enaio® redline beta program license terms (license agreement)
1.1. This Agreement is a license agreement between the Licensee
and OPTIMAL SYSTEMS GmbH (“OS”) for a functionally
constrained edition of the enaio® redline software, including
the associated documentation (collectively “Software”).
2.1 OS grants the licensee a non-exclusive right to use the
Software, free of charge, to install the Software in executable
form and to use it.
2.2 OS grants the licensees the right to use the Software only if
the licensee registers by name.
2.3 The licensee has received the licensing terms when
registering and has agreed to them before downloading the
2.4 If the Software is to be used for other purposes than
appropriate for the COMMUNITY EDITION (see section 3
Restrictions of the COMMUNITY EDITION), then the Licensee
must purchase an appropriate ENTERPRISE EDITION license
2.5 The right of use is granted for an indefinite period.
2.6 The granting of rights of use, and this license agreement, can
be terminated by OS at any time. If the licensee intends to use
the Software after termination, an appropriate license must be
purchased from OS.
2.7 The Software may contain technical restrictions that prevent
use after termination.
2.8 The Software may contain technical restrictions that prevent
other use than in accordance with the restrictions of the
Software (see section 3 Restrictions of the COMMUNITY
2.9 The Licensee may only use the software for its own purposes
to handle the internal business processes of its company or
for his private use.
2.10 The Licensee shall not be entitled to distribute, sublicense,
publicly reproduce, rent, loan, lease or otherwise make the
Software permanently or temporarily accessible to third
parties (e.g. in the context of Application Service Providing,
Software-as-a-Service or a data center operation for third
parties), unless OS has given its prior written consent. The
employees of the Licensee who need access to the software to
fulfill their contractual obligations are not third parties.
2.11 The Licensee may use the software as part of outsourcing at a
computer center operated by a service provider of the
Licensee. In doing so, the Licensee undertakes to ensure that
the rights of ownership and use specified in this contract are
2.12 The licensee must not use the Software for training systems,
test systems, development systems, backup systems or
standby systems, if such systems are used in accordance with
a productive ENTERPRISE EDITION (The licensee of the
ENTERPRISE EDITTION must purchase non-productive
instances of an ENTERPRISE EDITION for such purposes).
2.13 There shall be no transfer or granting of rights to source codes
and no granting of processing rights. Rights are granted
exclusively to the executable object codes. The rights of the
Licensee in accordance with Section 69e UrhG (German
Copyright Act) remain unaffected.
2.14 Copies of the Software are permitted only for its intended use.
Copyright notices, serial numbers, and markings may not be
removed or changed.
2.15 The Licensee’s right of use ends upon termination. The
Licensee shall immediately and completely cease using the
Software and completely delete all installations and copies of
the Software (including backup copies) available to the Licensee.
They will confirm the deletion to OS in writing upon
3.1 The COMMUNITY EDITION is restricted to a maximum of 3
floating concurrent accesses and to a maximum of 10.000
objects in an instance.
3.2 Floating concurrent access/CAL defines the maximum number
of users or other systems (technical/natural) that can access
the component simultaneously.
3.3 An instance is all those microservices that are registered as
clusters in a Service Discovery (e.g. Netflix Eureka Cluster on
premise or Kubernetes Cluster in the Cloud) and are therefore
jointly running together.
4.1 OS gives no warranty for the COMMUNITY EDITION of the
Software. Legal warranty claims due to intent or malice,
however, remain unaffected.
4.2 Liability of OS for damages resulting from and in connection
with the COMMUNITY EDITION of the Software is excluded,
except in the case of intent or gross negligence.
5.1 The Licensee’s general terms and conditions shall not become
part of the contract even if OS does not expressly object to
them. The Licensee’s general terms and conditions deviating
from these Licensing Terms are only valid if OS expressly
confirms this in writing.
5.2 German law shall apply exclusively to the exclusion of such
legal provisions that refer to other legal systems. The uniform
UN Convention on Contracts for the international Sale of
Goods (UNCITRAL) does not apply.
5.3 If the Licensee is a merchant, a legal entity under public law,
or a special fund under public law, the exclusive place of
jurisdiction for any disputes arising from and in connection
with this contract shall be Berlin, Germany. However, OS is
also entitled, at its discretion, to bring an action against the
Licensee at its general place of jurisdiction.
5.4 Should any provision of this Agreement be invalid, this shall
not affect the validity of the remainder of this Agreement if it
can be assumed that the Parties to the Agreement would still
have concluded the Agreement. In place of the invalid
provisions, a provision shall be deemed to have been agreed
which corresponds to the statutory provision. Should the
Parties to the Agreement have overlooked a point in need of
regulation in the contractual regulations, the regulation shall
be deemed to have been agreed as they would have agreed
had they known about the gap in the Agreement and taking
into account the interests of both Parties.
5.5 Changes or amendments to this agreement shall be made in
writing and signed by the authorized contact persons of both
contractual Parties in order to be effective. Cancellation of the
written form requirement shall also be made in writing in order
to be effective. The written form requirement is deemed to be
fulfilled in the case of communication by fax. An email does
not satisfy the written form requirement