By using the artificial intelligence functionality in FME software (“AI Features”), you acknowledge that you have read, understood and agree to the following:

1. Use of AI Features is at your risk and discretion.
2. AI Features use third-party AI services, Azure OpenAI and OpenAI. Safe Software does not warrant, endorse, or assume liability for (a) the functionality of third-party AI services; or (b) the availability, reliability, or accuracy of the output or response returned by the AI Feature (“Output”). You are solely responsible for evaluating the accuracy of any Output.
3. AI Features are provided to enhance your productivity when using FME Software. You may not use AI Features to generate Output intended to inflict harm on individuals or society or that otherwise violates the usage policies of Azure OpenAI or OpenAI.
4. By using AI Features, you agree that Safe Software may collect input, usage, feedback, Output, and modified Output data and use such data for internal research and development, including internal training of AI models. You retain all other intellectual property rights to the Output.
5. Do not submit any personal information as part of your input or prompt or in any feedback comments when using AI Features.
6. In addition to the feedback mechanism embedded in AI Features, you may provide any additional feedback regarding AI Features by submitting a support case to Safe Software.
7. Safe Software retains the right to modify, suspend, or discontinue AI Features at any time at its sole discretion.

Last Updated: August 22, 2023

Making our software, support, and website accessible to all is an important initiative to ensure that we are being inclusive of all people, no matter their abilities. Safe Software is committed to continually improving the accessibility of our technologies and empowering users to make informed choices.

For our websites, Safe Software follows design practices that correspond to the Web Content Accessibility Guidelines (WCAG) 2.1. It is our goal to meet Level AA standards across our sites.

For our FME software and related documentation, Safe Software has assessed our products against the WCAG 2.0 Level A and AA requirements, the Revised Section 508 Standards, and the Corrections to the ICT Final Rule. We maintain Software Accessibility Conformance Reports (also called VPATs) for FME Form and FME Flow products which are updated at each major release. VPATs are available upon request by emailing accessibility@safe.com.

If you would like to report an accessibility problem or concern please contact accessibility@safe.com.

Safe Software is dedicated to providing an engaging, professional, and rewarding experience for all users, attendees, sponsors, staff, and other participants of our FME Community and our events, whether held in person or virtually. All our forums and events, including conferences, summits, training sessions, user meetings, and related social events, are intended for professional collaboration and an open sharing of ideas. This requires an environment that is diverse, inclusive, safe, and free from discrimination and harassment in any form.

All individuals who participate (or plan to participate) in Safe Software’s FME Community or other events must abide by this Code.

Expectations

1. Be kind, professional, respectful, and collaborative.
2. Review our guidelines for contributing respectfully in our FME Community.
3. Refrain from demeaning, discriminatory, sexually charged, intimidating, or harassing behavior and speech. This includes statements made in social media postings, online forums, text messages, and all other forms of electronic communication.
4. See Something, Say Something – if you experience or observe any behavior that does not meet the standard of this Code, then let us know immediately by emailing support@safe.com for FME Community issues, train@safe.com for training events, and events@safe.com for all other events.

Unacceptable Behavior

1. Discrimination and harassment will not be tolerated in any form, whether in person or vitually. This includes, but is not limited to, discrimination or harassment based on race, colour, ancestry, place of origin, political belief, age, religion, sex, gender identity and expression, sexual orientation, maritial status, family status, physical or mental disability, physical appearance or any other status protected by laws in which the event is being held.
2. Inappropriate behavior comes in many forms and may include jokes, slurs, derogatory statements, foul or obscene language, offensive clothing, nudity, leering, stalking, staring, gestures, pictures or drawings, violating personal space, harassing photography or recordings, unwelcome sexual advances, unwanted or offensive letters or poems, offensive email or voicemail messages, or social media postings.
3. Discrimination and harassment do not have to be intentional to be a violation of this Code. Any conduct that is humiliating or intimidating to the recipient may constitute harassment. Put yourself in the other person’s shoes and carefully avoid comments or actions that have the potential to be misinterpreted.

Consequences of Unacceptable Behavior

If a participant engages in any behavior that violates this Code, whether in person or virtually, then Safe Software’s forum and event organizers may take any action they deem reasonable in the circumstances. Consequences may include: removing posted content, warnings issued to the offending individual, expulsion from all or part of an event without any refund or other compensation, contacting local authorities, and/or exclusion from some or all future Safe Software forums, events, training, or other activities.

Contact Information

For any general questions about this Code, please contact legal@safe.com.

For any other concerns relating to Safe’s business practices or general legal compliance, please contact legal@safe.com.  We will treat all concerns in a confidential manner.

This Code of Conduct may be revised at any time and is without prejudice to Safe Software’s rights, all of which it expressly reserves.

Last Updated: August 22, 2024

By applying for FME Certification, you agree to the following terms and conditions:

1. You have reviewed the certification page on Safe.com prior to applying for an FME certification.
2. All personal and other information you supply to Safe Software Inc. (“Safe”) for the purpose of FME Certification is complete and accurate.
3. Safe will endeavor to keep all exam questions current, but makes no guarantee as to the accuracy of exam questions.
4. All exam questions are confidential and may not be copied, shared, or otherwise distributed to third parties. However, Safe may make sample exam questions available from time to time and these sample questions are not considered confidential.
5. If the certification process requires you to submit sample projects, training demonstrations, or other written or visual materials (collectively, your “Materials”), then all intellectual property rights in your Materials will remain with you and your licensors. You warrant that your Materials are your original work and any third party contributions are expressly acknowledged and properly licensed. Your Materials are not considered confidential information unless a separate Confidentiality Agreement is signed by the parties.
6. Safe will review your application in a timely fashion. Safe assumes no responsibility for lost applications or failure of any electronic communications.
7. Safe may accept or reject any application to the FME Certification Program in its sole discretion. Further, once awarded, FME Certification may be revoked in Safe’s sole discretion.

Your use of the FME Flow Hosted online services (the “Online Services”) provided by Safe Software Inc. (“Safe Software”) is subject to: (i) these Terms of Use; (ii) any Data Processing Addendum signed by you and returned to legal@safe.com; (iii) any other terms which accompany a specific offering of the Online Services; and (iv) any restrictions on use described in the order form when you request a free trial or purchase the Online Services (collectively, the “Terms”). By clicking “Accept” or otherwise accessing or using the Online Services, you agree that these Terms are enforceable like any written agreement signed by you and are legally binding between you and Safe Software. If you do not agree with any of the Terms, do not use the Online Services. If you are using the Online Services on behalf of a business or other entity, then you agree that you are authorized to accept these Terms on behalf of such entity.

1. Using the Online Services

Online Services include any online platform, software, documentation or service available at safe.com/fme/fme-cloud, or any successor URLs controlled by Safe Software or its affiliates, as well as any related technical support. You may access and use the Online Services only in compliance with the Terms. You may access the Online Services using the interface(s) provided and in compliance with applicable laws, including data privacy laws and regulations. Safe Software reserves the right to immediately suspend or stop providing Online Services to you if Safe Software, acting reasonably, believes you failed to comply with these Terms.

You agree not to knowingly: (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Online Services or take any action which could damage, disable, overburden, or impair the Online Services infrastructure or Safe Software’s network system; (b) post or transmit to the Online Services any content in violation of another party’s intellectual property rights or any content that is unlawful, fraudulent, harassing, libelous, or obscene; (c) post or transmit to the Online Services any information that contains a virus, bug, or other harmful item; (d) copy, distribute, prepare derivative works, reverse engineer, or use the Online Services other than as permitted herein; (e) attempt to gain unauthorized access to any software, other accounts, computer systems, or networks connected to any Online Services infrastructure through hacking, password mining, or any other means; (f) take any action which may interfere with any other party’s use and enjoyment of the Online Services; or (g) obtain or attempt to obtain any materials, services, or information through any means not intentionally made available through the Online Services.

Safe Software will use reasonable commercial efforts to make the Online Services available except for: (i) planned downtime for which we will provide you with at least eight hours advance notice; or (ii) unanticipated or unscheduled downtime of all or part of the Online Services, including system failure or other events beyond the reasonable control of Safe Software. You acknowledge that certain components of the Online Services are provided by third party service providers, including but not limited to Amazon.com Inc., and are beyond the reasonable control of Safe Software.

The Online Services allow you to launch an “Instance”. An Instance is a self-contained, virtual server machine with FME Flow software installed. Safe Software has no ability to access your Instance through the FME Flow web interface or APIs. As such, it is your responsibility to monitor and maintain the FME Flow software within your Instance. See the “FME Flow Hosted Shared Responsibility Model” section in the FME Flow Hosted Support Policy for more information.

You will be enrolled in the Included support plan as part of the Online Services unless you upgrade to a Managed support plan. Details of the available support plans are located here.

2. Your Account

To access the Online Services you will be required to register for an account. You agree to provide accurate and complete registration information. It is your responsibility to inform Safe Software of any changes to your registration information or to change such information by signing into your account. You are responsible for all activities that occur under your account. Safe Software is not responsible for unauthorized access to your account. You agree to keep your password confidential. If you suspect your password may be compromised, you must immediately change your password and send notice to Safe Software.

If you have contracted with one of Safe Software’s MSP Partners to provide a Managed support plan or other services related to your use of the Online Services, then you expressly agree that such MSP Partner is considered an authorized user of your account.

3. Your Content

The Online Services may allow you to transmit, use, modify and publish your workspaces, data, and other content (collectively, “Your Content”). You retain ownership of any intellectual property rights that you hold in Your Content. You consent to Safe Software’s use of Your Content for the limited purpose of providing and operating the Online Services. Safe Software is not restricted from independently developing workspaces and other components that have similar functionality to Your Content.

Safe Software will ensure there are reasonable and appropriate measures to help you secure Your Content. You may designate the geographic location for your Instance and Your Content based on several available AWS locations including the EU, Canada, United States, and Australia. However, you acknowledge that the Internet is a network of computers worldwide, and that any information submitted to the Online Services necessarily is routed via third party computers, and that Safe Software is not responsible for lapses in online security and does not assume liability for improper use of Your Content by a third party.

4. Your Value-Added Applications

You may use the Online Services as part of your Value-Added Application or Service (“VAAS”). You are responsible for any fees accrued through the use of your VAAS. You are solely responsible for branding, licensing, maintaining and supporting your VAAS. Your VAAS must add some functionality to the Online Services and you may not resell, remarket, rent, lease, or rebrand the Online Services, or the included FME Flow software, as a stand-alone application or service.

You may use the tagline “Powered by FME®” in any marketing materials, websites or other documentation relating to your VAAS.

5. Trademarks & Copyright

“FME” is the registered trademark of Safe Software and the FME and Safe Software logos are the trademarks and/or service marks of Safe Software. All other brand names, product names, or trademarks belong to their respective holders.

All intellectual property rights in the Online Services are owned by Safe Software, or its licensors, and do not in any way transfer to you by virtue of your access to the Online Services. These Terms do not grant you any rights to use the trademarks, logos, or other brand features of Safe Software or its licensors other than as expressly stated herein. You agree not to obscure, remove, alter, or tamper with any legal notices displayed in conjunction with the Online Services.

6. Software for the Online Services

Software that is made available for use through the Online Services is the copyrighted work of Safe Software or third party licensees. Safe Software gives you a personal, worldwide, non-assignable, and non-exclusive license to use such software only as part of the Online Services. You may not copy, modify, distribute, sell, or lease any part of the included software separately from the Online Services, nor may you reverse engineer or attempt to extract the source code of that software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF INCLUDED SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Some of the software included in the Online Services may be offered under an open source license. Such open source license terms work in conjunction with these Terms. However, if there is a conflict between these Terms and the open source license terms, the open source license terms will prevail.

7. Third Party Content

If you use the Online Services in conjunction with content or applications provided by third parties, then you agree to comply with any terms and conditions provided by such third parties. You may not use the Online Services in conjunction with any third party content licensed in any manner that could cause, or be interpreted or asserted to cause, the Online Services to become subject to any copyleft provisions. Your use of any third party content is at your sole risk.

8. Fees & Payment

All fees will accrue based on your usage of the Online Services using Safe Software’s then current pricing as specified on the pricing page. Safe Software, via an online payment provider, will automatically bill your credit card based on your accrued fees each month. If you purchase an annual subscription, then you will be billed upfront for the subscription amount and any additional accrued fees will be billed to your credit card monthly. For additional payment options for subscriptions, please contact sales@safe.com. There are no refunds for accrued usage fees.

If we are unable to bill your credit card directly and your payment is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), Safe Software reserves the right to suspend your access to the Online Services without liability to you until such overdue amounts are paid in full.

9. Modification & Termination

Safe Software reserves the right to modify the Online Services at any time and in its sole discretion. Functionality and offerings may be added, removed or eliminated. Usage limits may be added or revised at any time with advance notice to you. Usage limits will not be changed during an active Subscription term.

Either party may terminate your use of the Online Services on thirty (30) days written notice to the other party. Safe Software may terminate your use of the Online Services immediately and without notice if Safe Software believes that you are in violation of these Terms including, but not limited to, non-payment of fees. You remain liable for any fees accrued up to the date of termination and for any obligations (such as indemnity obligations) which by their nature are intended to survive termination. Safe Software will not refund any pre-paid or subscription fees unless termination is due to Safe Software’s breach of these Terms.

The Terms may be modified at any time in Safe Software’s sole discretion. All modified Terms will be posted at safe.com/legal/fme-cloud-terms-of-use. It is your responsibility to review the Terms regularly for updates. Your continued use of the Online Services shall be deemed to constitute your acceptance of any revised Terms.

10. Warranty, Disclaimer & Limitations on Liability

SAFE SOFTWARE WARRANTS THAT THE ONLINE SERVICES AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. TO THE EXTENT PERMITTED BY LAW, SAFE SOFTWARE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, THAT THE ONLINE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, SAFE SOFTWARE ASSUMES NO LIABILITY FOR ANY DATA TRANSLATED BY THE ONLINE SERVICES, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE ONLINE SERVICES.

EXCEPT FOR DAMAGES ARISING FROM FRAUD OR WILFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT, REVENUE, DATA OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ONLINE SERVICES, WHETHER OR NOT SUCH LOSS OR DAMAGE IS REASONABLY FORESEEABLE. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, SAFE SOFTWARE’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE ONLINE SERVICES IS LIMITED TO THE FEES PAID BY YOU FOR THE ONLINE SERVICES DURING THE PREVIOUS 12 MONTHS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

11. Indemnity

Safe Software will defend and indemnify you from any action brought against you, to the extent that it is based on a claim that the Online Services infringe a copyright, patent, trademark, or other intellectual property right of any third party, provided that Safe Software is promptly notified in writing of the claim and you provide Safe Software with reasonable assistance, information, and authority necessary to negotiate and settle the claim.

You agree to indemnify and hold Safe Software and its affiliates, officers, agents, and employees harmless from any demands, loss, liability, claims, proceedings, or expenses (including attorney’s fees) made against Safe Software arising from your use of the Online Services, your VAAS, or your violation of these Terms.

12. Right to Regulate & Monitor

You acknowledge that Safe Software has the right, but not the obligation, to monitor the Online Services and to use and disclose any information necessary to operate the Online Services and to comply with legal obligations or government requirements.

Safe Software may collect usage statistics. The information collection process is anonymous and Safe Software does not collect personally identifiable information. Usage statistics will be used to identify trends and usage patterns which will help focus development efforts for future versions of the Online Services and improve our documentation.

13. Governing Law

The Terms shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada. You hereby irrevocably submit to the jurisdiction of the courts of British Columbia.

14. Severability & Waivers

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the Terms shall continue in full force and effect. No failure or delay by Safe Software in enforcing any provision of these Terms shall be a waiver of Safe Software’s rights to enforce these Terms.

Effective as of: July 1, 2021

Your use of the FME Hub marketplace provided by Safe Software Inc. (“Safe Software”) is subject to these Terms of Use (the “Terms”). By clicking “Accept” or otherwise using the FME Hub, you agree that these Terms are enforceable like any written agreement signed by you and are legally binding between you and Safe Software. If you do not agree with any of the Terms, do not use the FME Hub. If you are using the FME Hub on behalf of a business or other entity, then you agree that you are authorized to accept these Terms on behalf of such entity.

1. Contributing to the FME Hub

The FME Hub may allow you to publish and distribute your templates, custom transformers, custom formats and other applications (collectively, “Your Content”). You may access the FME Hub using the interface(s) provided and in compliance with these Terms and applicable laws. Safe Software reserves the right to immediately suspend your access to the FME Hub and/or remove Your Content if Safe Software believes you failed to comply with the Terms.

By uploading Your Content, you give Safe Software a non-exclusive, transferable, royalty-free, worldwide license to use, modify, sub-license and distribute Your Content. You retain ownership of all other intellectual property rights that you hold in Your Content. Safe Software is not restricted from independently developing workspaces, packages, and other components that have similar functionality to Your Content.

You agree not to knowingly: (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the FME Hub or take any action which could damage, disable, overburden or impair the FME Hub infrastructure or Safe Software’s network system; (b) post or transmit to the FME Hub any content in violation of another party’s intellectual property rights or any content that is unlawful, fraudulent, harassing, libelous, or obscene; (c) post or transmit to the FME Hub any content that contains a virus, bug, security vulnerability, trojan, ransomware, or other harmful item; (d) attempt to gain unauthorized access to any software, other accounts, computer systems or networks connected to any FME Hub infrastructure through hacking, password mining or any other means; (e) take any action which may interfere with any other party’s use and enjoyment of the FME Hub; or (f) obtain or attempt to obtain any materials, services or information through any means not intentionally made available through the FME Hub.

Safe Software will use reasonable commercial efforts to make the FME Hub available except for: (i) planned downtime for which we have provided advance notice; or (ii) unanticipated or unscheduled downtime of all or part of the FME Hub, including system failure or other events beyond the reasonable control of Safe Software. You acknowledge that some infrastructure for the FME Hub is provided by third party service providers, including but not limited to Amazon.com Inc., and are beyond the reasonable control of Safe Software. Safe Software is not responsible for lapses in online security and Safe Software does not assume liability for improper use of Your Content by a third party.

2. Your Account

To access the FME Hub you will be required to register for an account and agree to the Website Terms of Use. You agree to provide accurate and complete registration information. It is your responsibility to inform Safe Software of any changes to your registration information or to change such information by signing into your account. You are responsible for all activities that occur under your account. Safe Software is not responsible for unauthorized access to your account. You agree to keep your password confidential. If you suspect your password may be compromised, you must immediately change your password and send notice to Safe Software.

3. Verified Publisher

A “Verified Publisher” is a third-party publisher that commits to submitting high-quality, production-ready, supported, and secure Content for use in FME workflows. All Verified Publishers must be verified by Safe Software to be classified as a Verified Publisher. If you wish to become a Verified Publisher, additional terms and conditions, as set out in a separate FME HUB Verified Publisher Agreement, will apply.

4. Trademarks & Copyright

“FME”, “Safe Software”, and the associated logos are the registered trademark of Safe Software. All other brand names, product names, or trademarks belong to their respective holders.

All intellectual property rights in the FME Hub platform are owned by Safe Software, or its licensors, and do not in any way transfer to you by virtue of your access to the FME Hub. These Terms do not grant you any rights to use the trademarks, logos or other brand features of Safe Software or its licensors other than as expressly stated herein. You agree not to obscure, remove, alter or tamper with any legal notices displayed in conjunction with the FME Hub.

5. Modification & Termination

Safe Software reserves the right to modify the FME Hub at any time and in its sole discretion. Functionality and offerings may be added, removed or eliminated. Usage limits may be added or revised at any time with notice to you.

Either party may terminate your use of the FME Hub on thirty (30) days written notice to the other party. Safe Software may terminate your use of the FME Hub or remove Your Content immediately and without notice if Safe Software believes that you are in violation of these Terms. You remain liable for any obligations (such as indemnity obligations) which by their nature are intended to survive termination.

The Terms may be modified at any time in Safe Software’s sole discretion. All modified Terms will be posted at https://hub.safe.com/terms . It is your responsibility to review the Terms regularly for updates. Your continued use of the FME Hub shall be deemed to constitute your acceptance of any revised Terms.

6. Warranty & Limitations on Liability

THE FME HUB AND ALL RELATED MATERIALS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. To the maximum extent permitted by law, Safe Software makes no other warranties, express or implied, as to noninfringement, merchantability, or fitness for any particular purpose. Safe Software makes no warranties that your use of the FME Hub will be error–free or uninterrupted, that any defects will be corrected, or that Your Content will be secure or not otherwise lost or damaged.

You warrant to Safe Software that no portion of Your Content, or the use of it by Safe Software as contemplated by these Terms, infringes on the property rights of another including, without limitation, patent, copyright or trademark rights. You warrant to Safe Software that Your Content will not contain any viruses, trojans, malicious programs, or other components that may harm the computer systems or networks of any users of Your Content or the FME Hub.

Safe Software shall not be liable for indirect, special, incidental, punitive, exemplary, or consequential damages, or loss of profit, revenue, content or business opportunity arising out of or in connection with the use or performance of the FME Hub, whether or not such loss or damage is reasonably foreseeable. Safe Software’s total liability for any claim related to the FME Hub is limited to the fees paid by you for access to the FME Hub during the previous 12 months or $1000, whichever is less. This limitation of relief is a part of the bargain between the parties.

7. Indemnity

You agree to indemnify and hold Safe Software and its owners, affiliates, directors, officers, agents, and employees harmless from any demands, loss, liability, claims, proceedings, or expenses (including attorney’s fees), made against Safe Software arising from your use of the FME Hub, Your Content, or your violation of these Terms.

8. Right to Regulate & Monitor

You acknowledge that Safe Software has the right, but not the obligation, to monitor the FME Hub. You agree that Safe Software may use and disclose any information necessary to operate the FME Hub, remediate security vulnerabilities, and comply with legal obligations or government requirements.

9. Governing Law

The Terms shall be governed by and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada. You hereby irrevocably submit to the jurisdiction of the courts of British Columbia.

10. Severability & Waivers

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the Terms shall continue in full force and effect. No failure or delay by Safe Software in enforcing any provision of these Terms shall be a waiver of Safe Software’s rights to enforce these Terms.

Updated on May 4, 2024

Your use of the mobile applications (the “Apps”) licensed by Safe Software Inc. (“Safe Software”) is subject to: (i) these Terms of Use; (ii) our Privacy Policy; and (iii) any other terms which accompany a specific App (collectively, the “Terms”). Apps may include software, documentation or data provided by Safe Software, its licensors or its affiliates. Apps may be provided by Safe Software via safe.com or through an online marketplace, such as the Google Play Store or the Apple App Store. By clicking “Accept” or otherwise using the Apps, you signify your agreement with the Terms. If you do not agree with any of the Terms, do not use the Apps. If you are using the Apps on behalf of a business, then you agree that you are authorized to accept these Terms on behalf of such business.

Using the Apps

You may access and use the Apps only in compliance with the Terms. You may access the Apps using the interfaces provided and in compliance with applicable laws, including export control laws and regulations. Safe Software reserves the right to immediately terminate your use of the Apps if Safe Software reasonably believes that you failed to comply with the Terms.

By using the Apps, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) any registration information you submit will be true, accurate, current, and complete; (3) you are not a minor in the jurisdiction in which you reside, or if you are over the age of 13 you will not provide Safe Software with any personal information and you have parental consent to use the Apps; (4) you will not use the Apps for any illegal or unauthorized purpose; and (5) your use of the Apps will not violate any applicable law or regulation.

You agree not to knowingly: (a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Apps or take any action which could damage, disable, overburden or impair the Apps infrastructure or any other application, network or service connected to the Apps ; (b) post or transmit via the Apps any content in violation of another party’s intellectual property or privacy rights or any content that is unlawful, fraudulent, harassing, libelous, or obscene; (c) post or transmit via the Apps any content that contains a virus, bug, or other harmful item; (d) copy, distribute, prepare derivative works, reverse engineer, or use the Apps other than as permitted herein; (e) attempt to gain unauthorized access to any software, applications, content, accounts, computer systems or networks connected to any Apps through hacking, password mining or any other means; (f) take any action which may interfere with any other party’s use and enjoyment of the Apps; (g) obtain or attempt to obtain any materials, services or information through any means not intentionally made available through the Apps; or (h) circumvent, disable or otherwise interfere with any security-related features of the Apps.

Your Content

The Apps may allow you to transmit, use, modify and publish your location, messages, data, files, FME Flow connection credentials, and other content (collectively, “Your Content”). You retain ownership of any intellectual property rights that you hold in Your Content.

Any location data that is collected by the Apps is not transmitted to or collected by Safe Software. Safe Software does not access, store, or process Your Content or other personal information in any manner. You are responsible for ensuring that any personal data you collect, process, transmit, store or otherwise use as part of the Apps is done in a secure and legally compliant manner.

Software License

The Apps are the intellectual property and copyrighted work of Safe Software and/or its third-party licensors. Safe Software gives you a personal, revocable, non-transferable and non-exclusive license to install and use the Apps in accordance with these Terms on devices owned or controlled by you. Except as expressly permitted by law, you may not copy, modify, distribute, sell or lease the Apps, nor may you reverse engineer or attempt to extract the source code of the Apps. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY SOFTWARE INCLUDED IN THE APPS TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION, OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Some of the software included in the Apps may be offered under an open source license. Such open source license terms work in conjunction with these Terms. However, if there is a conflict between these Terms and the open source license terms, the open source license terms will prevail.

Apple and Android Devices

The following terms apply when you use an App obtained from either the Apple App Store or Google Play (each an “App Distributor”): (1) the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services to you with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions contained in these Terms, and that each App Distributor will have the right to enforce the relevant terms and conditions in these Terms against you.

Trademarks & Copyright

“FME” is the registered trademark of Safe Software and all Safe Software and FME logos are the trademarks and/or service marks of Safe Software. All other brand names, product names, or trademarks belong to their respective holders.

All intellectual property rights in the Apps are owned by Safe Software, or its licensors, and do not in any way transfer to you by virtue of your use of the Apps. These Terms do not grant you any rights to use the trademarks, logos or other brand features of Safe Software or its licensors. You agree not to obscure, remove, alter or tamper with any trademarks, logos, brand features or other legal notices displayed in conjunction with the Apps.

Third Party Applications & Content

You may configure the Apps to connect to or use third-party applications or content. Such connections and usage are not under Safe Software’s control, and Safe Software is not responsible for the security or reliability of such connections or usage.

If you use the Apps in conjunction with applications or content provided by third parties, then you agree to comply with any terms and conditions provided by such third parties. You may not use the Apps in conjunction with any third party content licensed in any manner that could cause, or be interpreted or asserted to cause, the Apps to become subject to any copyleft provisions. Your use of any third-party applications or content is at your sole risk.

Modification & Termination

Safe Software reserves the right to modify the Apps at any time and in its sole discretion. Functionality and offerings may be added, removed or eliminated. Usage limits may be added or revised at any time with notice to you.

Either party may terminate your use of the Apps immediately and without notice. You remain liable for any obligations (such as indemnity obligations) which by their nature are intended to survive termination.

The Terms may be modified at any time in Safe Software’s sole discretion. All modified Terms will be posted at safe.com/legal. It is your responsibility to review the Terms regularly for updates.

Warranty, Disclaimer & Limitations on Liability

SAFE SOFTWARE WARRANTS THAT THE APPS AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. TO THE EXTENT PERMITTED BY LAW, SAFE SOFTWARE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. SAFE SOFTWARE MAKES NO WARRANTIES THAT THE APPS WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAFE SOFTWARE ASSUMES NO LIABILITY FOR ANY DATA USED OR TRANSMITTED BY THE APPS, OR FOR LOSSES ARISING DUE TO THE ACTS OR OMISSIONS OF THIRD PARTIES IN CONNECTION WITH THE APPS.

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT, REVENUE, DATA OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE APPS, WHETHER OR NOT SUCH LOSS OR DAMAGE IS REASONABLY FORESEEABLE. SAFE SOFTWARE’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE APPS IS LIMITED TO THE FEES PAID BY YOU FOR THE APPS DURING THE PREVIOUS 12 MONTHS OR $1000, WHICHEVER IS LESS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Indemnity

You agree to indemnify and hold Safe harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against Safe by any third party due to or arising from your use of the Website.

Governing Law

The Terms shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of British Columbia.

Severability & Waivers

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the Terms shall continue in full force and effect. No failure or delay by Safe Software in enforcing any provision of these Terms shall be a waiver of Safe Software’s rights to enforce these Terms.

Last Updated: April 13, 2023
Copyright © 2024 Safe Software Inc. All rights reserved.

IMPORTANT – READ CAREFULLY: This FME Software License Agreement (“Agreement“) is a legal agreement between you, either as an individual or a legal entity, and Safe Software Inc. (“Safe Software“) for the Software and Related Materials as defined below.  If applicable, any of the additional terms set out in Appendix I form part of this Agreement.

By installing, downloading, copying, accessing, or otherwise using the Software and Related Materials, you agree to be bound by the terms and conditions below. IF YOU DO NOT AGREE TO ALL THESE TERMS AND CONDITIONS, THEN DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE AND RELATED MATERIALS.

This Agreement is a license from Safe Software and is not a sale of goods. This Agreement gives you limited rights to use Safe Software’s proprietary Software and Related Materials. All rights not explicitly granted in this Agreement are reserved to Safe Software.

1. Definitions. The following words shall have the following meanings:
   1. “Concurrencies” means the maximum number of machines, virtual or otherwise, that may use the Software simultaneously.
   2. “Engines” means the proprietary processing cores linked to a license of the Software.
   3. “Environment” means the combination of Software with hardware, third-party applications, and other computing elements for one of the following purposes: disaster recovery (which may include failover), development, staging (which may include testing, pre-production, quality assurance, or other non-production use), and production.
   4. “Software” means the actual copy of all or any portion of Safe Software’s proprietary FME software products, including FME Form, FME Flow, FME Engines, and related software development kits (“SDKs”), in any format and includes backups, patches, service packs, updates, extensions, or permitted merged copies.
   5. “Related Materials” means all of the user, reference, operating, training, or related information supplied by Safe Software in printed or electronic form, including new, revised, and corrected documents.
2. Permitted Uses.
   1. Pursuant to the terms and conditions of this Agreement, Safe Software hereby grants to you a limited, non-exclusive, non-transferable license to install and use the Software and Related Materials as follows:
      1. If you acquire a fixed license, you are authorized to install and use one copy of the Software on a single designated physical or virtual machine so that the Software is only accessible to a single user.
      2. If you acquire a floating license authorizing a specified number of Concurrencies, you may install the Software on multiple machines, provided that the number of users using the Software at any one time is not greater than the authorized number of Concurrencies.
      3. If you acquire a server license, you may install the Software without restricting the number of users. A server license may be associated with standard Engines, CPU-usage Engines, or both. You may use no more than the authorized number of standard Engines associated with your server license.  You may use an unlimited number of CPU-usage Engines for the duration of the CPU processing hours associated with your server license.
   2. You may use a Software license in a single Environment only. For example, you must acquire three separate licenses to set up a development Environment, a staging Environment, and a production Environment. Licenses for different Environments cannot be combined into a single license file.
   3. You may provide access to and use of the Software to any affiliate, consultant, or contractor solely for your benefit.
   4. You may make additional copies of the Software and Related Materials only as reasonably required for internal backup protection.
   5. FME Flow Software may be used as part of a cloud-based application or web service offered to the public, provided that:
      1. there must be added functionality or value to your cloud-based application or web service and FME Flow functionality cannot be offered to third parties in a standalone configuration;
      2. third parties must not be able to access administrator functions in FME Flow; and
      3. third parties must not be able to upload or use their own FME workspaces with your cloud-based application or web service.
   6. When used as part of a cloud-based application or web service, FME Flow may be used to process your own data or third-party data for the benefit of third parties.
3. Uses Not Permitted.
   1. You are not permitted to:
      1. act as a service bureau or application service provider that allows third parties direct access to the Software;
      2. sell, rent, host, lease, sub-license, lend, timeshare, transfer, or otherwise provide unlicensed third parties direct access to the Software;
      3. reverse engineer, decompile, disassemble, alter, modify, or create any derivative works of the Software and Related Materials except to the extent permitted in this Agreement or by law; or
      4. use the Software for any unlawful, illegal, or illicit purposes.
   2. Except as expressly provided in this Agreement, you may not use the Software to provide paid consulting services to third parties where the primary purpose of such consulting services is to provide data management, translation, or transformation unless the third party has a Software license.
   3. Other than as part of a cloud-based application or web service that uses FME Flow, you may not use the Software to process third-party data solely for the use and benefit of third parties. You may not use FME Form to provide any stand-alone data translation system or service for third parties.
4. Third-Party Components. The Software may include software components licensed by third parties (“3rd Party Components“). Copyright notices and licenses for 3rd Party Components are available in the Legal Notices file located in the “About” box of the Software or may be requested by contacting legal@safe.com. All 3rd Party Components’ license terms work in conjunction with this Agreement, and together they are complete statements of your rights and restrictions with respect to the Software. Where there is a conflict between a 3rd Party Components’ license terms and this Agreement, the 3rd Party Components’ license terms will prevail.
5. Sample Data, Authorization Credentials, & Encryption Keys.  (a) You may use the sample data provided with the Software to test, evaluate, and demonstrate features of the Software, and for no other purpose. (b) The Software may contain pre-installed  authorization keys or credentials (the “Credentials”) to permit connectivity with various web services. You may only use these Credentials in connection with the Software. Safe Software disclaims all liability for the use of the Credentials and you acknowledge that Credentials are provided by third-party licensors, are not within the control of Safe Software, and may be disabled without notice. If you use the Software for production purposes, you should obtain your own account and authorization credentials for the web services you plan to use. Instructions for obtaining your own authorization credentials will be included in the Related Materials. (c) Safe Software cannot access any data you process using the Software. You are solely responsible for using, storing, and protecting any encryption keys used to encrypt static data processed using the Software. Safe Software is unable to access or recover any lost encryption keys.
6. Privacy. Safe Software will process personal data according to the terms of its Privacy Policy located at safe.local/privacy. The Software may collect anonymous usage statistics upon Software activation. Safe Software uses statistics to identify usage trends and patterns to improve the Software and Related Materials. In FME Form, you may turn off usage statistics by going to the Tools tab -> FME Options -> Workbench tab.
7. License Exchange. All upgraded and replacement licenses are provided to you on a license exchange basis. You agree to uninstall the old Software license upon installation of a new Software license when you upgrade the Software from one license type to another (for example, from fixed to floating) or move the Software to a new machine. You voluntarily terminate your rights to use the old Software license, except to the extent that the old Software license is required to transition to the new Software license.
8. Ownership & Copyright. Safe Software and its 3rd Party Component licensors retain exclusive title to and ownership of any copy of the Software and Related Materials licensed under this Agreement.  Copyright laws and applicable international treaties and conventions protect the Software and Related Materials. The structure, organization, and code are the valuable trade secrets of Safe Software and its licensors. You agree:
   1. you will not remove, obscure, or deface any logo, notice, trademarks, or legend of copyright from the Software or any Related Materials;
   2. you have no right to use any of Safe Software’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features;
   3. not to export the Software and Related Materials into a country that does not have copyright laws that will protect Safe Software’s proprietary rights; and
   4. to use reasonable efforts to protect the Software and Related Materials from unauthorized use, reproduction, distribution, or publication.
9. Third-Party Applications for the Software.
   1. If you use the Software in conjunction with software, interfaces, application programming interfaces (“APIs”), plugins, products, or other services developed, operated, or provided by any party other than Safe Software (collectively, “Third-Party Applications”), you agree that you are solely responsible for acquiring the license and rights to use the Third-Party Applications. You are solely responsible for your use of the Third-Party Applications and any data loss or other losses or damages you may suffer as a result of using such Third-Party Applications. Safe Software does not warrant or support any Third-Party Applications or control the privacy practices of any Third-Party Application, whether or not they are recommended by Safe Software. Notwithstanding any other term in this Agreement, Safe Software shall have no responsibility, liability or indemnification obligations for any claims, losses or damages arising out of or in connection with your use of any Third-Party Applications. Safe Software does not guarantee compatibility with any Third-Party Applications, and Safe Software shall not be responsible for any changes or new developments in Third-Party Applications that may interrupt your use of the Software.
   2. You will ensure that any license terms for such Third-Party Applications do not:
      1. create, or purport to create, obligations for Safe Software or its 3rd Party Component licensors with respect to the Software;
      2. grant, or purport to grant, any rights to Safe Software’s or its 3rd Party Component licensors’ intellectual property; or
      3. grant, or purport to grant, any immunities under this Agreement.
10. Export Controls. You acknowledge and understand that the Software may be subject to export controls and sanctions laws (the “Export Controls”) in Canada, the USA, or other jurisdictions. You will not access or use the Software in a manner that would cause either party to violate any Export Controls, including access to or use of the Software in embargoed countries or regions, or use the Software for any prohibited end use that requires special licenses or permits (i.e., any nuclear, chemical or biological weapons proliferation).
11. Assignment. You shall not assign any of your rights under this Agreement without the prior written consent of Safe Software, which will not be unreasonably withheld. Any purported assignment without such consent shall be null and void.
12. Term.
    1. Any Software acquired under a subscription plan will expire at the end of the subscription term.
    2. Any Software acquired on an individual license basis for a production Environment will be licensed in perpetuity unless specified elsewhere in this Agreement, in a separate written agreement signed by both parties, or as otherwise specified in the ordering documents for such Software.
    3. CPU-usage plans for Engines will expire when you have used all CPU processing hours permitted in the ordering documents or, if CPU processing hours have been unused for more than one year, then Safe Software may expire any remaining hours after providing thirty (30) days’ prior notice to you. You understand that, under a CPU-usage plan, the Software will track the number of CPU processing hours used and the Engines will be disabled when all ordered CPU processing hours have been consumed.
    4. Any related support and maintenance services for perpetual licenses may be ordered in annual increments and may require additional payments.
13. Termination.
    1. This Agreement is valid for term of the Software acquired unless terminated earlier as set out below.
    2. This Agreement and the corresponding right to use the Software may be terminated immediately if either party breaches this Agreement and fails to cure the breach within 30 days after delivery of written notice of such breach.
    3. Safe Software will not issue any refunds for early termination unless termination is due to Safe’s breach as set out in subsection (b).
    4. On termination or expiration, you shall uninstall the Software, Related Materials, and any whole or partial copies, modifications, and merged portions in any form.
    5. The parties agree that all provisions that protect Safe Software’s rights shall remain in force upon termination or expiry.
14. Limited Warranty. Safe Software warrants that it has the power to grant the license rights described in this Agreement. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFE SOFTWARE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, USE OF REASONABLE SKILL AND CARE, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED “AS IS” AND WITH ALL DEFECTS AND ERRORS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAFE SOFTWARE ASSUMES NO LIABILITY FOR DAMAGE TO ANY SYSTEM ON WHICH THIS SOFTWARE IS INSTALLED, FOR CORRUPTION OF ANY DATA TRANSLATED BY THE SOFTWARE, OR FOR LOSSES ARISING IN THE EVENT THIRD PARTIES ARE ABLE, FOR ANY REASON, TO USE OR ACCESS THE SOFTWARE OR YOUR DATA OR SERVICES WITHOUT CHARGE. Your exclusive remedy and Safe Software’s entire liability for breach of warranty shall be to refund any fees you paid to Safe Software in the last 12 months.
15. Special Disclaimers.
    1. Artificial Intelligence (AI) Disclaimer. As described in the Related Materials, the Software may integrate third-party or first-party AI-powered functionality. You may use this AI functionality at your option, and such AI functionality is delivered “AS IS” and without warranty of any kind. Safe Software fully disclaims any liability or indemnities relating to claims arising from your use of AI-powered functionality.
    2. Data Sources. You are solely responsible for the integrity, security, confidentiality, and availability of any data, images, files, resources or other inputs (collectively, “Data Sources”) you access or process using the Software. Safe Software fully disclaims any liability or indemnities relating to claims arising from your use of corrupted, vulnerable, insecure or otherwise unreliable Data Sources.
16. Infringement Indemnity. This section states Safe Software’s entire obligation for infringement.
    1. Safe Software will defend and indemnify you from any action brought against you to the extent that it is based on a claim that the Software or Related Materials infringe a copyright, patent, trademark, or other intellectual property right of any third party, provided that:
       1. Safe Software is promptly notified in writing of the claim;
       2. you provide Safe Software with reasonable assistance, information, and authority necessary to negotiate and settle the claim;
       3. such claim does not arise from the use of a superseded or modified release of the Software if such infringement would have been avoided by the use of the current or unmodified release of the Software; and
       4. such a claim does not arise from the use, operation, or combination of the Software with Third-Party Applications, data, equipment, or materials not provided by Safe Software if such infringement would have been avoided by use of the Software without such Third-Party Applications, data, equipment, or materials.
    2. Should the Software become, or in Safe Software’s opinion be likely to become, the subject of any claim of infringement, then you will permit Safe Software, at Safe Software’s option and expense, either to:
       1. procure for you the right to continue using the Software; or
       2. replace or modify all or a portion of the Software so that it is non-infringing.
    3. If, in Safe Software’s reasonable opinion, neither of the remedies set out above are available or practical, Safe Software may terminate this Agreement and refund any fees you paid to Safe Software in the last 12 months.
17. LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE AND RELATED MATERIALS, WHETHER OR NOT SUCH LOSS OR DAMAGE IS REASONABLY FORESEEABLE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL SAFE SOFTWARE BE LIABLE, IN DAMAGES OR OTHERWISE, IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE SOFTWARE IN THE LAST 12 MONTHS. The parties agree that Safe Software has set its fees and entered into this Agreement in reliance on the disclaimers and limitations set forth herein and that they reflect an allocation of risk between the parties and form an essential basis of the bargain between the parties.
18. No Implied Waivers. Any failure or delay by Safe Software in enforcing any right or remedy under this Agreement shall not be a waiver of any term or condition of this Agreement nor any subsequent breach thereof.
19. Order of Precedence. The terms of this Agreement supersede the terms in any order or other document you give to Safe Software. This Agreement may only be modified by a written amendment signed by both parties.
20. Language. French and other language translations of this Agreement are available at https://staging-safecom.safe.com/legal/fme-sla-translations/. If there is a conflict between English and non-English versions, then the English-language version will prevail.
21. Applicable Law. The laws British Columbia, Canada, govern this Agreement. Any disputes shall be resolved by arbitration or in a court of competent jurisdiction in British Columbia, Canada.
22. Validity. If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, such provision will be interpreted so as best to accomplish its objectives and the remainder of this Agreement will remain valid.
23. No Other Rights Granted. Except as expressly provided, no other right or license is granted under this Agreement.

APPENDIX I – ADDITIONAL TERMS:

The following additional terms may apply to specific license scenarios. In the event of a conflict between these additional terms and any previous terms in this Agreement, these additional terms will apply.

1. IF YOU ELECT “YES” TO INSTALL AN SDK DURING SETUP, this paragraph also applies to your use of the Software and Related Materials. You may use the SDK solely to design, develop, and test applications that interface with the Software and for no other purpose. You agree that you are solely responsible for any applications created using the SDK.
2. IF THE SOFTWARE IS LICENSED UNDER AN EVALUATION LICENSE, this paragraph also applies to your use of the Software and Related Materials. The term for these licenses will be limited. Software under an evaluation license cannot be used for any production purposes. It must be used solely for evaluations, demonstrations, proof of concepts, prototypes, and self-learning.
3. IF THE SOFTWARE IS LICENSED UNDER A HOME USE LICENSE, this paragraph also applies to your use of the Software and Related Materials. The term for these licenses will be limited. Software under a home use license is for personal, non-commercial use only.
4. IF THE SOFTWARE IS LICENSED UNDER A WORK EXTENSION LICENSE, this paragraph also applies to your use of the Software and Related Materials. The term for these licenses will be limited. You must have a paid, production license of the Software under active maintenance to be eligible for a Work Extension License. Work Extension Licenses are for learning, evaluating, and experimental purposes only. You may not use a Work Extension License for production use, including, but not limited to, running production workflows, testing production workflows, or creating workflows that will be run in a production environment.
5. IF THE SOFTWARE IS LICENSED UNDER A HUMANITARION, RESEARCH, OR NON-PROFIT GRANT LICENSE, this paragraph also applies to your use of the Software and Related Materials. The term for these licenses will be limited. Software under these licenses cannot be used for any commercial purpose and must be used solely for the projects approved by Safe Software during the application process.
6. IF THE SOFTWARE IS LICENSED UNDER A STUDENT, INSTRUCTOR, TRAINING, OR OTHER EDUCATIONAL LICENSE, this paragraph also applies to your use of the Software and Related Materials. The term for these licenses will be limited. Software under these licenses cannot be used for any production or commercial purposes and must be used solely for training, demonstrations, and education.
7. IF THE SOFTWARE IS LICENSED UNDER A RECENT GRADUATE LICENSE (“Grad License”), this paragraph also applies to your use of the Software and Related Materials. The term for Grad Licenses will be limited. Grad Licenses may be used at your place of employment for production or commercial use for your employer’s benefit provided that the Grad License is used solely by you as the named user and licensee.
8. IF THE SOFTWARE IS LICENSED UNDER A DEVELOPMENT PROGRAM LICENSE, this paragraph also applies to your use of the Software and Related Materials. The term for development program licenses will be limited. Software under a development program license cannot be used for any production purposes. Development program licenses are to be used solely to develop and test applications so that they interface with the Software and for no other purpose.
9. IF THE SOFTWARE IS LICENSED UNDER A DEMO LICENSE, this paragraph also applies to your use of the Software and Related Materials. The term for demo licenses will be limited. Software under a demo license cannot be used for production purposes or to provide paid services to third parties. Demo licenses are to be used solely for demonstrations, evaluations, training, internal learning, proof of concepts, and prototypes. Additional usage rights may be agreed upon between the parties as part of a signed agreement.
10. IF THIS SOFTWARE, OR A COMPONENT OF THE SOFTWARE, IS LABELED AS “BETA”, “TECHNICAL PREVIEW”, OR “RELEASE CANDIDATE”, this paragraph also applies to your use of the Software and Related Materials. Beta, Technical Preview, and Release Candidate versions of the Software, or components within the Software, are considered pre-release software and may contain defects and errors. You accept all risks of using these versions of the Software whether or not the risks are foreseeable or reasonable.
11. IF YOU DOWNLOAD AND INSTALL CONTENT FROM THE FME HUB FOR USE WITH THE SOFTWARE, this paragraph also applies. Third parties may provide FME Hub content. Such third-party content is not tested, verified, or supported by Safe Software. You agree to accept all risks of downloading and using FME Hub content whether or not the risks are foreseeable or reasonable.
12. U.S. GOVERNMENT RESTRICTED RIGHTS: If the Software and Related Materials are acquired directly or indirectly on behalf of a unit or agency of the United States Government, this paragraph applies. The Software and Related Materials are commercial items, developed at private expense and are the trade secrets of Safe Software. You agree that the Software and Related Materials are licensed with restricted rights under the terms of this Agreement under FAR Subparts 12.211/12.212 or DFARS Subpart 227.7202, or any successor provisions.

Last Updated: February 11, 2024

Below are links to our FME Software License Agreement provided in various translations. If you have any questions, please contact us at 604-501-9985.

• Chinese (中文)
• French (Français)
• German (Deutsch)
• Spanish (Español)
• Japanese (日本語)

Are there any restrictions on installing FME on virtual or cloud-based machines?

No restrictions

Can I let my outside consultants use my FME license to do work on my behalf?

Yes

I don’t own an FME license, but my outside consultant has an FME license. Can they use their license to do work on my behalf?

No, consultants may not use their own licenses to do paid work for third parties. A consultant may purchase a license on your behalf and we will register the license in your name. If you choose, you can designate your consultant to manage your annual maintenance renewals. The consultant can then use your license to provide consulting services to you.

Can I transfer or assign my license to another party?

Yes, but you must contact Safe to request a transfer of your license. We may ask you to complete an Assignment form.

Can I use my FME Form license to provide SaaS or other web-based services to third parties?

No. FME Form is intended as a desktop application with a single user per license.

Can I use my FME Flow license to provide SaaS or other web-based services to third parties?

Yes, as long as you: (i) include some value-added functionality as part of your web-based service; (ii) do not give third parties access to FME Flow administration tools; and (iii) do not allow third parties to upload their own FME Workspaces to your FME Flow instance. FME Flow functionality cannot be used as part of a service that is competitive to FME Flow Hosted.

Does FME software include components licensed under open source licenses?

Yes, you can see a list of open source components at https://staging-safecom.safe.com/legal/terms-and-conditions/foss/.

Is FME software considered a COTS, or ‘commercial-off-the-shelf’, application?

Yes, FME software is COTS software. Safe Software does not provide customized modifications, implementations, or services. This allows us to offer our software at a fraction of the cost of a customized application.

Does Safe Software have access to my business data when I use FME Form or FME Flow?

No, we do not see or access any data you process using FME Form or FME Flow. These are on-premise software applications. Your staff should install them in a computing environment exclusively under your control. Safe tracks only anonymized usage statistics. If you are looking for a hosted solution, we also offer FME Flow Hosted, which has different licensing terms.

Will Safe Software agree to additional warranty, indemnity, and support terms?

No. We believe that our standard indemnity and warranty provisions are fair and reasonable given that we are providing a cost-efficient, on-premise, COTS software application. Like most other providers of COTS software, we offer the same standard support to all our customers. We cannot agree to customer-specific support, warranty, or indemnity provisions at our price point. However, we encourage you to reach out to one of our partners if you need enhanced support.

FME Training includes:

1. live training offered by Safe Software Inc. (“Safe”) which may be delivered using Strigo or other third-party platforms;
2. a self-serve training portal called FME Academy located at https://academy.safe.com; and
3. all other related training materials, software, data, and documentation (collectively, the “Materials”).

Safe’s Website Terms of Use and Privacy Policy apply to your use of and access to FME Training, with the following additional terms and conditions:

Participant Code of Conduct

FME Training and, in particular, the live training offerings, may allow participants to communicate directly with each other and with Safe staff. Safe has the right, but not the obligation, to monitor participant communications. Safe may, with or without notice, remove you from a live training class, restrict your access to FME Academy, or otherwise limit your access to FME Training if you participate in any communications which Safe believes, in its sole and unfettered discretion, are discriminatory, harassing, illegal, or otherwise offensive in nature. We expect all participants to follow our Code of Conduct.

Use of FME Training Materials

All Materials are provided solely for training purposes.

You may not remove or obscure any Safe copyright or trademark notices on the Materials.

If software is provided to you as part of the Materials, you agree that you will not reverse engineer, decompile, disassemble, alter, modify, or create any derivative works of such software. On completion of training, you shall delete or return to Safe the software Materials and any whole or partial copies, codes, modifications, and merged portions in any form.

The Materials describe the functionality and use of the FME software at the time of publication. Any FME or other software, and the descriptions of these software products, are subject to change without notice. Materials may be modified, retired, replaced, or updated at any time in Safe’s sole discretion.

Safe makes FME Training and all Materials available solely on an “as-is” basis with all defects and errors. Safe makes no warranty either expressed or implied, including, but not limited to, any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. In no event shall Safe be liable to anyone for direct, indirect, special, collateral, incidental, or consequential damages in connection with or arising out of the use, modification, or distribution of the FME Training or related Materials.

Some Materials are provided at github.com/safesoftware. You may use, modify, and distribute these Materials, subject to the following restrictions:

1. The origin of the Materials and any associated FME software must not be misrepresented.
2. Redistributions in the original or modified form must include Safe’s copyright notice and any applicable Data Sources notices.
3. You may not suggest that any modified version of the Materials is endorsed or approved by Safe.
4. Redistributions in the original or modified form must include a disclaimer which: (a) states that the Materials are provided “as-is”; (b) disclaims any warranties; and (c) waives any liability claims.

You may not otherwise scrape, modify, reproduce, resell, license, or otherwise redistribute the FME Academy content located at https://academy.safe.com or content delivered during live training sessions. However, you are permitted to share recordings and Materials provided during live sessions with coworkers who were unable to attend a live session.

Data Sources

City of Vancouver

Unless otherwise stated, the data used in FME Training originates from open data made available by the City of Vancouver, British Columbia. It contains information licensed under the Open Government License – Vancouver.

Other Data Sources

Forward Sortation Areas: Statistics Canada, 2011 Census Digital Boundary Files, 2013. Reproduced and distributed on an “as is” basis with the permission of Statistics Canada. © This data includes information copied with permission from Canada Post Corporation.

Digital Elevation Model: GeoBase®

Fire Hall Data: Some attribute data adapted from content © 2013 by Wikipedia, used under a Creative Commons Attribution-ShareAlike license

Stanley Park GPS Trail: Used with kind permission of VancouverTrails.com.

OpenStreetMap Datasets: © OpenStreetMap contributors.

Contains information licensed under the Open Government Licence – British Columbia

Safe Software is a proud supporter of the Free and Open Source Software (FOSS) community. In order to power FME’s ability to integrate with so many applications and formats, we rely on many third-party libraries and components.

Your license of FME software includes a Legal Notices file in Help > About > Legal Notices. The Legal Notice file provides a listing of required attributions for third-party and FOSS components used in your particular version of FME.

Here are links to the latest release versions:

• FME Flow Legal Notice 2024.1.1.html
• FME Form Legal Notice 2024.1.1.html

Safe Software Inc. respects your privacy and understands the importance of protecting your Personal Information.

This Privacy Policy, in compliance with Canada’s Personal Information Protection and Electronics Documents Act (“PIPEDA”), outlines the principles and practices that Safe Software follows in protecting your information. We will inform you of why and how we collect, use, and disclose Personal Information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your Personal Information and allowing you to request access to and correction of your Personal Information.

Definitions

Personal Information – means information about an identifiable natural individual and may include items such as your email address, IP address, payment information, and opinion. Personal information does not include Contact Information.

Contact Information – means information that would enable an individual to be contacted at a place of business and includes name, title, business telephone number, business email, and business address. Contact Information is not covered by PIPEDA, but it may be considered Personal Information under the EU’s privacy rules and the privacy rules in other jurisdictions.

Non-Personal Information – means information that alone cannot be used to identify or contact you. This may include information about your computer, platform, and click paths.

Privacy Officer – means the individual designated responsibility for ensuring that Safe Software complies with this Policy and PIPEDA.

Safe Software – means Safe Software Inc. and its affiliates.

Why Does Safe Collect Personal Information?

We collect your Personal Information because it helps us deliver a superior level of service. It enables us to provide you with software support, to configure cloud-based software services that you have ordered, and to process payments for products and services. In addition, your Personal Information helps us keep you posted on the latest product features, special offers, and events that you might like to hear about.

We process your Personal Information for legitimate business purposes, to meet our legal obligations, to fulfill contractual or pre-contractual obligations, or when you have given us your consent.

Legitimate business purposes include some or all of the following: where the processing enables us to enhance, modify, personalise or otherwise improve our services and communications for the benefit of our customers; to identify and prevent fraud; to enhance the security of our network and information systems; to better understand how people interact with our websites; to provide communications which we think will be of interest to you; to determine the effectiveness of promotional campaigns and advertising. Whenever we process data for these purposes we will ensure that we always keep your privacy rights in high regard and take account of these rights. You have the right to object to this processing if you wish, and if you wish to do so please contact privacy@safe.com. Please bear in mind that if you object this may affect our ability to carry out some tasks for your benefit.

What Personal Information Does Safe Collect?

Safe collects the following categories of Personal Information:

How Does Safe Collect Personal Information?

Safe collects Non-Personal and Personal Information when you actively provide it in the context of making payments, completing surveys and forms, attending trade shows, and contacting us for sales and support. In addition, we use cookies and other technologies to passively collect some information. These methods are described more fully below.

Log Files

As is true of most websites, when you visit a safe.com website, we gather certain information automatically and store it in a log file. This information includes Internet Protocol (IP) address, top level domain name (for example .com, .gov,. ca, etc.), date and time of visit to the site, Internet Service Provider (ISP), type of browser used, web pages accessed, and documents downloaded. Due to Internet communications standards, when you visit our website we automatically receive the URL of the website from which you came and the website to which you go when you leave our website. The information we gather is used to help us administer our website, monitor traffic, improve the website’s accessibility and navigability, and gather aggregated preferences.

Cookies

Cookies are small files applied to your internet browser to track your website movements. We may use cookies to deliver content specific to your interests and to monitor website usage. Cookies may be linked to a database that stores information regarding what pages you have viewed and links you have clicked. Standing alone, cookies do not personally identify you; they merely recognize your computer. Unless you choose to identify yourself to Safe Software, either by providing your email during a Live Chat, registering for an account, or filling out a web form, or have previously identified yourself to Safe Software, you remain anonymous.

You can control the use of cookies at the individual browser level or directly on our website, but if you choose to disable cookies, it may limit your use of certain features or functions of our website. To control cookies directly on our website, click on the “Privacy” link in the footer of our webpage or click here.

We also use cookies in conjunction with Google’s AdWords Remarketing service. Google will use your cookie information to serve interest-based advertising to you. You can opt out of Google’s use of cookies by adjusting Google’s Ad Settings, using Google Analytics Opt-Out Browser Add-On, or visiting Network Advertising Initiative opt-out page.

The Cookie List below explains the specific cookies we use and why.

Website Tracking Services

We use in-house and third party website tracking services, like Google Analytics and Pardot, to track page views, visit source, and events (like when you complete an online form). This tracking may be done on our primary website and on our ancillary websites and services including FME Hub, FME Community, Help Documentation, the Partner Portal, the FME Flow Hosted sign-up page (but not in FME Flow Hosted itself), and on search pages. This data can be associated with Personal and Contact Information if you have provided that type of information to us by providing your email during a Live Chat, registering for an account, or filling out a web form.

Click-Through URLS

Some of our email messages contain click-through URLs linked to specific content on our website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked, simply avoid clicking text or graphic links in the email.

Clear GIFs

Clear GIFs (a.k.a. beacons or tags) are tiny graphic images placed on a web page, web-based document, or in an email message. We may use Clear GIFs to tell us what parts of a website you have visited, to measure the effectiveness of searches you perform on our website, or to determine if an email message has been opened. We may use this information to tailor our communications to meet your preferences.

Software Usage Reporting & Start Tab

Upon using FME software for the first time, you will have the option to permit the software to collect usage statistics. The information collection process is anonymous and Safe Software does not collect personally identifiable information. Your results will be automatically combined with results from other users, and the resulting statistics will be used to identify trends and usage patterns which will help focus development efforts for future versions of the Software and allow us to provide configuration and usage recommendations on our website and in-product. You may disable usage statistics tracking at any time by going to the Tools -> FME Options -> Workbench tab.

Upon launching the web browser in the Start tab of FME software, we may collect IP address and Non-Personal Information. If you are using an evaluation license of FME, then this information may be combined with your serial number and personal information you provided when requesting the evaluation license. We use this information to determine if the evaluation license has been activated, to troubleshoot problem areas, provide support, and contact you for evaluation feedback.

APIs

FME software may allow you to connect to other applications using third-party APIs. This information is not collected by, transferred to, or otherwise used by Safe Software. FME software’s use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

How Does Safe Use Your Personal Information?

Safe Software takes your privacy seriously. We do not sell or rent your information to unrelated third parties. We collect information to fulfill your specific requests, to process your payments, and to send you notices for annual upgrades or maintenance related to the specific product you have purchased. Except as expressly set out below, Safe Software does not share, sell, rent, or trade any information with third parties for their promotional purposes.

Safe Software may also combine Personal and Non-Personal Information to better understand the behavior and preferences of our customers, to attribute sales to marketing activities, to troubleshoot technical problems, to enforce our Terms of Use and License Agreements, and to ensure the proper functioning of our products as well as to help improve them. In addition, the information you provide will allow us to send you messages about new products, features, enhancements, special offers, and events of interest. You may opt out of receiving marketing emails at any time.

We use a third party credit-card payment processor and information related to credit card payments will be directly routed to that payment processor. As well, we may engage with third party companies, such as SalesForce and Amazon, to process or store your information. These third party companies are authorized to use your Personal Information only as necessary to provide the requested service to us. Safe Software is based in Canada; however, we also use data storage facilities and cloud-based services located in the United States.

We may use the geographic location of your IP address to customize the content you can see in certain regions so that it is more relevant to you.

To provide superior service in your geographic region or in your language of choice, your information may be disclosed to authorized partners. All authorized partners have signed confidentiality agreements with Safe Software and are not permitted to use your information for any purpose other than providing services or communications relating to Safe Software’s products.

Safe Software may aggregate information from multiple sources to create a more complete profile of your use and interactions with Safe Software and so that we can provide better support to you. For example, we link your FME Community account to your SalesForce record.

From time to time, Safe Software may partner with other companies to jointly co-host webinars, training seminars, or other events. If you specifically register for a jointly-offered event, then we may share your Personal Data, to the extent collected in connection with such event, with our co-host. Co-hosts’ use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to register in a jointly-offered event.

How Does Safe Get Your Consent?

We will obtain your consent to collect, use, or disclose Personal Information. Your consent may be express or implied where the purpose for collecting or disclosing the Personal Information would be considered obvious and you voluntarily provide Personal Information for that purpose (for example: submitting an email request for support or signing up for a webinar). We follow Canada’s Anti-Spam Laws and we will seek your express consent for direct marketing purposes where necessary under those regulations or the regulations of other jurisdictions.

Subject to certain exceptions, you may withhold or withdraw your consent for Safe Software to use your information by selecting the unsubscribe mechanism included in an email communications, deleting your accounts with Safe Software, or by contacting privacy@safe.com. Your decision to withhold or withdraw your consent to certain uses of Personal Information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist you in making the decision.

We may collect, use, or disclose Personal Information without your knowledge or consent only in the following limited circumstances:

• When the collection, use, or disclosure is required by law;
• When the information is necessary to investigate a breach of an agreement or a contravention of a federal or provincial law;
• When the information is publicly available;
• When it is clearly in the individual’s interests and consent is not available in a timely way; or
• To comply with a subpoena, a warrant, or order made by a court or other body with appropriate jurisdiction.

Public Information Including User Generated Content & Profiles

You may choose to disclose information about yourself in the course of setting up a public profile or contributing user generated content to the FME Community, the FME Hub, or another public online forum provided by Safe Software. Information that you disclose in any of these forums is public information, and there is no expectation of confidentiality. You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

What Safeguards Does Safe Use to Protect Your Information?

We strive to limit the amount and type of personal information that we collect to just those details necessary to respond to your requests, share information with you, and process your transactions. We do not do regular or extensive profiling of individuals. Other than information required to process payments, we do not collect sensitive personal information. We will retain your information only as long as necessary to fulfill legal or reasonable business purposes.

We are committed to ensuring the security of your information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification, or destruction. The following security measures will be followed to ensure that your information is appropriately protected:  the use of user IDs and passwords, access restrictions, firewalls, antivirus programs, intrusion detection systems, system penetration testing, and physically secure office facilities.

We will use appropriate security measures when destroying your information such as shredding hardcopy documents and deleting electronically stored information.

We will continually review and update our security policies and controls as technology changes to ensure ongoing Personal Information security.

A Note On The EU’S GDPR

Safe Software is committed to following the principles outlined in the EU’s General Data Protection Regulation (the “GDPR”) for all EU residents that provide Personal Information to Safe Software. We understand that, under the GDPR, Personal Information does include Contact Information belonging to EU residents and we will safeguard it and process it accordingly. For more information on our compliance with the GDPR please see: safe.com/legal/gdpr/.

How Can You Access Your Personal Information?

You have the right to access your Personal Information. We will use reasonable efforts to ensure that your Personal Information is accurate and complete.

If at any time you wish to be removed from Safe Software’s mailing list please email fme-webmaster@safe.com.

If you wish to view, update, alter, restrict processing of, or delete any information we may have on you, please send a written request to:

Address: Safe Software Inc., Suite 1200 – 9639 137A Street, Surrey, BC, Canada, V3T 0M1
Fax: 604-501-9965
Email: privacy@safe.com
Attention: Privacy Officer

We will use reasonable efforts to reply to your request within 30 days. We will inform you of the results of our investigation and let you know what actions have been taken by Safe Software in response to your request.

If you have a question or complaints regarding our Privacy Policy, please contact us at privacy@safe.com.

Last Updated: April 13, 2023

Safe Software takes its responsibilities under privacy laws very seriously. As a Canadian company that is governed by Canada’s Personal Information Protection & Electronic Documents Act (PIPEDA) and Canada’s Anti-Spam Legislation (CASL), we believe that there is already significant alignment between these laws and the EU’s privacy laws, including the GDPR. Where there are differences between these laws, Safe Software is taking active steps to ensure we meet the unique requirements of the GDPR for our EU customers. Our Privacy Policy contains more specific information.

The European Commission has found Canada to be among the countries providing adequate data protection for EU citizens. As a result of this decision, personal data can flow from the EU to Canada without any further safeguards, such as Privacy Shield certification, being necessary. In other words, data transfers to Canada can be treated as the same as intra-EU data transmissions.

Safe Software acts as both a data controller and a data processor. Safe Software is a data controller when we collect and process your information to set up your account, process your orders, manage the FME Community, or respond to your requests for technical support. Safe Software acts as a data processor when you use FME Flow Hosted to process personal data. We expect that most customers are not using FME Flow Hosted to process personal data, but if you are and you require a Data Processing Addendum (DPA) then you can download, sign and return our standard DPA.

Sub-Processors

For our FME Flow Hosted platform, we use the following sub-processors:

Notification Services (opt-in)

Last Updated: June 19, 2024

Safe Software’s trademarks, logos, taglines, screen shots, or other distinctive features (“Safe Brand Features”) are valuable assets that Safe Software needs to protect. We ask that you help us by following these Guidelines. In addition, if Safe Software grants you permission to use any of our logos, we may provide you with further written requirements as to the size, font, colors and other graphic elements of those logos.

Our Trademarks

“FME” is the registered trademark of Safe Software. FME Form, FME Flow, FME Flow Hosted and the Safe Software and FME logos are also trademarked.

Proper Use

When used in text, the first reference to “FME” in any webpage, chapter, article or other piece should always be followed by the “®” symbol. This includes where “FME” is part of a product name.

Correct: FME^® Desktop provides data transformation capabilities.

Trademarks are used as adjectives to describe a generic noun, and should not to be used as nouns or verbs.

Correct: FME® software is used around the world.

Incorrect: FME is used around the world.

Trademarks cannot be possessive or plural.

Correct: FME® software has the ability to transform data into over 400 formats.

Incorrect: FME’s ability to transform data is unparalleled.

Correct: I purchased 3 FME® software licenses

Incorrect: I purchased 3 FMEs.

Do Not Change our Trademarks or Logos

“FME” should always appear in all capitals.

Do not hyphenate, combine or create acronyms of our trademarks. For example, you may not use: FMEblog, FMEmania, F-M-E, etc.

Do not change the scale, design, colors or other design elements of our logos or other Safe Brand Features.

Use of Safe Software Trademarks in Third Party Products

You may use the FME trademark in a referential phrase to describe that your product or service is for use with or is compatible withFME software, provided that:

1. The name of your product or service does not directly include the FME trademark;
2. Your product or service is not advertised, designed, or packaged in a way that may cause consumer confusion with Safe Software’s products;
3. You correctly use the FME trademark in a referential phrase (such as “compatible with” or “for”) indicating compatibility; and
4. Your product labelling, packaging and marketing materials include the following attribution: “FME” is a registered trademark of Safe Software Inc.

    Correct: ABC Extension for FME® software

    Incorrect: FME ABC Extension

Restrictions on Logo Use

As a general rule, you are not permitted to use our logos without written permission except:

1. You may use the FME logo in an area of a website, advertising, or marketing collateral exclusively dedicated to the sale or support of FME products provided that you also include the following attribution:
   “FME” is a registered trademark of Safe Software Inc.

Uses Not Permitted

1. As part of the name for any product, service, company, logo, or trademark owned or offered by you, without Safe Software’s express written consent;
2. In a manner likely to cause consumer confusion;
3. In a manner that implies that Safe Software endorses, sponsors, authorizes or is affiliated with your activities, products or services (unless permission has been specifically granted to you to do so under our Partner Program, Grant Program, or Certification Program);
4. On any website, marketing materials, product or offering that is obscene, offensive, misleading, libelous, harassing or otherwise violates applicable laws or is objectionable to Safe Software; and
5. As part of any domain name registered by you

Contact Us

If you are aware of any unauthorized or improper use of Safe’s Brand Features, if you have any questions about these Guidelines, or if you would like to request permission to use our logos, please contact us at legal@safe.com.

Updated on: April 13, 2023

A message from our CEO

Since 1993, organizations have trusted us to help maximize the value of their data. With that trust comes great responsibility: data is valuable and highly sought after by cybercriminals across the globe.

You’ve probably heard of recent cyber attacks in the news: a data breach that exposed customers’ personal information, or a ransomware attack shutting down a company for days. The scary reality is this isn’t something that happens to other people. Anyone can be a target.

The good news is for most part, with guardrails in place like our security policies and procedures, and with some critical thinking and vigilance on our part, we can all play a role in keeping us safe.

We are committed to delivering a high standard of information security in our software and our internal systems. We’re committed also to maintaining compliance with the ISO 27001 standard, regulatory, and customer requirements, and to continually improve our information security.

Safe Software commits to:

• Achieving the expectations of our customers and relevant regulatory authorities, and exceeding them where possible;
• Ensuring all our staff follow the company’s best practices, processes and procedures;
• Protecting customer data and Safe’s information, intellectual property, people and activities against loss, damage, disruption, or unauthorized disclosure;
• Implementing and maintaining security policies and procedures to meet ISO 27001, regulatory and customer requirements; and
• Implementing an Information Security Management System and ensuring that it is continually improved and supported with the necessary resources required to achieve the commitments written in this policy statement.

You may have heard us mention that we operate based on the restaurant model, striving to deliver the best product and the best service. The same applies to our security — even if the food’s great, and the service is excellent, you would probably think twice before returning to a restaurant if your last visit resulted in your credit card getting stolen.

If you have any questions about information security at Safe, please don’t hesitate to reach out to our Information Security Office team at security@safe.com.

1.  Purpose and Overview

This Vendor Privacy and Security Policy (this “Policy”) is one part of our efforts to work with Vendors, such as yourself, to reduce the risks to Safe Software Inc. and its customers. In today’s interconnected world, the security of information placed on any set of networked systems is dependent upon the security of all of the participants in that network. This Policy establishes a minimum set of controls that must be followed by all Safe Software’s Vendors in order to protect Safe Software Information and, where applicable, Safe Software Systems (and Your Systems if they interface with ours).

2.  Defined Terms and Scope

2.1  Defined terms

1. Agreement: means any written document or verbal agreement that memorializes and governs the relationship between you and Safe Software.
2. Safe Software Information, or SSI: means any information received from or about Safe Software, either directly or indirectly in any form, and any data, materials, processes, or information you develop for us or receive as a result of this relationship. Whether a safeguard is “appropriate” to protect SSI depends on the nature of the information.
3. Safe Software Systems, or SSS: means computer systems owned, licensed or otherwise used by Safe Software which process, transmit, store, or maintain SSI.
4. Safe Software, us, our, or we: means Safe Software Inc.
5. You or your: means the Vendor and also the Vendor’s Third Party Providers which have access to SSI or SSS.
6. Your Systems: means computer systems owned, licensed or otherwise used by you which process, transmit, store, or maintain SSI.
7. Third Party Providers: means any entity other than Safe Software which provides you products or services which relate to the subject of this Policy or the Agreement.
8. Third Party Provider Systems: means computer systems owned, licensed or otherwise used by your Third Party Providers which process, transmit, store, or maintain SSI.

2.2  Scope

All SSI is subject to this Policy. In the event of any conflict between this Policy and any Agreement, the conflict will be interpreted and construed in a manner which provides the broadest security and protection of SSI.

3.  Policy Statement

You will implement appropriate organizational, technical, and physical safeguards to ensure the security, privacy, confidentiality, integrity, and availability of SSI. Whether SSI is stored on, processed on, or transmitted by SSS, Your Systems, or Third Party Provider Systems, you (and your Third Party Providers if applicable) will use information security controls to: (1) protect any and all SSI and SSS you have access to while performing your obligations under any Agreement; and (2) protect Your Systems and your Third Party Provider Systems on which SSI is stored, processed, or transmitted.

4.  Termination of Access

Your access to any SSI and/or SSS, including but not limited to any Safe Software customer and/or employee information, is subject to your continuing compliance with this Policy. We may immediately, automatically, and unconditionally revoke your access, and all links and interfaces, to SSI and/or SSS without liability for any reason.

5.  Information Retention & Disposal

You will, at no additional charge to Safe Software, retain SSI as required by the Agreement, as directed by Safe Software in writing, or, if there is no agreed-upon retention requirement outside of this Policy, until the end of your engagement with Safe Software. At the end of our specified retention period, or upon our written request at any time, you will return or destroy, and certify in writing that you have destroyed or returned, all SSI, as we direct. If we require information destruction, you will destroy SSI in a confidential manner. This means you will shred paper copies of SSI and you will destroy electronic copies in a confidential manner so that they are no longer usable, readable, or decipherable, and the information on them is not retrievable. Nothing in this Policy will prevent you from maintaining information, still subject to confidentiality obligations, as required by law or any regulatory authority to which you are subject.

6.  Minimum Information Security Controls

You must implement and maintain the minimum information security controls set forth below. You may implement additional controls as appropriate for your business.

6.1  Application of Security Controls

The security controls outlined in section 6.3 shall apply to personnel, processes and/or technology involved in the work you or your Third Party Providers do with or on behalf of Safe Software.

6.2  Audit of Security Controls

1. If we request, you will provide a written description of compliance with this Policy, which includes, at a minimum, how you implement each security control set forth below. This written description will be completed at your expense and certified in writing by your authorized representative.
2. In addition, if we request, you will allow us, or our independent third party, to audit your compliance with this Policy (including without limitation performing penetration testing and vulnerability scans). You will work with us, at your own expense, to remedy any deficiencies identified in the audit.
3. Nothing in this section limits our audit or other rights we may have in any other Agreement with you or your Third Party Providers.

6.3  Security Controls Catalog

1. Security Management: Must have a comprehensive written information security program, based on best practices standards for your industry, which is designed to protect the confidentiality, integrity, and availability (“CIA”) of assets under your management

2. Risk Management: Must perform risk assessments to evaluate risks regarding collection, storage, and use of information. Information classification and ownership must be defined for all information assets allowing for inventorying and management, controls application, and compliance with relevant data retention policies.

3. Personnel Security: Controls must be implemented to enable employees, contractors/contingent workers, and service providers to adhere to policies and standards according to roles and access and to reduce the risk of theft, fraud, loss, and misuse of facilities or information.

4. Physical and Environmental Security: Appropriate physical controls commensurate to risk must be implemented, managed, and reviewed to prevent unauthorized physical access, damage, and interference to information assets and IT infrastructure and equipment. In addition, physical protection against external and environmental threats such as natural disasters, malicious attacks, or accidents must be implemented, managed, and reviewed.

5. Operations Management: Organization must securely operate IT infrastructure and applications supporting information assets through the application of key operational management controls, including but not limited to the maintenance of system and network documentation, employment of consistent and secure change and incident management processes, and maintaining vendor- supported and patched infrastructure and software.

6. Security Monitoring and Response: Vendor must leverage appropriate network and endpoint-based controls to facilitate security logging and monitoring of user activities, exceptions, faults, and events in accordance with business, legal, and regulatory requirements. Collected logs and associated analysis must be appropriately archived, protected from unauthorized access, and regularly reviewed.

7. Cryptographic controls: Cryptographic controls to protect the confidentiality, integrity, and availability of information assets in transit and at rest including controls for the management and use of cryptographic keys must be developed, implemented, and reviewed on a periodic basis.

8. Access Control: Access to resources must be regulated through the use of information security access controls and robust authorization mechanisms commensurate to risk.

9. Network Security: Network specific information security controls must be leveraged to protect information assets that traverse the Vendor’s network.

10. Vendor management: Vendor must manage its third parties to protect Safe Software resources and ensure the confidentiality, integrity, and availability of SSI and assets.

11. Business Continuity and Disaster Recovery: Vendor must have appropriate BC and DR capabilities to prevent or mitigate business interruption and associated impact. Vendor must test its BC and DR capability regularly.

12. Compliance: Information security and data protection controls and processes must comply with applicable law, statutory, regulatory or contractual obligations, and any Industry Standard Information Security requirements to avoid breach and/or compromise of SSI and SSS.

Last Updated: September 7, 2024

These Website Terms of Use (the “Terms”) govern your use of the websites and online resources provided by Safe Software Inc. (“Safe”). In these Terms, the word “Website” refers to any website or online resource that links to these Terms and includes any related materials, online tools, web applications, accounts, FME Hub offerings, resources, documentation, images, videos, and all other content (collectively, “Materials”) offered by Safe via such websites and online resources. In addition, your use of the Website is subject to our Privacy Policy, and any other relevant terms and conditions, policies, and notices that are posted on a specific section or module of the Website (collectively with these Terms, the “TOU”). Please read the TOU carefully before using the Website.

By using the Website, you signify your agreement with the TOU. If you do not agree with any of the TOU, do not use the Website. Safe reserves the right to modify these TOU at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by these TOU, as modified. The last date these Terms were revised is set forth below, so be sure to check back for updates.

Unless otherwise specified, the Materials on this Website are for personal and non-commercial use and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell Materials obtained from the Website without written permission from Safe.

Notice – FME Software Available on the Website

Any FME Software that is made available from the Website is the copyrighted work of Safe and/or Safe’s licensors. Use of FME Flow Hosted is governed by the terms of the FME Flow Hosted Terms of Use and use of the downloadable FME Form and FME Flow software is governed by the terms of the FME Software License Agreement..

Notice – FME Hub Offerings

FME Hub contains content for use with FME Software. FME Hub content may be provided by Safe or by third parties. Content provided by third parties is not tested, verified, or supported by Safe.  You agree to accept all risks of downloading and using FME Hub content whether or not the risks are foreseeable or reasonable. You may redistribute FME Hub content provided that you acknowledge the original author and, where possible, include a website link to the FME Hub.

Notice – Free Online Tools or Services

Safe may provide free online tools or services (“Free Tools”), such as the Easy Translator or AVF Validator, via its Website. You may access the Free Tools using the interfaces provided and in compliance with these TOU. Safe reserves the right to modify, add, or delete any Free Tools at any time and in its sole discretion. Functionality and offerings may be added, removed or eliminated. Usage limits may be added or revised at any time with notice to you. Registration or login requirements may be added from time to time.

Your Accounts

You may be required to create an account and specify a password in order to use certain services or features of the Website such as for the FME Community, FME Flow Hosted, FME Hub, and FME Academy. If you choose to create an account, then you agree you will:

(a) be at least 18 years of age or older; 

(b) you will provide accurate and complete registration information and update your information by signing in to your account (See the Account FAQs); 

(c) not allow other people to use your account ;

(d) keep your password confidential and notify Safe immediately if your account is compromised;

(d) comply with all privacy and other laws that apply to you; and 

(e) comply with the FME Community Guidelines and the Code of Conduct.   

You are entirely responsible for any and all activities under your account. 

Safe may limit features available to your account. We also reserve the right to restrict or suspend your account at our sole discretion. 

Your Content

By posting, publishing, uploading, or distributing any messages, data, software, workspaces, FME Hub offerings, information, text, graphics, links, content, or other materials (collectively, “Your Content”) for use on the Website, you grant (or warrant that the owner of such rights has expressly granted) Safe a perpetual, worldwide, royalty-free, non-exclusive right and license, with the right to sublicense, use, reproduce, modify, adapt, publish, display, translate, create derivative works from and distribute Your Content or incorporate Your Content into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Safe for any alleged or actual infringement or misappropriation of any proprietary right in Your Content that you provide to Safe.

You also represent that posting Your Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

You acknowledge that Your Content may be stored on third-party servers located anywhere in the world. Safe may edit or remove Your Content at any time at our sole discretion. 

Links to Other Sites & Content Posted by Third Parties

The Website may contain links to other websites. Such linked sites are not under Safe’s control, and Safe is not responsible for and does not endorse the content of linked sites. You will need to use your independent judgment regarding your interaction with such linked sites.

The Website may contain content posted by third parties. Safe is not responsible for and does not endorse any third-party content. Accordingly, Safe may not be held liable, directly or indirectly, for any loss or damage caused in connection with any third-party content.

Use of the Website

Do not use the Website in violation of these TOU or in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Website or any features on the Website (including any technological measures Safe may implement to enforce these TOU). In addition, you agree that you will not knowingly:

(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
(b) post or transmit to the Website any unlawful, fraudulent, harassing, libelous, or obscene information of any kind;
(c) post or send to the Website any information that contains a virus, bug, or other harmful item;
(d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Website or its Materials other than as expressly permitted herein;
(e) post to or transmit via the Website any information in violation of another party’s copyright or intellectual property rights;
(f) take any action that could damage, disable, overburden or impair the Website infrastructure or Safe’s network system;
(g) reproduce, redistribute, display or re-deliver the Website or its Materials using “framing”, hyperlinks, or other technology without Safe’s permission;
(h) attempt to gain unauthorized access to any software, accounts, computer systems, or networks connected to any Safe server through hacking, password mining or any other means;
(i) take any action which may interfere with any other party’s use and enjoyment of the Website; or
(j) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

Safe has the right, but no obligation, to monitor all activity relating to the Website. Safe reserves the right, in its sole and absolute discretion, to remove or edit Materials, terminate your accounts, prohibit you from using the Website, and take all appropriate legal actions. Safe reserves the right to change the Website at any time at its sole discretion without notice to users.

Disclaimer, Limitation of Liability, & Indemnity

THE WEBSITE, INCLUDING ALL MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH ALL DEFECTS AND ERRORS. To the maximum extent permitted by law, Safe makes no other warranties, express or implied, as to noninfringement, merchantability, or fitness for any particular purpose. Without limiting the generality of the foregoing, Safe makes no warranties that your use of the Website will be uninterrupted, that any defects will be corrected, or that Your Content will be secure. 

SAFE SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFIT OR BUSINESS OPPORTUNITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE, INCLUDING ANY MATERIALS. Without limiting the generality of the foregoing, Safe assumes no liability for any improper use of or access to Your Content or accounts by a third party, or for losses or claims arising due the acts, omissions, or content of third parties. 

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, FREE TOOLS, MATERIALS, FME ACCOUNTS, AND ANY LINKED SITES. Your sole remedy is to stop using the Website and any Materials. If, notwithstanding the other terms of this TOU, Safe is determined to have any liability to your or to any third party for any loss, claim, damage, or harm, you agree that the aggregate liability of Safe and its owners, directors, officers, employees, contractors, licensees, suppliers, affiliates or agents shall in all cases be limited to one hundred dollars ($100). This limitation of relief is part of the bargain between the parties. 

You agree to indemnify and hold Safe harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against Safe by any third party due to or arising from Your Content or your use of the Website.

Copyright

The Website is controlled and operated by Safe. All Materials on the Website are protected by copyrights which are owned and controlled by Safe or by third parties that have licensed their materials to Safe. 

Unless otherwise stated, the sample data used on this Website originates from open data made available by the City of Vancouver. It contains information licensed under the Open Government License – Vancouver.

Safe respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied on the Website in a way that constitutes infringement, please contact legal@safe.com. 

Trademarks

“FME”, “Safe Software”, and the associated logos are the trademarks of Safe Software Inc. You may only use these trademarks in accordance with the Safe Software Trademark Usage Guidelines.

All other brand names, product names, or trademarks belong to their respective holders.

Electronic Communications

When you use the Website or send communications to us through the Website, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Your Content, creating an account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we may contact you at that address or number in a manner consistent with our Privacy Policy.

Governing Law

The TOU shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada. Each of the parties hereby irrevocably submits to the jurisdiction of the courts of British Columbia.

Severability & Waiver

If any provision of the TOU is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the TOU shall continue in full force and effect. No failure or delay by Safe Software in enforcing any provision of the TOU shall be a waiver of Safe’s rights to enforce these TOU.

Last Updated: April 1, 2024
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