate customers in more than 70 countries. The company is the second largest software provider in Germany and the seventh largest in Europe. [7] Software AG is traded on the Frankfurt Stock Exchange under the symbol “SOW” and is part of the TecDAX technology index. [8] You agree that: (i) the Software AG website should be considered exclusively in accordance with the applicable laws of the Commonwealth of Pennsylvania; and (ii) the ARIS Community Website is considered a passive website that does not raise any personal jurisdiction for Software AG, neither specific nor general, in jurisdictions other than Pennsylvania. These terms of use are governed by the internal material laws of the Commonwealth of Pennsylvania, regardless of the principles of the law conflict law. Any claim or dispute between you and Software AG resulting from all or part of your use of the ARIS community website will be decided exclusively by a competent court based in Philadelphia, Pennsylvania. These terms of use and all other legal information published by Software AG on the website constitute the full agreement between you and Software AG regarding the ARIS community website. If a provision of these Terms of Use were to be struck down by a competent court, the invalidity of that provision will not affect the validity of the other provisions of these Terms of Use, which remain fully in force. The waiver of a provision of these Terms of Use is considered to be a continuing waiver or waiver of that or any other clause, and Software AG`s failure to assert a right or provision under these Terms of Use does not constitute a waiver of that right or provision.

Software AG reserves the right to amend these Terms of Use at any time and without notice and it is your responsibility to verify any changes made to these Terms of Use. Your use of the ARIS Community website after changing these terms of use means your consent and acceptance of the revised terms. YOU AND SOFTWARE AG AGREE THAT ANY MEANS OF REDRESS ARISING FROM OR LINKED TO THE ARIS COMMUNITY WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE APPEARANCE OF THE REMEDY. OTHERWISE, SUCH A MEANS IS DEFINITIVELY EXCLUDED. Nissan is asking the court to decide that it is not violating its licensing agreements with Software AG and other unspecified damages.