# License Agreement for SmartCVS

Last date of change: 2014-12-18

## 1 Subject of the Contract

The license terms of syntevo GmbH (hereinafter called "licensor") are applied for the concession of the rights of use for the entire or partly use of the object code of the software SmartCVS (hereinafter called "SOFTWARE") to contractors, juristic persons under public law or official fund assets in terms of §310 in conjunction with §14 BGB [Civil Code] (hereinafter called "licensee"). Herewith the inclusion of the licensee's own terms and conditions is contradicted, unless their validity has explicitly been agreed to.

## 2 Scope of the Rights of Use

2.1 The following terms are valid for the assignment and use of the SOFTWARE for an unlimited period of time including any documentation.

2.2 They are not valid for additional services such as installation, integration, parameterization and customization of the SOFTWARE to the licensee's requirements.

## 3 Rights of Use

3.1 The SOFTWARE is partly copyrighted in favour of the licensor and partly in favour of other holders of rights.

3.2 The SOFTWARE must not be used for purposes which directly or indirectly may result in injuries of life, body, health of human beings or injuries of animals or ecological damages (e.g. no use for atomic reactors, weapons and medical appliances).

3.3 The licensor grants the licensee the non-exclusive, non-transferable right, which is terminable according to the terms of clause 5 or permanent, to have the SOFTWARE used

- on a arbitrary number of single-user computers or on a central server or via terminal server clients
- simultaneously by a arbitrary number of users,

that means to have the SOFTWARE saved, loaded, displayed and run permanently or temporarily.

3.4 The licensee undertakes to take care that the intended use of the SOFTWARE is assured by appropriate technical and organizational measures.

3.5 The licensee is obliged to back up the data orderly and regularly (especially with respect to working copies and repositories).

3.6 The licensee is entitled to produce one backup from the SOFTWARE.

3.7 The licensee is not entitled to translate, process, arrange the SOFTWARE differently or adapt or alter it and to copy the achieved results.

3.8 The licensee is not entitled to distribute the SOFTWARE. This comprises any form of sublicensing, especially selling, letting, leasing or lending.

3.9 The licensee is not entitled to make the SOFTWARE publicly accessible in such a way that it is accessible to the public at any place and at any time.

3.10 The licensee undertakes not to decompile the SOFTWARE.

## 4 Liability

4.1 The licensor is only liable in case that malice or gross negligence are blamed on him.

4.2 The licensee's rights on indemnification due to a certain lack are excluded.

4.3 In case of data loss the licensor is only liable for the effort that would have been necessary for the recovery of the data, provided that the data backup was properly executed by the licensee.

4.4 If a third party asserts rights against the licensee because of claimed infringement of the SOFTWARE, the licensee is entitled to the rights defined in the corresponding sales contract. However this only applies, if the licensee immediately notifies the licensor about the claims of the third party, does not accept any claimed infringement and either leaves any legal actions, including possible out-of-court arrangements, to the licensee or only consummates them in agreement with the licensee.

## 5 Cancellation of the Rights of Use

5.1 If the licensee culpably and seriously violates the agreed-upon rights of use or intellectual property rights of the entitled person, the licensor can cancel the rights to use the respective SOFTWARE.

5.2 In case of cancellation the licensee is obliged to destroy the original of the SOFTWARE affected by the cancellation including any documentation and all copies or to return them to the licensor. If demanded by the licensor, the licensee will deliver a statement certifying the destruction.

5.3 The other legal provisions remain untouched.

## 6 Applicable Law and Place of Jurisdiction

6.1 The law of the Federal Republic of Germany is applicable for all legal relationships of the parties excluding the laws on the international sale of goods.

6.2 If the licensee is a merchant, a juristic person under public law or a person having special property under public law, the exclusive place of jurisdiction for all disputes from this contract will be the licensor's place of business. The same is applicable for the case when the licensee does not have a domestic place of general jurisdiction in Germany or the licensor's residence or habitual abode are not known at the time of filing an action. The licensor's capacity to apply to the court of a different place of jurisdiction remains untouched.

## 7 Integration

The following third parties have rights on the following parts of the SOFTWARE:

- J2SSH Maverick, copyright 2004 by 3SP Ltd., all rights reserved (http://www.3sp.com)
- JavaCVS module of SUN/Netbeans (the altered source code is bundled in the object code of the SOFTWARE and is subject to the Sun Public License, which can be found at http://www.sun.com).
- JGoodies Looks, copyright 2005 by Karsten Lentzsch (https://looks.dev.java.net)
- JIDE Common, copyright 2008 by JIDE Software Inc. (http://www.jidesoft.com), released under the free commercial license (http://www.jidesoft.com/purchase/SLA.htm)
- JNA, copyright 2008 by Timothy Wall and Wayne Meissner (https://jna.dev.java.net), released under the Lesser General Public License (LGPL, see http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html)
- Quaqua Look and Feel, Copyright 2008 by Werner Randelshofer (http://www.randelshofer.ch)

The licensee is obliged to abide by these third parties license terms. Consequently they are part of this license agreement.

## Appendix

### License Agreement for Quaqua Look And Feel (http://www.randelshofer.ch)

Copyright 2008 by Werner Randelshofer. All Rights Reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

### License agreement for JGoodies Looks (https://looks.dev.java.net)

Copyright 2005 by Karsten Lentzsch. All Rights Reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.