BMC Web Site Terms of Use
ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.BMC.COM (THIS "SITE"). YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE BMC WEB SITE TERMS OF USE ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.
BMC Software, Inc. ("BMC") reserves the right to modify these Terms of Use, in its discretion and without notice, and any modifications are effective when posted in this Site. BMC may, at any time, terminate Your access to this Site. Access to the Site may be monitored by BMC. If You are accessing this Site as a representative of an organization, these Terms of Use bind both You individually and the organization and references to "You" and "Your" shall be construed to apply to You individually and to Your organization.
BMC maintains copyright protection in all materials, information, data, text, software, music, sound, photographs, graphics, video, messages, publications or other materials (collectively, "Site Content") it posts on this Site. BMC grants You permission and consents to the downloading, copying and distribution of the Site Content for non-commercial purposes by You or within your organization only. In consideration of this consent, You agree that (i) the Site Content shall retain all copyright and other proprietary notices and (ii) You agree to not modify the Site Content in any way. Without the prior written consent of BMC, or unless You are expressly permitted to do so by another agreement with BMC, such as BMC's Customer Support Agreement, You may not use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Site Content, in whole or in part and then only to the extent that your use constitutes "fair use" under copyright law as determined by your legal counsel.
As a condition of your use of this Site, You will not use the Site or the Site Content for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Site in any manner that could damage, disable, overload or impair the operation of this Site or its use by third parties.
Certain restricted product information is available on this Site only to licensed customers of BMC who are registered to receive information via passwords issued by BMC. This restricted information is considered confidential and proprietary information of BMC. If You are a registered customer or a representative of a registered customer, You may be authorized by another agreement, such as BMC's Customer Support Agreement, to download, copy, re-distribute, and use the restricted information as authorized by BMC. Issuance of a registration password is conditioned on the customer's use of such restricted information only in accordance with the terms of their license, product or service agreement with BMC. You are responsible for use of your password. You shall not transfer your password to unauthorized parties. You shall immediately notify BMC of any unauthorized use of your password. You will not attempt to gain access to any Site Content or area within this Site that You are not authorized to access.
You agree to the following with regard to Your use of the Site: (a) You will not access the Site under an anonymous or false name, and You will not permit any other person to access the Site under your name or using an anonymous or false name to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) You will not transmit to the Site any content that (i) is libelous, defamatory, obscene, pornographic, threatening, or abusive or harassing to another individual, (ii) violates any law, including without limitation, laws governing copyright infringement and data privacy, (iii) violates or infringes upon the rights of or otherwise harms any third party, (iv) is otherwise offensive to, critical of, or objectionable to BMC, Site participants, or other parties, or (v) the export or re-export of which requires a license or license exception from the U.S. government or other foreign governments having jurisdiction; (c) You will not post or transmit to the Site any content containing any malware or harmful or corrupt code, programming code, or data (including but not limited to "viruses", "worms," and "cancelbots"), or other code that otherwise adversely affects the functioning of the Site or interferes with or disrupts the Site or any other BMC websites, servers, or networks connected to BMC's websites; (d) You will not use the Site for purposes of promotion, solicitation, or advertising; and (e) BMC does not have and expressly disclaims any liability related to the misuse, loss, modification, or unavailability of any content.
Certain information available on this Site is provided by other parties, particularly information about such other parties. You understand that all such information is the sole responsibility of the party who originated it and that BMC has no responsibility for such content and does not guarantee the accuracy, integrity, or quality of such content. In no event is the inclusion of (i) a statement about another party, a reference to such other party or (ii) a web-link to another party's website an endorsement of such other party, their products or their services.
RSS (really simple syndication) content is available on this Site, consisting of feeds of story headlines from various providers of such feeds. Your use of the RSS content is subject to these terms and conditions and also to those of the service that feeds the content ("Service"). You may not modify the content or the links provided by such Service. You must request permission from the Service to use, modify, display, or link to the RSS content in any way. The RSS content is owned by the Service. BMC reserves the right to remove the RSS content at any time.
You may link to the www.bmc.com home page, and to any other page on the Site. BMC reserves the right to withdraw such consent at any time in its discretion. You may not use any of BMC's logos or trademarks (“Marks”), or other distinctive graphics, video, or audio material in Your links. You may not link in any manner reasonably likely to: (i) imply affiliation with, endorsement of, or sponsorship by BMC, without BMC’s written consent; (ii) cause confusion, mistake, or deception; (iii) dilute BMC's Marks or trade names; or (iv) otherwise violate applicable law.
BMC makes no representations or promises to develop, provide, or market any software, service or product discussed on this Site, and You shall not rely on any of the information provided or the prospect of availability of any software, service, or product currently in development or currently anticipated to be made available in the future.
Site Content may refer to products, programs or services that are not available in Your country. Consult Your local BMC representative for information about the products, programs and services that may be available to You.
Any software that is available for download from this Site is the copyrighted property of BMC, and/or its affiliates, licensees, and/or suppliers. Your use of any third-party product or service purchased by You in connection with this Site is governed by the terms of the agreement applicable to such product or service. Any use or reproduction of any such software and warranties as to such software, if any, are governed by (i) the terms of the license agreement applicable to that software, or (ii) if no license agreement applies, then are governed by the warranties under these Terms of Use.
Neither BMC nor any of its affiliates, licensees, and/or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors (collectively, "the Group") shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, data processing failures, telecommunications, Internet problems, utility failures, problems, defects, bad weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of terrorism, cyber-security attacks, acts of war or other like causes beyond the reasonable control of BMC (“Causes”). BMC shall have no responsibility to provide access to this Site while the interruption of this Site due to any Cause continues. BMC may discontinue providing You access to this Site at any time.
This Site and all Site Content is provided "AS IS" and WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF SITE CONTENT, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to You to take anti-virus precautions to ensure that whatever You select for Your use is free of viruses, worms, trojan horses, and other items of a destructive nature.
IN NO EVENT WILL BMC OR ANY OF ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO WWW.BMCBMC.COM. WITHOUT LIMITING THE FOREGOING, NEITHER BMC NOR ANY OF ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM YOUR USE OF THIS SITE OR ANY SITE CONTENT, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify and hold BMC, its affiliates and their officers, directors, and employees, harmless from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with Your access to or use of this Site or any Site Content.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Site or any Site Content provided on or pursuant to this Site except in full compliance with all United States, foreign and other applicable laws and regulations, including, but not limited to, export control laws.
Any information, material, or idea You submit to this Site by any means will be treated as non-confidential and non-proprietary and may be used by the BMC and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services, except that all personal data submitted to this Site will be used by BMC in accordance with BMC’s Privacy policy. See BMC’s Privacy statement relating to the collection and use of information through this Site.
U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE
This is an unpublished work protected by U.S. copyright law. All rights are reserved.
The use, reproduction, or disclosure of any Site Content (including all technical data, which is classified as "Limited Rights Data") or software (classified as "Commercial Computer Software") downloaded from this Site is subject to the limitations set forth in the following: FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52.227-19, DFARS 252.227-7014 (b), or DFARS 227.7202, as may be amended from time to time.
The Contractor/Manufacturer is BMC Software, Inc., located at 2103 City West Blvd., Houston, TX 77042-2827, USA. All contract-related notices should be directed to this address.
If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, You agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court shall fully enforce the resulting Terms of Use.
See BMC's Trademarks Guidelines statement relating to the use of trademarks and trade names appearing on this Site.
BMC is an Equal Opportunity Employer.
Translated Terms of Use
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Revised October 2025