Last date of change: 2015-11-30
1 Subject of the Contract: The license terms of SmartSVN 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 SmartSVN (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 and the license file (a file that is custom-made for each individual granting of a license, the file being necessary for the operation of the SOFTWARE).
2.2 They are not valid for additional services such as installation, integration, parameterization and customization of the SOFTWARE to the licensee's requirements.
2.3 If the licensor grants a "life-long" license, the licensee may use any new SOFTWARE version which has been released by the licensor until the SOFTWARE has reached its end of life. It's at the sole discretion of the licensor to declare the SOFTWARE's end of life.
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 is handed over to the licensee for its intended use. The scope of the intended use as well as the kind and scope of the rights of use result from the assignment contract and said license terms. They especially depend on whether the licensee gets a
3.2.1 If a SOFTWARE Foundation License is agreed upon with the licensee, 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 within the range of functions which was technically released for the SOFTWARE Foundation version
that means to have the SOFTWARE saved, loaded, displayed and run permanently or temporarily.
3.2.2 If a SOFTWARE Professional License or a SOFTWARE Enterprise License is agreed upon with the licensee, the licensor grants the licensee the non-exclusive, non-transferable right, which is terminable according to the terms of clause 7 or permanent, to have the SOFTWARE used
3.3 The licensee undertakes to take care that the intended use of the SOFTWARE is assured by appropriate technical and organizational measures.
3.4 The licensee is obliged to back up the data orderly and regularly (especially with respect to working copies and repositories).
3.5 The licensee is entitled to produce one backup from the SOFTWARE.
3.6 The licensee is not entitled to translate, process, arrange the SOFTWARE differently or adapt or alter it and to copy the achieved results.
3.7 The licensee is not entitled to distribute the SOFTWARE. This comprises any form of sublicensing, especially selling, letting, leasing or lending. Passing on the license file, a digitally signed file containing name and address of the licensee which allows the technical exploitation of the SOFTWARE is also considered to be a form of distribution.
3.8 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.
3.9 The licensee undertakes not to decompile the SOFTWARE.
4.1 If the SOFTWARE is handed over only for test purposes, the licensor grants the licensee the non-exclusive, non-transferable right, limited to the test period of thirty-one (31) days, to have a non-registered copy of the SOFTWARE (demo) used on a arbitrary number of single-user computers or on a central server or via terminal server clients by a arbitrary number of users simultaneously for test purposes only, that means not productively, which again means to have the SOFTWARE saved, loaded, displayed and run permanently or temporarily.
4.2 The demo of the SOFTWARE includes a function that terminates the use of the SOFTWARE after the expiration of the test period. After the payment of the agreed-upon license fee and the agreement to said license terms within the agreed-upon scope, this function is deactivated and the licensee gets the agreed-upon rights of use according to these license terms. Bypassing this technical protective function results in an immediate loss of all conceded rights of use. In this case a termination according to clause 5 is no longer applicable.
5 Check for Updates/Internal Error reporting
5.1 The SOFTWARE contains features which will automatically connect to licensor's servers to
The sent data contains NO POTENTIALLY SENSITIVE INFORMATION. The user can opt-out from both SOFTWARE features.
5.2 Only upon user confirmation the SOFTWARE will send a full "bug report" to licensor for investigation. The contents of a full "bug report" may contain POTENTIALLY SENSITIVE INFORMATION and should be reviewed by the licensee before sending.
5.3 The licensor treats the information sent by the licensee according to 5.2 as confidential and only uses it to enhance or fix problems in the SOFTWARE or other software of the licensor.
6.1 When the SOFTWARE is handed over cost-free or for test purposes, the licensor is only liable in case that malice or gross negligence are blamed on him.
6.2 The licensee's rights on indemnification due to a certain lack are excluded, if, for example, he has known the lack at the conclusion of the contract, especially when there had been a test phase before that date. If the licensee has not known of a lack due to gross negligence, he can only claim rights with respect to that lack if the licensor had fraudulently concealed the lack or had taken over a guarantee for the quality of that object.
6.3 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.
6.4 For the rest, kind and scope of liability are fixed in the respective sales contracts.
6.5 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 licensor or only consummates them in agreement with the licensor.
7 Termination of the Rights of Use
7.1 The contractual relationship can be terminated by either party with written notice on the agreed-upon period.
7.2 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. In this case the fee will not be refunded.
7.3 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.
7.4 The other legal provisions remain untouched.
8 Applicable Law and Place of Jurisdiction
8.1 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.
8.2 The licensor has the right to change this license agreement for new SOFTWARE versions. By using these new SOFTWARE versions the new license agreement supersedes any older one.
8.3 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.
9 The following third parties have rights on parts of the SOFTWARE:
The licensee is obliged to abide by these third parties license terms. Consequently they are part of this license agreement.