LicenseAgreement
iplus-framework: A software developed by gipSoft that is both a framework, a class library, a development environment and a runtime environment at the same time.
iplus-MES: A software developed by gipSoft based on the iplus-framework for the control of industrial production.
Software, iplus: iplus-framework and iplus-MES are hereinafter referred to as software or iplus for short and are to be regarded as different products.
Developer: A person who uses iplus-framework to develop new applications and solutions that run in the runtime environment.
Third-party software: Software components and applications that are developed by the developers on the basis of the iplus framework and then distributed commercially or non-commercially.
Productive operation: When applications are used for commercial purposes. The state of productive operation occurs when the software has first connected to a database that manages data for a commercial purpose. In an OEM scenario, where the software is available as a standalone or embedded solution, productive operation occurs when the manufacturer delivers its complete product.
Test operation, private use: When applications are not used for commercial purposes or are not used for testing.
User: A natural person who uses both the iplus-framework runtime environment and the created applications and third-party software in productive operation. Developers are not users if they only use the software in test operation.
End customer or licensee: A legal entity that is either the user himself or represents the users within a company or is an OEM.
Integrator: ISVs (Independent Software Vendors) or VARs (Value Added Resellers) or system integrators who provide the software to the user as a service and, if necessary, also take over system support and system maintenance. Integrators are not users if they only use the software in test operation.
Customer-specific solution: All files, configurations and program code that have been created for the user in connection with the iplus-framework.
Application Session: The operating system session when a user has logged on. The execution of the iplus framework runtime as an operating system service.
The iplus Community Edition is licensed under the GPL-V3 license. The Community Edition is the software as source code or the compiled software for test operation. See https://www.gnu.org/licenses/gpl-3.0.en.html . See also the https://www.gnu.org/licenses/gpl-faq.en.html.
Both are regulated according to GPL-V3. See https://www.gnu.org/licenses/gpl-3.0.en.html
The iplus Commercial Edition is licensed under the iplus Commercial Edition License v1.0, as defined as follows:
The Commercial Edition is the compiled software for productive operation.
a) gipSoft grants the licensee a right to use the software for an unlimited period of time and space.
b) This Software and related files may only be used with the lawful acquisition of the Commercial Edition in accordance with the fee schedule described in 2.3.2. As long as the software is working in test operation and no license has been purchased, the user is granted the rights from the Community Edition. As soon as productive operation has occurred once, the purchase of the Commercial Edition is mandatory within 30 days. Once software has been in productive operation, it can no longer be downgraded to test operation. However, it is allowed to connect to other databases that are in production or test operation. The number of licenses required is based on the maximum number of concurrent application sessions, regardless of the number of concurrent databases connected in production. This maximum value can be displayed at any time using the software. It is not permitted to connect to a database in production operation with the software if the software is licensed according to the Community Edition. In this case, developers are users.
c) Third-party software (third-party software components that are executed by the iplus-framework runtime environment) may only be used with the software if the license of the third-party software is compatible with the terms of the iplus Commercial Edition license.
d) It is prohibited to publish, distribute, sublicense or sell copies of the Software or modified copies of the Software.
e) The software is only functional in conjunction with database software that is not included in this licensing and must be purchased separately by the licensee from the respective manufacturer. The licensee is responsible for backing up the database. Multiple restoration of the database for simultaneous use is permitted, provided that it does not violate the license terms of the database manufacturer and does not violate the license terms of all third-party software components activated on the database (third-party software).
f) The above copyright notice and this permission notice must be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED „AS IS“, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. THE EXCLUSION IS VALID EVEN IF GIPSOFT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE DAMAGES.
a) iplus-framework and iplus-MES are different products and are licensed separately from each other. A fee is charged for the compiled form of the software.
b) A one-time fee will be charged, corresponding to the total number of application sessions required that can be executed at the same time. This number is shown in the invoice issued by gipSoft, linked to a digital badge and serves as proof for the licensee of the lawful use. Any further increase in the number of maximum concurrent application sessions is subject to a fee and must be registered by the licensee. A refund is not possible for reduced use of application sessions.
c) Billing can also be done through the integrator, but the licensees address must be provided.
d) gipSoft is not responsible for the acquisition of third-party software licenses, and must be purchased by the licensee in accordance with the commercial terms of the third-party manufacturer.
a) The Licensee is obliged not to use the Software in a way that violates the law
b) The licensee is obligated to document possible defects in the software as comprehensibly as possible for the licensor and to inform the licensor immediately. In doing so, he will take into account the information provided by the licensor for the purpose of analysing the problem within the limits of what is reasonable for him and forward all information available to him for the elimination of the defect to the licensor.
c) The licensee must take appropriate precautions to protect the software from unauthorized access by third parties. This also applies to the rights to access the database file.
d) Licensee will take reasonable precautions in the event that the software fails to operate properly, in whole or in part (e.g. through regular updates to the operating system, appropriate protection against malicious software, regular data backup, fault diagnosis, periodic review of data processing results).
e) The licensee is responsible to update the software to the latest version and to install the updates or patches provided by the licensor, unless this would be unreasonable for licensees (e.g. because the latest software version is faulty).
f) The licensee bears disadvantages and additional costs from a violation of these obligations.
Under this license, you do not have any rights to use previous versions of the Software, and gipSoft is under no obligation to provide you with any previous versions.
gipSoft provides support for the described software by e-mail at the address info@iplus-framework.com. Support may be subject to a fee.
The laws of the country in which you purchased the software apply.
Should any provision of this Agreement be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, an effective and enforceable provision shall be deemed to have been agreed that comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same applies in the event of a regulatory gap.
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