License Agreement
January, 2005
Preamble
The aim of this licence agreement is to enable the free use of the software that is described in the sequel by anyone. In order to guarantee this, it is necessary to set up rules for the use of the software that hold for any user.
Provider of this licence is the
Following the ideas of open source software, the licence
provider gives access to the software without fee for anyone
(called "licence taker" in the sequel) under the following
conditions which are similar to the
Paragraph 1: Principle
Each licence taker appreciating these terms of use receives a simple right, not resctricted in time and space and without any fee, to use the software, in particular, to copy, distribute and process it. Exclusively the following terms of use do hold. The licence provider explicitly contradicts any conflicting terms of business. By making use of the rights described below, in particular by copying or distributing it, a licence treaty between the licence provider and the licence takes is concluded.
Paragraph 2: Copying
The licence taker has the right to make and distribute unmodified copies of the software on any media. Prerequisite for this is that the licence provider and this licence agreement is clearly recognizable, and that the sources are distributed together with the software, if the sources have been distributed by the license provider already.
Paragraph 3: Modification and Distribution
The licence taker has the right to modify copies of the software (or parts thereof) and to distribute these modifications under the terms of Paragraph 2 above and the following conditions:
1. The modified software has to carry a clear mark that points to the original licence provider, the modification that has been made, and the date of the modification.
2. The licence taker has to ensure that the software as a whole or parts of it are accessible to third parties under the terms of this licence agreement without fee.
3. If during the modification a copyright of the licence taker emerges, then this copyright must be put under the terms of this licence if the modified software is distributed.
Paragraph 4: Other duties
1. Reference to the validity of this licence agreement must not be modified or deleted by the licence taker.
2. The use of the software by third parties must not be conditioned by the fulfilment of duties that are not mentioned in this licence agreement.
3. The use of the software must not be prevented or complicated by means fo technical protection, in particular copy protection means.
Paragraph 5: Liability, Update
1. Liability of the licence provider is restriced to fraudulent withheld factual or legal errors. The licence provider does not give any warranty, and neither ensures any properties of the software. Furthermore, he is liable only for those damages that are caused by willful or grossly negligent violation of duty.
2. The licence provider has the right to update these terms of use at any time.
Paragraph 6: Forum for users
The licence provider does provide neither support nor consultation. Without acknowledgement of any legal duty, the licence provider will care about the installation of a user forum for discussions about the software and its further development and will name an e-mail address to which questions about the software can be send and will be answered.
Paragraph 7: Legal domicile
It is agreed that the law of the Federal Republic of Germany is valid for this licence agreement. For any lawsuits or legal actions emerging from this licence agreement, it is agreed that exclusively German courts are competent. Legal domicile is Bremen.
Paragraph 8: Termination through Offence
Any violation of a duty of this agreement automatically terminates the rights of use of the offender.
Paragraph 9: Salvatorian Clause
If any rule of this agreement should be or become inoperative, validity of the other rules is not affected. The parties will care about replacing the invalid rule by some valid rule that comes close to the purpose of this agreement.
