BeeGFS LICENSE AGREEMENT
As of February, 2026 

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY USING THE SOFTWARE BEEGFS YOU ACCEPT ALL TERMS OF
THE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, OR
USE THE SOFTWARE.


1. DEFINITIONS

     BEEGFS              All Versions of BEEGFS in source code and object code form including all
                         executable programs and the DOCUMENTATION
 
     BEEGFS COMMUNITY    Version of BEEGFS designated by LICENSOR as BEEGFS COMMUNITY (also called
                         "Community Edition"), including only the features, functionality, and scope
                         of permitted use as per Section 3
 
     BEEGFS ENTERPRISE   Version of BEEGFS designated by Licensor as BEEGFS ENTERPRISE (also called
                         "Enterprise Edition"), including the features and functionality as per
                         Section 3.4 and made available by LICENSOR under a separate commercial
                         license agreement
 
     DOCUMENTATION       The BEEGFS user's guide, e-mails and other explanatory materials
                         accompanying BEEGFS in printed or electronic form.
 
     LICENSOR            ThinkParQ GmbH, Trippstadter Strasse 113, 67663 Kaiserslautern, Germany.
 
     LICENSEE            The user of BEEGFS under this License Agreement.


2. OWNERSHIP / INTELLECTUAL PROPERTY RIGHTS

2.1. LICENSEE acknowledges that all exploitation rights related to BEEGFS, including patents,
     copyright, company or trade secrets remain with the LICENSOR unless they are granted to the
     LICENSEE in this agreement.

2.2. LICENSEE promises to keep and not to modify the copyright notices of the LICENSOR in BEEGFS.


3. SCOPE OF LICENSE AND PERMITTED USE OF BEEGFS COMMUNITY

3.1. Provided LICENSEE accepts all terms of this License Agreement, LICENSEE is granted a
     non-exclusive, non-assignable, free of charge right to use BEEGFS COMMUNITY to optimize high
     performance storage systems for internal use and own business purposes only. For clarification:
     own business purposes do not include use for or by LICENSEE's clients or for leasing of BEEGFS.
     LICENSEE may use BEEGFS COMMUNITY for an unrestricted number of users within its legal entity. 

3.2. Without prior written consent of LICENSOR, LICENSEE may modify the source code, compile it and
     use the modified version of BEEGFS within the scope of Section 3.1, always provided that any
     deployment or disclosure of modified versions of BEEGFS are clearly identified as modified
     copies that differ from the original version.

3.3. Without concluding a separate license agreement for BEEGFS ENTERPRISE with LICENSOR, LICENSEE
     may not:

     3.3.1 Use, copy, modify, particularly translate or distribute BEEGFS except as provided for
           under sections 3.1 and 3.2;

     3.3.2 Provide software maintenance for third parties that comprise any editing or altering of
           BEEGFS; and

     3.3.3 rent or lease BEEGFS to any third party.

3.4. The following optional functionalities and features of BEEGFS are not part of BEEGFS COMMUNITY,
     they are included in BEEGFS ENTERPRISE:

     3.4.1 Unlimited capacity:
           Use of BeeGFS with an aggregate storage capacity exceeding one (1) petabyte. 

     3.4.2 Unlimited BeeOND deployments:
           Use of more than five (5) compute nodes contributing storage to BeeOND deployments.

     3.4.3 Resiliency: 
           (a) Mirroring; (b) High Availability.

     3.4.4 User management/access: 
           (a) Quota; (b) Integration of Elements BLINK BeeGFS-native Windows or macOS client;
           (c) NFSv4-Style Access Control Lists (ACLs).

     3.4.5 Data management: 
           (a) Storage Pool; (b) Remote Storage Targets (RST); (c) Copy; (d) Watch; (e) Index;
           (f) Balance.

3.5. All features and functionalities as per Section 3.4 are comprised in BEEGFS COMMUNITY, but are
     disabled by default. LICENSEE may enable these features and thus use BEEGFS ENTERPRISE during a
     trial period as follows:

     3.5.1 LICENSEE may enable and use the BEEGFS ENTERPRISE for a trial period of 60 (sixty) days
           solely for the purpose of testing the capabilities and fitness for use of BEEGFS
           ENTERPRISE.

     3.5.2 If the trial period (section 3.5.1) expires and LICENSEE wishes to continue to use BEEGFS
           ENTERPRISE, LICENSEE must conclude a separate license agreement for BEEGFS ENTERPRISE.

     3.5.3 Anyhow, LICENSEE shall not manipulate, in particular modify, move, remove, suppress,
           switch off or circumvent license keys and technical license protection mechanisms of
           BEEGFS, e.g.  directly, or through the use of intermediaries, white-labelling, or
           segmentation of services designed to avoid licensing obligations.


4. LIMITED WARRANTY AND LIABILITY

     Due to the fact that the use of BEEGFS COMMUNITY is free of charge, claims against LICENSOR
     based on material defects or defects of title are excluded, unless LICENSOR has fraudulently
     concealed them or in cases of intent.


5. MISCELLANEOUS

5.1. This Agreement is construed under the Law of the Federal Republic of Germany. Therefore, any
     and all controversies resulting out of this Agreement shall be resolved under the Law of the
     Federal Republic of Germany excluding the German International Private Law Rules. The
     application of the UN-Convention of the International Sales of Goods (CISG) is explicitly
     excluded. 

5.2. Exclusive venue of jurisdiction for both parties shall be Kaiserslautern, Germany.

5.3. In case that one or several of the terms of this Agreement should be or become invalid or
     unenforceable, the validity of the other terms shall remain unaffected. In such a case, the
     parties shall replace the invalid or unenforceable condition by another legally effective
     provision meeting the purpose of the abolished provision to the greatest extent. The same
     applies in case of a gap of regulation.