Download Signsoft intelliBO Professional

Software License Agreement
Signsoft intelliBO 4.1 Professional

Dated: 1 June 2007
All Rights Reserved.


Important Note:

Please read the following agreement carefully. By
installing and/or downloading the software you agree to
this license agreement. If you don’t agree to this license
agreement, please DO NOT continue the installation and/or
downloading of this software and delete all copies of this
software from your computer immediately.


1. Preamble

This software license agreement governs the use of Signsoft
intelliBO 4.1 Professional (Software) and the electronic
documentation that comes with it between Signsoft GmbH
(Licensor), Behlertstraße 3a, 14467 Potsdam and the
user (customer). The use of the software is subject to
costs.


2. Subject matter of Agreement and Compensation

2.1 Signsoft intelliBO 4.1 Professional is an object
relational / object – object / object-XML persistence
middleware, that supports the Java Data Objects Standards
(JDO).

2.2 The following licenses for using the software are
available:

- Signsoft intelliBO 4.1 Professional Developer.
This license allows the use of the software on one
development computer. The license also allows a test run of
the developed software on another system. The deployment on
a productive systems is not allowed.

- Signsoft intelliBO 4.1 Professional Runtime/Server
This license allows the use of the software within a server
productive system and is valid for one application
respectively. If an application server is in use, a runtime
license needs be acquired for every application server
instance.

- Signsoft intelliBO 4.1 Professional Runtime/Local
This license allows the use of the software on a productive
system. The systems cannot be used within a network. Only
one physical user is allowed per workstation (desktop
application) during the runtime of the program.

2.3 By signing this license agreement the user has to
pay a license fee to the licensor. The current prices are
available in the price list which can be found on
www.intellibo.com. Prices include maintenance for one year
from the time of shipping.


3. Shipping of the software

The software is shipped electronically by download from the
website of the licensor.


4. Copyright

4.1 The software and the electronic documentation are
protected through German copyright law and international
agreements. The copyright laws cover source code, graphics
and logos. Each use, that is not expressly permitted
through this agreement is prohibited.

4.2 Copyright notes, serial numbers, logos and remarks
stating the licensor as the owner of the copyright must not
be removed or changed.


5. Right of Use

5.1 The licensor grants a non-exclusive and
non-transferable right to the customer to use the software
as well as the associated documentation.

5.2 The right of use is not granted for areas which could
harm life and physical conditions as well as health by not
assuring appropriate continuous operation. This includes
nuclear power stations, armoury systems, aeronautical
navigation and communication systems, life-saving machines
in hospitals as well as similar hazardous areas.

5.3 The software will be shipped as a machine readable
object code.

5.4 The customer is not allowed to change or translate the
software or to remove parts of the software, unless granted
by § 69e copyright law (decompilation).

5.5 The customer is allowed to copy the software according
to the number of acquired licenses that is necessary for
using the software as per this agreement.

5.6 The customer has the right to save the software on a
data storage medium for data-backup purposes. Other
duplications are prohibited. The customer must commit to
deleting the software from the hard drive when changing the
hardware.


6. Warranty

6.1 The licensor assures that the software runs properly as
per the documentation under regular operating conditions
and that the software has no material and manufacturing
defects. The licensor notes that it is not possible to
create computer software that works in all applications and
combinations that are free of defects under the current
state of the art.

6.2 Defects of the software (material and legal defects)
including the documentation are resolved by the licensor
within the legal terms of liability.
This is done within the choice of the customer through free
of charge removal of the defect or through replacement with
a free of defect software. Any cost incurred will be
covered by the licensor.

6.3 If the defect cannot be resolved within an appropriate
time or if the defect can’t be removed or replaced for
whatever reasons, the customer has the right to either
lower the cost of purchase, resign from the contract or
claim compensation for damages. The latter option is
regulated as per topic 7 in this agreement. The rescission
from the contract does not exclude the right to claim for
compensation.

6.4 The rectification of a defect or the replacement can be
only assumed as failed, if the licensor had the adequate
possibility to rectify the defect or replace the software
without succeeding. Or if rectification or replacement
becomes impossible due to refusal of acceptance or
unreasonable delay, or if there are proven doubts of the
success or for whatever unreasonable reasons.


7. Liability

7.1 Claims for compensation or replacement are regulated by
topics 7.2 to 7.4 of this agreement without any
consideration of the legal character of the claim.

7.2 The licensor is liable for all damages which have been
caused by deliberate acts or gross negligence. In the case
of slight negligence the licensor is unlimited liable for
damages to life, physical condition or health. Restrictions
to this can be found at topic 5.2. in this agreement.

7.3 Furthermore the licensor is only liable if a major duty
under contract (cardinal obligation) has been violated. In
these cases the liability is limited to the compensation of
the foreseen, typical damage.

7.4 The liability due to the regulation of the Product
Liability Act will remain unaffected (§ 14 ProdHG).


8. Duration of the License

If not agreed otherwise the software is considered as
purchased by a single payment and basically unlimited.


9. Agreement on the applicable Law

This agreement is made under the law of the Federal
Republic of Germany. United Nations Convention on the
International Sale of Goods is not applicable.


10. Place of Jurisdiction
As long as the user is a business person, a legal body or
public special asset, Dresden is the only place of
jurisdiction for all disputes related to this license
agreement.


11. Final Clause

If particular parts of this agreement are or become
invalid, it has no effect on the rest of this license
agreement.