Formal Mind License – v 1.3
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS FORMAL MIND LICENSE („AGREEMENT“). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENTS ACCEPTANCE OF THIS AGREEMENT.
The following terms used in this Agreement shall have the following meanings, unless the context otherwise requires:
(a) Program shall mean the software owned by Formal Mind GmbH.
(b) Licensed Patents mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
(c) Recipient means anyone who receives the Program under this Agreement.
2. GRANT OF RIGHTS
Formal Mind GmbH hereby grants to the Recipient a non-exclusive, non-transferable, non-assignable license to use the Software solely by and for the benefit of the Recipient.
Formal Mind GmbH provides software that require a license key to operate as well as software that operates without a license key.
For Software operating WITHOUT a license key, Formal Mind GmbH grants an indefinite license.
For Software operating WITH a license key, Formal Mind GmbH grants a license that expires on the expiration date that is contained in the license key.
3. LIMITATION OF USE
Licensee shall not decompile, disassemble or otherwise reverse engineer any portion of the Program. Licensee shall not permit the removal of any existing copyright notice or other restrictive or proprietary legend from any Program. No Program may be used by, pledged or delivered to any third party.
4. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 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. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient’s patent(s), then such Recipient’s rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient’s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient’s rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient’s obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. This Agreement is governed by the laws of Germany and the intellectual property laws of Germany. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Jurisdiction is Düsseldorf, Germany.
8. APPLICABLE LICENSES
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
- Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
- Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
- Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
- IBM Public License 1.0 (available at http://oss.software.ibm.com/developerworks/opensource/license10.html)
- Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
- Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
- GNU Lesser General Public License v.2.1 (available at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html)
- Eclipse Public License v 1.0 (available at http://www.eclipse.org/legal/epl-v10.html)
More detailed information may be provided in the appendix.
Please consult the appendix.html file.