GTC - Third-party software components and licence conditions

Version 05/2024

1. Scope of application and validity

These licence conditions apply to the contractual software (together with documentation in the form of user manuals and installation instructions) that GAPTEQ makes available to the customer. The software and the documentation are protected by German copyright law and international treaties. GAPTEQ and third-party manufacturers hold intellectual property rights to the software.

2. Rights of use to the software

2.1 Upon payment of the agreed remuneration, GAPTEQ grants the customer the non-exclusive and time-limited right to use the software (i) in unmodified form, (ii) for its own purposes in its own company and in group companies within the meaning of Section 15 AktG, (iii) to the extent of the agreed type of use in accordance with these licence terms on the basis of the contractual provisions of the underlying software rental agreement and the applicable General Terms and Conditions for the software rental agreement.

2.2 Unless expressly stipulated otherwise in the software rental agreement, the applicable licence and usage terms (EULAs) of the respective third-party manufacturer shall apply accordingly to the granting of usage rights for software and/or software components from third-party manufacturers. They shall become an integral part of the software licence agreement concluded between the contracting parties and are an annex thereto. The customer agrees to these terms and conditions upon conclusion of the software rental agreement. Insofar as the contractual terms and conditions of the respective third-party manufacturer contain provisions that deviate from those in these licence conditions or in the underlying software rental agreement, the contractual terms and conditions of the third-party manufacturer shall take precedence.

2.3 If software from GAPTEQ is provided together with software and/or software components from third-party manufacturers as part of a standardised solution, the customer may only use all jointly supplied software components together, unless the parties have reached a written agreement to the contrary.

2.4 For open source software, the licence conditions to which the respective open source software is subject shall take precedence over these licence conditions. Insofar as these licence conditions provide for the release of the source code, GAPTEQ will make this available at the request of the customer, insofar as possible, in return for corresponding reimbursement of expenses.

3. Scope of use

3.1 The specific scope of use per software depends on the type and scope of the licences and users (end users) purchased. If no specific type of use has been agreed in the software rental contract, the GAPTEQ Repository Server may only be stored on one system unit (server/instance). The number of users depends on the number of users registered by the customer as active in the respective GAPTEQ Repository Server.

The customer shall neither translate nor edit the software - except in cases expressly permitted by law - without the written consent of GAPTEQ. The customer is only entitled to modify the software to create interfaces to other programs and to eliminate errors if GAPTEQ or a company authorised by GAPTEQ is prepared to perform the necessary services on reasonable terms. The customer only has the right to decompile the software in the aforementioned cases. The right is excluded if the information required to establish the desired interoperability with other programmes has been published or otherwise made available to the customer. Otherwise, decompilation is only permitted insofar as this is necessary for the aforementioned actions. The information thus obtained may not be used for any other purpose (in particular not for commercial purposes). Any further utilisation in the form of modification, decompilation or reverse engineering is not permitted.

3.2 In the event of a change of technical infrastructure or server, all installations on the infrastructure or server to be replaced must be deleted.

3.3 When using the software, the customer must comply with the system requirements defined by GAPTEQ (technical framework conditions), which are an annex to the software rental agreement.

3.4 In accordance with the right of use transferred by GAPTEQ, the customer is obliged to take appropriate technical and organisational measures to ensure that the software is only used within the scope of use granted.

4. Protection of the software, documentation

4.1 The customer may make backup copies of each software in the absolutely necessary number for data backup, insofar as this is necessary for the contractual use of the software (i.e. installation of the software on the mass storage of the hardware used, loading and saving the software in the working memory, loading, displaying and playing the software and other storage processes associated with the intended use). In doing so, the customer must reproduce all copyright notices, serial numbers and indications of origin unchanged and keep records of the whereabouts of the copies, which GAPTEQ may inspect on request.

4.2 The removal of copy protection or similar protection routines is only permitted if this protection mechanism impairs or prevents the trouble-free use of the software. The customer bears the burden of proof for the impairment or prevention of trouble-free usability by the protection mechanism.

4.3 The customer does not have the right to use the company name or registered trademarks of GAPTEQ, except for the copyright notice.

4.4 The customer is obliged to take suitable technical and organisational measures to prevent unauthorised access by third parties to the software (e.g. licence keys or similar), to the documentation and to copies thereof. Delivered original data carriers and any backup copies must be stored in a place secured against unauthorised access by third parties. The customer shall expressly instruct its employees to whom it grants access to the software to comply with these licence conditions.

4.5 The customer is obliged to keep the documentation provided to him as well as changes communicated in writing or by telephone or other notifications concerning contractual services up to date and to archive them.

Third-party manufacturer licence conditions for the software rental agreement

Open source libraries

The software contained in this installation package may contain certain open source libraries from third-party providers.

Use of the open source libraries included in the software is subject to each individual open source library licence and is subject to the disclaimers and limitations of liability set forth in each open source library licence.

The Open Source Libraries are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall GAPTEQ, the authors or copyright holders be liable for any claims, damages or other liability, whether in contract, tort or otherwise, arising out of or in connection with the Open Source Libraries or the use thereof.

The open source libraries listed in this section are included in this software:

SQLite (Open Source - Microsoft Public Licence)

System.Data.SQLite and System.Data.SQLite.EF6

https://system.data.sqlite.org/index.html/doc/trunk/www/copyright.wiki

PostgreSQL Database Management System

(formerly known as Postgres, then as Postgres95)

Permission to use, copy, modify, and distribute this software and its documentation for any purpose, without fee, and without a written agreement is hereby granted, provided that the above copyright notice and this paragraph and the following two paragraphs appear in all copies.

IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

Jint

BSD 2-Clause Licence

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.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT HOLDER OR CONTRIBUTORS 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.

ASP.NET Core Web Optimiser (Apache License, Version 2.0, January 2004)

https://github.com/ligershark/WebOptimizer?tab=Apache-2.0-1-ov-file#readme

Serilog (Provided under the Apache Licence, Version 2.0)

https://github.com/serilog/serilog?tab=Apache-2.0-1-ov-file#readme

Bootstrap (Open Source - MIT Licence)

https://github.com/twbs/bootstrap/blob/v4-dev/LICENSE

cldr-core

http://unicode.org/copyright.html

cldr-dates-full

http://unicode.org/copyright.html

cldrjs JavaScript Library (Open Source - MIT Licence)

http://rafael.xavier.blog.br

https://github.com/rxaviers/cldrjs/blob/master/LICENSE

cldr-numbers-full

http://unicode.org/copyright.html

ExcelJS JavaScript Library (Open Source - MIT Licence)

https://github.com/exceljs/exceljs/blob/master/LICENSE

FileSaver.js JavaScript Library (Open Source - MIT Licence)

https://github.com/eligrey/FileSaver.js/blob/master/LICENSE.md

Fluent UI System Icons (Open Source - MIT Licence)

https://github.com/microsoft/fluentui-system-icons/blob/main/LICENSE

Globalize JavaScript Library (Open Source - MIT Licence)

http://jquery.org/license

inferno (Open Source - MIT Licence)

https://github.com/infernojs/inferno/blob/master/LICENSE.md

jQuery JavaScript Library (Open Source - MIT Licence)

http://jquery.com/

JSZip JavaScript Library (Open Source - MIT Licence)

https://stuk.github.io/jszip/

Material Design Icons/Symbols (Open Source - Apache 2.0)

https://github.com/google/material-design-icons/blob/master/LICENSE

Roboto Font (Open Source - Apache 2.0)

https://github.com/google/roboto/blob/master/LICENSE

rrule (Open Source - BSD-3-Clause Licence)

https://github.com/jakubroztocil/rrule/blob/master/LICENCE

Turndown (Open Source - MIT Licence)

https://github.com/mixmark-io/turndown/blob/master/LICENSE

Download third-party software components and licence conditions (version 05/2024)

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