Software License Agreement
Signsoft intelliBO 4.1 Community Edition
Dated: 1 June 2007
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 Community Edition
(Software) and the electronic documentation that comes with it between Signsoft GmbH (Licensor),
Leipziger Strasse 118, 01127 Dresden and the user (customer). The use of the software is free of
charge.
2. Subject matter of Agreement and Compensation
| 2.1 |
Signsoft intelliBO 4.1 Community Edition is an object relational /
object – object / object-XML persistence middleware, that supports the Java Data Objects Standards
(JDO). |
| 2.2 |
This software has certain restrictions compared to the license of
Signsoft intelliBO 4.1 that comes with costs. The whole scope of benefits of the software is
described at www.intellibo.com. |
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 not permitted to use Signsoft intelliBO 4.1 CE for
commercial applications. |
6. Warranty
Warranty is excluded.
7. Liability
| 7.1 |
Claims for compensation or replacement are regulated by topics 7.2 to
7.5 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. 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.
9. 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.
10. Final Clause
If particular parts of this agreement are or become invalid, it has no effect on the rest of
this license agreement.
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