• Licensing terms

    enaio® redline Community Edition


enaio® redline beta program license terms (license agreement)

COMMUNITY EDITION

  • 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
    Software.

    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
    from OS.

    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
    EDITION),

    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
    observed.

    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
    request.

  • 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