TERMS AND CONDITIONS FOR USE, REPRODUCTION AND DISTRIBUTION
§1 Definitions
(1) “Subject Matter of the License” shall mean the works of software components in
Source or Object form as well as any other components protected under copyright, design
and/or patent law which are made available under this License.
(2) “License” shall mean the terms and conditions for the use, reproduction and distribution
of the Subject Matter of the License in accordance with the provisions of this document.
(3) “Licensor(s)” shall mean the copyright holder(s) or the entity authorized by law or
contract by the copyright holder(s) to grant the License.
(4) “You” (or “Your”) shall mean a natural or legal person exercising the permissions
granted by this License.
(5) “Source” form shall mean the preferred form for making modifications, including but not
limited to software source code, documentation source, and configuration files.
(6) “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.
(7) “Derivative Works” shall mean any work, whether in Source or Object form or any other
form, that is based on (or derived from) the Subject Matter of the License 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 Subject Matter of the License and Derivative Works thereof.
(8) “Contribution” shall mean any proprietary work, including the original version of the
Subject Matter of the License and any changes or additions to such work, or Derivative
Works of such work, that the rights holder, or a natural or legal person authorized to make
submissions, intentionally submits to a Licensor to be incorporated into the Subject Matter
of the License. For the purposes of this definition, “submit” shall mean any form of
electronic or written communication which is sent to a Licensor or its representatives for
the purpose of discussing or improving the Subject Matter of the License, including
but not limited to communications sent via electronic mailing lists, source code control
systems and issue tracking systems; however, communications that are clearly marked by
the copyright holder as “not a contribution” or otherwise identified as such in writing are
excluded.
(9) “Contributor” shall mean the Licensor(s) and/or any natural or legal person on whose
behalf the Licensor(s) receive(s) any Contribution subsequently incorporated into the
Subject Matter of the License.
§2 Grant of usage rights
Subject to the terms and conditions of this License and compliance with the provisions of
this License, You are hereby granted by each Contributor, insofar as applicable to the
respective Subject Matter of the License the
- royalty-free and non-exclusive,
- sub-licensable for commercial and non-commercial purposes,
- worldwide and perpetual,
- irrevocable and non-terminable
right to reproduce, prepare Derivative Works of, publicly display, publicly perform, and
distribute the Subject Matter of the License and such Derivative Works in any form. This
right of use includes but is not limited to the right - to use the Subject Matter of the License in any hardware and software environment (with
regard to the software and data components), in particular to store or load it permanently
or temporarily, to display it and run it, including to the extent reproductions are necessary
to that end, to otherwise modify, interpret, edit or redesign it, - to store, reproduce, exhibit, publish, distribute it in tangible or intangible form, on any
medium or in any other way, for commercial and non-commercial purposes, in particular to
communicate it privately or publicly, including via image, audio and other information
carriers, irrespective of whether by wire or wireless means, - to use it in databases, data networks and online services, including the right to make the
software and data components of the Subject Matter of the License available in Source or
Object form to users of the aforementioned databases, networks and online services for
research and retrieval purposes, - to allow third parties to use or operate it,
- to use it for own purposes but also to provide services to third parties,
- to distribute it
in its original or modified, interpreted, edited or redesigned form.
The foregoing right of use relates to the Subject Matter of the License, in particular to its
Source and Object form of software components (including design rights, where
applicable).
§3 Grant of patent license
Subject to the terms and conditions of this License and compliance with the provisions of
this License, You are hereby granted by each Contributor a
- royalty-free and non-exclusive,
- worldwide and perpetual,
- irrevocable (with the exception of the restrictions set out in this Section 3)
patent license in all rights deriving from the patents, owned and licensable by the
Contributor at the time of the submission of the Contribution, to - produce,
- have produced,
- use,
- offer for sale,
- sell,
- import and otherwise transfer
the Subject Matter of the License.
However, said patent license shall cover only those rights deriving from the patents of the
respective Contributors which are indispensable in order not to infringe that patent and
only to the extent that the use of the Contributor’s respective Contributions, whether alone
or in combination with other Contributions of the Contributors or any third parties together
with the Subject Matter of the License for which these Contributions were submitted, would
otherwise infringe that patent. The grant of license shall not include rights deriving from the
patents which may in future become necessary for their lawful use due to subsequent
modifications to the Subject Matter or Contributions made by third parties after the original
submission.
In the event that You institute patent litigation against any entity or person (including a
counterclaim or countersuit in a legal action), alleging that the Subject Matter of the
License or a Contribution incorporated or contained therein constitutes patent infringement
or indirect infringement, all patent licenses which have been granted to You under this
License for the Subject Matter of the License as well as this License itself shall be deemed
terminated as of the date on which the action is filed.
§4 Distribution
You may reproduce and distribute copies of the Subject Matter of the License or Derivative
Works on any medium, with or without modifications (with regard to software components
in Source or Object form), provided that You comply with the following rules:
- You must provide all other recipients of the Subject Matter of the License or of Derivative
Works with a copy of this License and inform them that the Subject Matter of the License
was originally licensed under this License. - You must ensure that modified files contain prominent notices indicating that You have
modified the files. - You must retain all copyright, patent, trademark and attribution notices in the Subject
Matter of the License in the Source form of any Derivative Works You distribute, with the
exception of those notices that do not pertain to any part of the Derivative Works.
You may add Your own copyright notices to Your modifications and state any additional or
different license conditions and conditions for the use, reproduction or distribution of Your
modifications or for those Derivative Works as a whole, provided that Your use,
reproduction and distribution of the work complies with the terms and conditions set out in
this License in all other respects.
§5 Submission of Contributions
Unless expressly stated otherwise, every Contribution that You have intentionally
submitted for inclusion in the Subject Matter of the License is subject to this License
without any additional terms or conditions applying. Irrespective of the above, none of the
terms or conditions contained herein may be interpreted to supersede or modify the terms
or conditions of any separate licensing agreement that You may have concluded with a
Licensor for such Contributions, such as a so-called “Contributor License Agreement”
(CLA).
§6 Trademarks
This License does not grant permission to use the trade names, trademarks, service
marks or product names of the Licensor(s) or of a Contributor.
§7 Limited warranty
This License is granted free of charge and thus constitutes a gift. Accordingly, any
warranty is excluded. The Subject Matter of the License is a work in progress; it is
constantly being improved by countless Contributors. The Subject Matter of the License is
not complete and may therefore contain errors (“bugs”) or additional patents of
Contributors or third parties, as is inherent in this type of development.
§8 Limitation of liability
Except in cases of intentional and grossly negligent conduct, the Contributors, their legal
representatives, trustees, officers and employees shall not be liable for direct or indirect,
material or immaterial loss or damage of any kind arising from the License or the use of
the Subject Matter of the License; this applies, among other things, but not exclusively, to
loss of goodwill, loss of production, computer failures or errors, loss of data or economic
loss or damage, even if the Contributor has been notified of the possibility of such loss or
damage. Irrespective of the above, the Licensor shall only be liable within the scope of
statutory product liability to the extent that the respective provisions are applicable to the
Subject Matter of the License or the Contribution.
Except in cases of intentional conduct, the Contributors, their legal representatives,
trustees, officers and employees shall not be liable for any infringement of third-party
patent or intellectual property rights arising from the Contributions nor do they warrant that
the Contributions are accurate, devoid of mistakes, complete and/or fit for any particular
purpose.
§9 Provision of warranties or assumption of additional liability in the event of distribution of
the Subject Matter of the License
In the event of distribution of the Subject Matter of the License or Derivative Works, You
are free to accept support, warranty, indemnity or other liability obligations and/or rights
consistent with this License and to charge a fee in return. 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 You hereby 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.
§10 Applicable law
This License is governed by German law, excluding its conflict of laws provisions and the
provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).