ExtremeTransactions Production License

Unless explicitly defined otherwise, within the scope of this document and any dependent documents the following definitions apply:
  • ATOMIKOS will be used to denote Atomikos BVBA, Belgium
  • "YOU(R)" ("CUSTOMER") will be used to denote the other party implied by this document and as identified in any dependent document(s)



Atomikos grants you a non-exclusive, non-transferable license, without the right to sublicense or redistribute, to use the software and documentation accompanying this license, whether on disk, in read only memory, on any other media or in any other form, and any error corrections provided by Atomikos (collectively called " software").


The software is protected by Belgian intellectual property laws, other intellectual property laws and international treaty provisions. The software and all associated intellectual rights remain the exclusive property of Atomikos. You acknowledge and agree that Atomikos will be entitled to develop and implement any suggestions made by You regarding the software or related to the use thereof.


Your use of the software is subject to the limitations stated in your purchase agreement with Atomikos or any third-party vendors acting on Atomikos' behalf. You are not allowed (nor permitted to instruct others) to redistribute the software, or modify, decompile, or reverse engineer the software or any part thereof (this includes the generation of documentation). You may also not rent, lease, lend or sublicense the software. You may not remove any notices or tags concerning intellectual property from the software nor do anything else that could endanger the rights of Atomikos. You are not allowed to disclose any benchmark results for the software without the prior and explicit consent of Atomikos. In addition, you acknowledge that Atomikos may audit your use of the software.



(*) Except for the support that is implied by our Terms & Conditions and to which you are entitled via your production subscription purchase




All software and technical data delivered under this agreement are subject to Belgian and the European Union's export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you and to comply strictly with any other applicable export regulations or laws.


This license automatically terminates without notice after your production subscription purchase expires (typically expiration happens after one year, unless otherwise indicated in your purchase records).

The license shall terminate immediately and automatically without notice if you fail to comply with any limitation contained herein. You agree to destroy all copies of the software upon termination. In addition, you may terminate this license at any time by destroying or erasing all your copies of the software. Atomikos reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the software.


This license will be governed by and construed in accordance with the laws of the Kingdom of Belgium. This license shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any legal conflicts will be exclusively settled by the Court of Mechelen, Belgium.


This agreement is the entire agreement between you and Atomikos relating to its subject matter. It supersedes all prior communications, whether oral or in written, and prevails over any conflicting or additional terms. No modification of this agreement will be binding, unless in written and signed by an authorized representative of Atomikos.


Any violation of this contract will be prosecuted by Atomikos to the maximum extent possible by law, and will provoque damage claims.


Until this license terminates, Atomikos warrants that the software will work in substantial conformance to the published specification. This warranty does not imply that the software will have full operability under any conditions chosen by you for the purpose of the use thereof, nor does it warrant that the operation of the software will be uninterrupted or error-free. The details that govern this warranty are outlined in the Atomikos support conditions.

EXHIBIT A: Atomikos Support Terms and Conditions

TC 1: Bug, Incident, Issue and Status

An issue (or ticket) is defined as a problem caused by an ATOMIKOS product and experienced by you. A support incident is a single, specific, issue–based request for support. A request that raises multiple issues will generate the need for and use of multiple support incidents.

A bug is a special type of issue where the behavior of an ATOMIKOS product is different from what is advertised in our documentation.

An incident is considered closed (resolved) when any of the following occur:

  • The issue in question is a feature of the software.
  • There is a functional clarification related to the use of the software.
  • A workaround procedure was made available to address your needs.
  • In case of a bug: a new release was made available that fixes the issue, requiring you to upgrade.
  • The issue concerns additional functionality that may or may not be addressed in future versions of the software.
  • The issue cannot be reconstructed by ATOMIKOS.
  • Any incidents opened by you will be closed automatically if you cannot be reached by ATOMIKOS within 3 attempts on 3 different business days.

TC 2: Production vs Development Support

Formula Includes Excludes Availability
Production support Remote access to get bug fixes, new releases and workaround advice in order to resolve problems encountered in your production environment. Development support or consulting. At least 3 years after the initial availability of each new stable release.
Development support Remote advice on the installation, configuration and use of Atomikos. Production support, customer-application-specific or third-party product issues. At least 3 years after the initial availability of each new stable release.
Consulting Professional advice for issues outside the Atomikos products. Performed by an Atomikos engineer, either remote or on-site at the customer, during normal business hours. Support. At least 3 years after the initial availability of each new stable release.

Both development and production support are exclusively available to paying customers ('subscribers') of ExtremeTransactions only. No support is given for TransactionsEssentials.

TC 3: Severity and Performance

The following table defines the severity and performance related to an issue. Any differences on your purchase order take precedence over these.

Severity Description Formula Target Response Time Resolution
1 Catastrophic production problem which severely impacts Your production systems, or in which Your production systems are down or not functioning; loss of production data and no procedural work around exists. Production support. 1 business day Work continuously until resolved or expired.
2 High-impact problem in which Your operation is disrupted but there is capacity to remain productive and maintain necessary business-level operations. Production support. 1 business day An immediate workaround or a fix in the next planned release.
3 Medium-to-low impact problem which involves partial non-critical functionality loss impairing some operations but allowing Your systems to continue to function. This may include a minor issue with limited loss or no loss of functionality or impact to Your operations and usually includes documentation errors. Production support. 2 business days An immediate workaround or a fix in the next planned release.
4 All problems outside production use. Development support. Planned in with customer A workaround or a fix in an upcoming release.

Business days are counted as Monday to Friday.

Support is limited to 12 months from your purchase date of an Atomikos support subscription or until the date mentioned during purchase. A response to an issue/incident may consist of the acknowledgement by ATOMIKOS of your incident report, and may not necessarily resolve your incident.

TC 4: Property

ATOMIKOS warrants itself to be the legal owner of the software and to have the right to all royalties originating from it. Consequently, ATOMIKOS warrants that no part of the present contract interferes with the rights of any third party and that you may make full use of the license granted to you in the full knowledge of the above.

The software is protected by Belgian intellectual property laws, other intellectual property laws and international treaty provisions. The software and all associated intellectual rights remain either the exclusive property of ATOMIKOS or that of certain licensors to ATOMIKOS.

The intellectual property rights on the software and its documentation, any feedback provided by you as well as all copies, updates or possible extensions, including new functions that may be developed by ATOMIKOS for you, remain the sole property of ATOMIKOS, or of certain licensors to ATOMIKOS, unless otherwise agreed in writing.

TC 5: Limitations

Support concerns issues that arise from the usage of the software, conform the specifications in the ATOMIKOS documentation. Not included are new features that you request, modifications to features that are not causing problems when using the software or ports to unsupported platforms or environments. When a newer version of the software is available then you should upgrade first before asking support. Also excluded is custom coding (i.e., writing customer-specific code outside the ATOMIKOS product boundaries).

You are not allowed to disclose any benchmark results for the software without any prior and explicit consent of ATOMIKOS.

TC 6: Communications

Asking Support Questions

All support is remote unless otherwise indicated in the formula you have purchased. Remote problem cases are to be reported by the named dedicated persons as indicated in your support purchase order and emailed to support@atomikos.com where they will be pulled into the Atomikos ticketing system.

You agree to supply the following minimum information for each issue:

  • The steps to reproduce the issue
  • The expected behaviour of the software
  • The observed behaviour of the software

Upon receipt, ATOMIKOS will generate a timestamp and ticket (number) to identify the problem. This ticket should be used by you for all further communications related to the case.

Downloading Fixes

Prior to release 3.9, fixes are to be downloaded via the ExtremeTransactionsForMaven.zip distro available via http://www.atomikos.com/maven-repository/

As of release 3.9, you can simply configure and use our Maven Repository settings.

TC 7: Refund Policy

Our support fees are paid up-front in order to guarantee availability of our support staff. For this reason, we do not offer refunds.

Appendix A: Release Numbering and Backward Compatibility

In general, we follow the semantic versioning strategy outlined in http://semver.org and with backward compatibility we mean compatibility at the Atomikos API and configuration level.

Release Numbers

Release numbers are of the form x.y.z[Mi]:

  • x is the major version - a change indicating a big difference in functionality that might break backward compatibility.
  • y is the minor version - a change indicated a minor difference in functionality that maintains backward compatibility.
  • z is the maintenance version - a change indicating that one or more bugs have been fixed, without any drastic changes.
  • Mi is the optional milestone version - indicating an unstable release made available only for experimental purposes.

Snapshot Release

Identified by x.y.z-SNAPSHOT, a snapshot release is meant for internal development purposes only, and definitely not for production use.

Example: 3.7.0-SNAPSHOT means an ongoing development build for what should become release 3.7 at some point in time.

Milestone Release

A milestone release is any release identified by x.y.zMi (i.e., with Mi suffix). Milestone releases are not supported: we do not guarantee that maintenance releases will be published at any time. Rather, milestone releases represent public early access releases (beta releases).

Example: 3.7.0M2 indicates a milestone release for what should become release 3.7 at some point in time.

Stable Release

A release x.y becomes stable as soon as it is no longer made available as a milestone or snapshot release. In general, there will be one or more maintenance releases for each stable release.

Example: 3.5 is a stable release because we have released 3.5.0

Maintenance Release

By maintenance release, we mean any release identified by x.y.z.

Example: 3.5.1 is a maintenance release (usually fixing one or more bugs in the prior release 3.5.0).

Appendix B: Important Dates

The following table summarizes when our current and past releases expire in terms of support; from those dates on it is highly recommended that you upgrade to a newer release.

Stable Release First Published Support Expires On
3.2 September 29, 2007 September 29, 2010
3.3 April 18, 2008 April 18, 2011
3.4 October 3, 2008 October 3, 2011
3.5 January 13, 2009 January 13, 2012
3.6 December 28, 2009 December 28, 2012
3.7 February 26, 2011 February 26, 2014
3.8 May 29, 2012 May 29, 2015
3.9 July 20, 2013 July 20, 2016

Extended support may optionally be available beyond the expiry dates (at a higher fee) - contact sales@atomikos.com to find out more.

Appendix C: Which License Applies

We use a number of different licensing schemes in harmony with our business model. This page explains which license applies to the Atomikos distribution you are using.

Frequently Asked Questions

See our FAQ page from common questions and answers…

EXHIBIT B: Redistribution / OEM Terms

The following apply only if you have purchased OEM rights.

OEM 1. Redistribution Rights

Provided that you observe all terms and conditions of the present agreement, you will obtain the non-exclusive, non-transferable right to redistribute ATOMIKOS software to third parties. In particular, you are allowed to:
  • re-badge the software involved
  • deliver the software through the same medium as your proprietary products

OEM 2. Restrictions

  • This is a contract between ATOMIKOS and you, not between ATOMIKOS and any customers of yours.
  • You are responsible of ensuring that any contract between you and your customers cannot endanger the specified rights of ATOMIKOS or cause additional obligations for ATOMIKOS beyond what is specified at http://www.atomikos.com/Main/WhichLicenseApplies.
  • You are not allowed to publish the ATOMIKOS product artefacts on any public website or public maven repository.
  • You are not allowed to publish the ATOMIKOS product artefacts in any way that makes them show up in public search engine results.
  • You are not allowed to redistribute the ATOMIKOS product artefacts for use outside the scope of your product.
  • You are not allowed to grant additional rights on the software to your customers.
  • ATOMIKOS has no obligations towards third-party customers other than those indirectly implied by this contract between ATOMIKOS and you.

OEM 3. Termination

In addition to what is specified in the general conditions, ATOMIKOS will have the right to terminate the present contract immediately in case of transfer of your activities or fields of activity to a natural or legal person whose activities are in competition with ATOMIKOS or who controls, directly or indirectly, a company having an activity of that nature.

OEM 4. Maintenance and Support

You will represent ATOMIKOS for all first- and second-line support issues towards your customers. ATOMIKOS will take care of third-line support issues for you.

OEM 5. Sub-distributors

You are not allowed to use sub-distributors of the OEM type without a separate OEM agreement with Atomikos. For each OEM customer of yours, a new Atomikos OEM deal must be negotiated.

OEM 6. Brands

Use of brands and logos

Either party hereby grants the other party the non-exclusive right and license to use its brands, trademarks and logos in accordance with party's current trademark usage guidelines, provided, however, that in the event that party has reason to believe that use of any Trademark may open party up to any liability, the other party agrees to stop using such Trademark upon written notice thereof from party. Upon either party's request, the other party shall provide copies of all Products bearing any used Trademark so that party may ensure that the quality of your use of such Trademarks is comparable to the quality of party's use thereof.

You shall not remove, cover or deface, so as to render illegible, any copyrights, trademarks, or other proprietary markings that appear on the ATOMIKOS Products. You shall further utilize the appropriate Trademarks on all materials related to the promotion and marketing of the ATOMIKOS Products.

No party will register any Trademarks or any other words or devices likely to be confused therewith, without first obtaining written permission from the other party. No party shall use any Trademarks or any other words or devices likely to be confused therewith, except as permitted in writing by the other party.

OEM 7. OEM Support

ATOMIKOS will support you as specified by this document, and in any case limited to all matters concerning the embedded use of ATOMIKOS software within your products. No other support is given.

OEM 8. Right to Audit

ATOMIKOS has the right to perform an audit of your records or technology whenever ATOMIKOS believes that there are serious reasons to suspect abuse against the terms of this agreement, but at most once every calendar year. Audits can be performed by an independent auditor and must be allowed by you within 30 days after ATOMIKOS request. Audits are at ATOMIKOS' expense.

EXHIBIT C: General Conditions

GC 1: General

The present conditions apply to all legal relationships between ATOMIKOS and you, also labeled "parties" in the following text. Your general conditions do not apply, even if of a more recent date, unless ATOMIKOS accepted them explicitly, in writing, either totally or partially. Any amendments to the present conditions are only possible if specified in a contract signed by both ATOMIKOS and you. The present conditions as well as any amendments thereto that have been explicitly accepted in writing by ATOMIKOS, supersede all previous contracts between ATOMIKOS and you, either oral, in writing or tacit, and they do constitute the only documents that apply to the legal relationships between ATOMIKOS and you.

ATOMIKOS delivers services and/or products only for your benefits. You will take every reasonable effort to protect ATOMIKOS from any obligations towards your customers or end users. To the extent possible by law, any obligations from ATOMIKOS that arise out of this document or any dependent documents will be obligations towards you only, not to any of your customers or end users.

If one or more of the provisions of these conditions or any dependent documents are declared null and void or unenforceable, this will not affect the validity or the enforceability of any other provisions thereof, which will remain in full force.

Any failure of either party to enforce one of its rights or prerogatives under these present conditions, or any failure of a party to react to a default or breach by the other party of all or any parts of the provisions of the present conditions, shall not constitute a waiver by such party of any of its rights under these present conditions.

GC 2: Confidentiality

Each party shall treat as confidential all information of confidential nature put at its disposal, unless in case of a legal or a professional duty to disclose, or unless the other party would request it to disclose such information. A party is not entitled to use the information put at its disposal by the other party for any other purpose than for the one the information was provided. This obligation of non-disclosure does not apply in case a party is involved, in its own name and for its own account, in any disciplinary, civil or criminal proceedings for which the confidential information may be relevant. Neither does the non-disclosure obligation apply in case the confidential information meanwhile entered into the public domain, or in case it was rightfully received by third parties.

GC 3: Suspension and termination

In case you do not fulfil your obligations, or in case you do not adequately fulfil them or do not fulfil them in due time, ATOMIKOS is entitled to suspend the performance of its obligations until you fully complied with your obligations. ATOMIKOS is entitled to suspend the performance of its obligations, even if these obligations concern an assignment other than the one under which you do not, do not adequately or do not in due time comply with its obligations.

Unless mentioned otherwise, signed contracts can be terminated by either party by giving a 90 days' notice term. Notices must be given by registered mail. In case you provided ATOMIKOS with incorrect or incomplete information, or, in case it is, in ATOMIKOS’s opinion, established that you did not communicate any amendments to or in connection with relevant information in due time to ATOMIKOS, or, in case of any other breach of contract of yours, or, in case ATOMIKOS, following circumstances brought to its attention, has serious grounds to believe that you will not fulfil your obligations in the future (such as but not limited to your request for extension of payments, bankruptcy, winding-up or liquidation of yours, ATOMIKOS is entitled to terminate any contract without notice and with immediate effect, and without being liable for any compensation whatsoever. ATOMIKOS will under all circumstances remain entitled to the payment of invoices for the services performed or products delivered.

In case of any other breach of contract by ATOMIKOS, or, in case you, following circumstances brought to your attention, have serious grounds to believe that ATOMIKOS will not fulfil its obligations in the future, you are entitled to terminate any contract without notice and with immediate effect, and without being liable for any compensation whatsoever for services received after the date of termination. In this case, ATOMIKOS shall refund any prepaid fees covering the remainder of the term or any prepaid fees for services not provided.

Upon termination, you agree to stop using ATOMIKOS products within 90 days following termination notice and ensure any of your clients stop using ATOMIKOS products as well. Termination does not end any of your obligations towards ATOMIKOS.

GC 4: Disputes

Any complaint related to the services performed, products delivered or to the amounts invoiced must be made in writing to ATOMIKOS, either within 30 days as from the moment the documents or information contested by you were received from ATOMIKOS, or within 30 days upon discovery of the fault in case you prove that you could not have reasonably discovered said fault earlier.

In case a complaint is found to be well-founded, ATOMIKOS can opt between an adjustment of the fees invoiced to you, the correction, free of any charge, of the services performed or products delivered, or the re-performing of the services contested by you, and the cancellation, either totally or partially, of the performance of the assignment, at a proportional reimbursement of the fees already paid by you.

GC 5: Applicable law and dispute resolution

Only Belgian law shall apply to any contracts or other legal relationships to which the present conditions apply.

Any dispute shall be, at the request of either party, immediately submitted to a conciliation committee consisting of at least one representative of either party plus one independent third-party representative whose nature and identity is accepted by both you and ATOMIKOS. If the conciliation committee were unable to settle the dispute within 30 days after the first meeting, or in the event that no acceptable third-party representative can be found within 30 days, each party is free to take the case before the competent court.

GC 6: Export regulations

All products, services or information delivered by ATOMIKOS to you are subject to Belgian and the European Union’s export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledges that he has the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you and to comply strictly with any other applicable export regulations or laws.

GC 7: Intellectual Property

ATOMIKOS has several current and pending patents on various aspects of its technology. You agree to respect ATOMIKOS patents and other intellectual property rights.


In general, either party agrees that this agreement does not lead to any definite transfer of ownership or user's rights for software, documents or technical and commercial information by the other party, or of the knowledge shared by the other party within the framework of the present contract, for intellectual rights as well as for their material media. The software, documents and information given to the other party can only be used for the purpose of fulfilment of the present contract and must be returned upon the date of expiry of the contract at the latest. Any material of this kind that would otherwise be sold by ATOMIKOS may not be resold free of charge without formal prior permission by ATOMIKOS.


ATOMIKOS warrants that:

  • it is authorised to enter into the present conditions,
  • it isn't subject to a third party's approval and has the financial viability to fulfil its obligations hereunder,
  • the products and services conform to its published specifications and documentation
  • it has all the necessary intellectual property rights to grant use of the products and services hereunder,
  • the products or services do not infringe, misappropriate or violate the intellectual property rights of any third party,
  • the software versions it controls shall not contain illicit code, time-outs, viruses, Trojan horses, back doors, electronic self-help mechanisms and self-replicating code,
  • it performs all services in a workmanlike manner
  • it complies with all applicable laws, rules and regulations


Should you become subject to legal action initiated by an independent third party concerning infringement of that third party's intellectual property rights by ATOMIKOS, then ATOMIKOS will assist you in that claim and contribute to your costs, damages and/or attorney fees attributable to your use of the ATOMIKOS products - provided, however, that you abide all of the following conditions:
  • to be current in the payment of all applicable fees towards ATOMIKOS prior to a claim or threatened claim
  • to notify ATOMIKOS within 10 days of the receipt of any such claim - including any evidence brought forward by said third party
  • to fund the whole claim's expenses, after which ATOMIKOS will contribute its share as determined by this contract
  • to provide ATOMIKOS with the right to control and conduct the defense of the claim
  • to provide ATOMIKOS with the right to involve the counsel of its choice
  • to co-operate with ATOMIKOS in the defense of the claim
  • to settle such claim at ATOMIKOS' sole discretion

Excluded explicitly from indemnification are:
  • modifications of ATOMIKOS products made by you
  • ATOMIKOS modifications made at your request
  • infringements resulting from combination of ATOMIKOS products with other, non-ATOMIKOS products
  • circumstances where you are in violation of your agreement(s) with ATOMIKOS
  • infringement situations that could have been avoided if you upgraded to a newer, existing ATOMIKOS release at the time of the claim
  • infringement situations of usage scenarios outside your control
  • your usage of ATOMIKOS products against prior ATOMIKOS advice not to do so
  • your claims against a third party

Should the ATOMIKOS products become the subject of a claim of infringement of third-party intellectual property rights then ATOMIKOS shall, at ATOMIKOS' option and expense, either:
  • procure for you the right to continue using the software;
  • replace or modify the software so that it becomes non-infringing with no loss of functionality
  • if unable to do the above: terminate the agreement and promptly grant you a refund of remaining prepaid subscription fees

GC 8: Disclaimer

Except for where explicitly acknowledged by ATOMIKOS, ATOMIKOS will not be liable for any damages whatsoever including – but not restricted to – lost revenue or profits or other direct, indirect, special, incidental, cover, or consequential damages, even if advised of the possibility of such damages, except to the extent applicable law, if any, provides otherwise.

In no event will ATOMIKOS' aggregate and cumulative liability towards you ever exceed the total fees paid to ATOMIKOS by you during the 12 months preceding the first event giving rise to such liability.

Contact Us

Atomikos Corporate Headquarters
Hoveniersstraat, 39/1, 2800
Mechelen, Belgium

E info@atomikos.com
E sales@atomikos.com
T +3215613055

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