License Agreement for InfoZoom Anywhere
humanIT Software GmbH
- humanIT Software GmbH (humanIT) provides software (Contract Software) to end users (Licensees) on the basis of this License Agreement. The Licensee’s terms and conditions shall not apply to humanIT, even if they contain clauses that are not governed by this License Agreement and humanIT does not expressly object to these terms and conditions.
- Modifications and amendments to this License Agreement shall be invalid, unless they are made in writing. This also relates to this written form requirement and waivers relating thereto. No oral side agreements have been reached.
- If a provision herein is or becomes partly or completely invalid or if the License Agreement has a regulatory deficit, the validity of the remaining provisions shall remain unaffected. The parties shall replace such invalid provision or regulatory deficit by a valid provision that most closely approximates the desired economic result of the provision which was invalid or had a regulatory deficit.
- The place of jurisdiction shall be the registered office of humanIT, unless this conflicts with indispensable statutory provisions.
- humanIT grants the Licensee the non-exclusive, non-transferable right to use the Contract Software for their own purposes.
- The Contract Software is licensed on the basis of various license models, which are described in the following. The agreed license model per product can be found in the individual contract. In some cases, technical devices are used to ensure compliance with the license terms (activation codes, dongles etc.).
Each copy of the contract software provided may only be installed and used on a single server. The same applies to the corresponding media and printed materials.
b. Concurrent Infoscape License:
In this case, the customer is only entitled to use the contract software with simultaneous access to a specific machine or server by the number of Infoscapes specified in the individual contract. The Licensee may make backup copies of the Contract Software.
- The Contract Software may only be stored on such hardware that is fully owned by the Licensee. He may not reproduce the Contract Software in any other way.
- Interference of any kind with the contract software, including decompilation, disassembly, reverse engineering and separation of its components, is not permitted.
- The Licensee is not entitled to rent or lease the contract software to third parties. He may, however, permanently transfer all his rights under this Agreement to third parties, provided he does not retain any copies and the recipient agrees to the terms of these Terms and Conditions.
- If the Licensee has concluded a maintenance contract for the Contract Software, he is entitled to request and use new versions of the Contract Software for the duration of the maintenance contract. If the Licensee decides to use the current version of the Contract Software, old versions of the Contract Software may no longer be used and must be removed.
- The Licensee acknowledges that the Contract Software is fully capable of being protected by copyright and is fully protected by copyright, and that all copyrights therein are owned by humanIT or its licensors.
- The Licensee shall adopt the trademarks and names of the programs and any copyright notices stipulated by humanIT as they stand. The Licensee is not entitled to remove copyright notices affixed to data media and other documents. Furthermore, the Licensee shall refrain from registering such trademarks, other names and equipment on his own name, or to otherwise infringe such trademarks, other names and equipment.
- humanIT warrants that the Contract Software is free of material and manufacturing defects, which significantly diminish its value or reduce its functionality. Within the scope of their capability and within a reasonable period, humanIT shall remedy any malfunctions which do not arise from material or manufacturing defects and which significantly diminish the value or reduce the functionality of the Contract Software.
- Any correction of defects performed according to the above no. 1 will be made by repair or replacement.
- humanIT assumes no responsibility for errors in the Contract Software arising from modifications or amendments to the Contract Software carried out by the Licensee.
- The liability for damages arising from the lack of warranted characteristics is limited to the scope of the warranty. Warranted characteristics are only those characteristics that have been expressly qualified as such.
- Neither humanIT nor its suppliers shall be liable to compensate for any damage (includes, without limitation, loss of profit, business interruption, loss of business information or data or other financial loss) arising from the use of the Contract Software or the incapability of using the Contract Software. In any event, humanIT’s liability shall be limited to the amount actually paid by the Licensee for the Software. This exclusion does not apply to damage caused by intent or gross negligence on the part of humanIT. Likewise, claims based on indispensable statutory provisions on product liability shall remain unaffected.
Parts of this Software are subject to license terms of third parties.
These extended license terms are listed below.
Apache License Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
- Definitions.”License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.”Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.”Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means
(i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.”You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License.”Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.”Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
“Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
“Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
- Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
- Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a “NOTICE” text file as part of ist distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
- Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
- Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
- Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
- Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
© 2017 humanIT Software GmbH. All rights reserved.
humanIT Software GmbH
Brühler Straße 9
Phone: +49 (228) 90 95 4 – 0
Fax: +49 (228) 90 95 4 – 11