Cosima version 0.9 -- license.txt // please read chapter 10! Date: 01.05.2010 International license agreement =============================== Contents: 1. Object of the contract 2. Test phase 3. License 4. Reductions of the use 5. Propriety regulation 6. Copyright 7. Term of the contract 8. Guarantee 9. Liability by the supplier 10. Special notes by acquisition of preliminary releases 11. Severability clause 12. Area of jurisdiction 1. Object of the contract: ------------------------------------------------------------ Object of the contract is a use permission (followingly called license) of the computer program Cosima, which the company Andrea Herbig Production of stereo items and software Reutenhofstr. 42/2 D-71570 Oppenweiler cosima@herbig-3d.de http://www.cosima-3d.de (followingly supplier mentioned) grants to interested persons (followingly called user or licensee). Here it is pointed out expressly, that it is not possible after the today's state of the art to provide computer software, which works error free in all combinations and applications. The contractual item is therefore a program product, which fulfills the achievements described in the guidance and whose faultlessness corresponds to the state of the technique. For the examination of the suitability of the program to solve special tasks of the licensee and of the executability on its hardware a test phase with the not licensed version of Cosima software is intended. An use fitness or an executability in this sense is therefore in no case a component of this contract. The user accepts these conditions by first licencing and/or first use of the software. If he should be at a later time no more in agreement with the conditions of this contract, his rights at the software expire. It is referred here expressely to the chapter: "Special notes by acquisition of preliminary releases"! 2. Test phase: ------------------------------------------------------------ The use of the not licensed version of the program is in principle free. Each prospective customer can examine thus, whether the software corresponds to its requirements. It is therefore expected by the user, that he tests the program use in an test environment, in which program errors cannot lead to the loss of important data (or lost data can be restored from saftey devices). Another test field, as well as the unsupervised employment is illegal and leads to the loss of any claims for damages. 3. License: ------------------------------------------------------------ The supplier gives the right for the contract duration using the program Cosima. If the licensee is no natural person, it is not allowed to let more than two persons per license work with the program at a time. A multiple use (Site License) is permissible only according to express agreement with the supplier. A once acquired license entitles for the use of all future versions of COSIMA. The installation files of Cosima contain the freeware Exiftool, which is licensed unter the GPL (http://www.sno.phy.queensu.ca/~phil/exiftool/). The GPL text can be found in the subdirectory .\doc. The source code of exiftool will be supplied on request. 4. Reductions of the use: ------------------------------------------------------------ It isn't allowed to the licensee a) to handout the license-key to third parties in a form, which contradicts the license conditions, b) to amend the software, to crosscompile or to reassemble it, c) to create derived works, to multiply the written material, to translate or to amend it. 5. Propriety regulation: ------------------------------------------------------------ The licensee attains the unrestricted right to use, not however secondary rights at the software himself. The owner of all rights going beyond this present contract remains exclusively with the supplier Andrea Herbig and the author of the software. The supplier reserves itself in particular all publication-, duplication-, processing and utilization rights at the software. 6. Copyright: ------------------------------------------------------------ The available software is subject to the currently accepted copyright. It remains the authors intellectual property. The licensee is permitted to handout copies of the program for nonprofit purposes. Changes at the program or at the enclosed texts are illegal, in particular at the copyright notices which represent an injury of the copyright. It is expressly forbidden to publish or to handout from the supplier provided license-keys, which are to ensure the adherence to the conditions of the contract. 7. Term of the contract: ------------------------------------------------------------ The contract is temporally not limited. If the licensee violates the conditions of the contract, he loses the right to use the software. The supplier is then authorized to take up software technical measures, which prevent the use of the program by the licensee. 8. Guarantee: ------------------------------------------------------------ The supplier guarantees that the software is error free in the measure, as it corresponds to the state of the art. Serious errors (in particular such, which make the use by the licensee impossible or unreasonably strongly limits it) are repaired within an appropriate period, if the cause is to be assigned clearly to the supplier. 9. Liability by the supplier: ------------------------------------------------------------ A liability for damages of the licensee is only possible, if the user acted carefully processing his data, as well as considered the use restrictions of this license agreement and the damage was caused by gross negligence or intention of the supplier. If the licensee is a tradesman, also the cause of gross negligence by the supplier is excluded. The liability is above all expressly impossible, if the damage were caused by interaction or due to an error in the interaction of different components of the data processing hardware, i.e. if the problem does not lie clearly in the licensed software. A possible liability refers only to direct damages, not to consequential damages such as operational failure times or delays, escaped profits, demands for payment of damages or conventional penalties of third etc. In view of the fact, that software cannot be manufactured completely error free, it is considered as a condition for any demand for payment of damages against the supplier, that on the data processing hardware, on which the software is used, data backup is accomplished with the necessary care and regularity, which are necessary, in order to prevent the final loss of important data. 10.Special notes by acquisition of preliminary releases: ------------------------------------------------------------ All program releases with version numbers smaller than 1.0 are called preliminary releases. For these program releases the author reserves itself fundamental program modifications. These program modifications may contain in particular: - changes of the licencing algorithm - changes at the core algorithm for the image correction and thus changes at the correction result - changes at the program sequence - changes of the program output, in form and content - changes at the conversion method of image file formats - changes at the method for interactive setting of the stereo window - changes of the parameter names and changes of the allocations of certain detail functions to certain parameters and their values. If changes at the licencing algorithm should be necessary, all registered users receive new valid license-keys free of charge. Although program modifications usually are to cause function extensions and function improvements, also a degradation cannot be excluded with a certain image. This is not recognized expressly as reason for a contract resignation. 11.Severability clause: ------------------------------------------------------------ If parts of this present contract should offend against valid rights, only the smallest possible contract part (subset, paragraph, section) gets invalid and is replaced by an appropriate, legally permissible part. 12.Area of jurisdiction: ------------------------------------------------------------ The area of jurisdiction is Backnang, Germany.