Below you will find the contract terms for the use of the software “Fiber Pool,” a Multi-Core Task Scheduler for Windows XP/Vista. The software is protected by copyright. licenses from ThinkMeta Software UG (haftungsbeschränkt) (hereafter referred to as license provider) are therefore required for download, use and sales.

However, the license provider would like to make the above mentioned software generally available for non-commercial use, free of cost and licensing fees. Compare details on this under § 3 of the contract terms.

Copying, installation, use and transfer to third parties are generally only permitted within the scope of the following contract terms. Therefore, please read the following contract terms fully and thoroughly. If you do not agree with the contract terms or parts of the terms, the software should not be installed or downloaded and any sealed data media should not be opened. By downloading the software and/or opening any sealed data media you declare that you agree to these contract terms.

The subject of the contract is the software package “Fiber Pool API” which is either saved on data media or made available for download, including the tools, program library, header files, scripts, example files, program descriptions, user manuals as well as other associated written material, all hereafter referred to as software.

The software is protected both by copyright laws as well as international copyright contracts and other legal agreements on intellectual property.

Based on present technological developments, the occurrence of program errors cannot be completely ruled out in software. The subject of the contract is therefore only one type of software that can generally be used in accordance with the program description and the user manual.

The license provider grants the license holder the simple, non-exclusive and personal right to use the software on a server and with the number of terminals agreed on in writing or in accordance with the contract terms within the scope of this contract. If the individual computer is a multi-user system, the user rights for this individual system apply to all users.

As the license holder, you can transfer the software in physical form (saved on one data medium) from one computer to another, provided the software is only used on one computer at a time. Further use is generally not permitted unless the license issued to the license holder or these contract terms allow anything going beyond this.
You can prepare a back up copy.

Transferring the software to third parties, even parts of the software, making them available in a publicly accessible system (even only partly) is generally not allowed, unless the license issued or these contract terms permit exceptions. The license holder must clearly refer to the license provider’s copyright every time the software is transferred.

The license provider only grants the right to transfer those parts of the software that have been marked specifically as approved for distribution in "REDIST.TXT" or in another place in the software

The license provider grants the license holder a free-of-cost license for all non-commercial and free-of-cost uses including the non-commercial, free-of-cost distribution of the software.

The license holder can only use the development license for the purpose of software development. Installing the software on any number of development computers is permitted for this purpose. You can also incorporate the software partly or fully in a version control system that is not publicly accessible.

Distribution of the software free of cost is permitted with a non-commercial distribution license (compare § 2, points 3, 4) as well as offering it in publicly accessible systems. This non-commercial distribution license is free of cost. However, the license holder is obliged to clearly refer to the fact that further distribution by third parties also requires this type of license from the license provider.

A non-commercial distribution license cannot be granted for products as soon as they are distributed in competition with the license provider’s component or make the license provider’s software interface (even in a form modified by the license holder) available.

Distribution of the software is non-commercial if the license holder does not receive any financial compensation directly or indirectly by distributing the software. A financial compensation is already assumed if the license holder is just paid personal expenses, material costs, etc. or if the software is added free of cost to a data medium, for example, that the license holder would otherwise distribute at a cost. In all these cases a commercial product license or commercial distribution license (compare with §§ 4, 5 below) is required.

Free-of-cost use of the software with the aforementioned licenses takes place at your own risk and under the express exclusion of any guarantee. Free licenses enable license holders to check the software sufficiently and intensively for their respective requirements.

A commercial product license is issued for distribution of the software with the license holder’s commercial products that use Fiber-Pool functionality. The distribution license is issued expressly, not exclusively.

When acquiring a commercial product license, further distribution by third parties is also permitted.

A commercial product license is required if direct or indirect use of the software takes place through software that has been commercially distributed by the license holder.

The product for which a license is issued is defined by its state at the time of initial distribution. The license holder is obliged to identify this product clearly to the license provider through a clear description (Name, Version, etc.).

If the product is changed after this point in time (updates, new version) a new product license is required in each case if this change is not completely free of cost for the respective third party as outlined in § 3, paragraph 2.

If the license holder only updates the software free of cost, a new product license is not required for this new software.

However, if the license holder’s new version of the software has to be paid for by the respective third party, another product license is required for this new software.

A commercial product license cannot be issued for products as soon as they are distributed in competition with the license provider’s component or the license provider’s software interface is made available (also in a form that has been modified by the license holder).

Acquisition of the commercial distribution license for the technology is required as soon as the license holder’s software is distributed in competition with the license provider’s component or the license holder’s software (also in a form modified by the license holder) makes the license provider’s software interface available.

The non-commercial distribution licenses (compare § 3) are issued free of cost.

The commercial product license is issued at a price of 252.00 € plus VAT per product distributed by the license holder.

Commercial distribution license: A license fee of 1.00 € plus VAT or per sold/distributed or installed unit is charged for the commercial technology license. The license fee only covers installation on one computer per sold unit. Further license fees amounting to 1.00 € plus sales tax for every further permissible installation are charged for any more installations and sale of multi-user systems.

The license holder is not allowed to do the following without prior written approval from the license provider or for as long as the license agreement acquired by the license holder or these general contract terms permit:

change or delete company names, brands and trademarks, copyright indications or other indications about reservation of rights included in the licensed software;

change or delete license numbers or any other symbol used in program identification in the licensed software;

develop the licensed software in reverse, de-compile it (except within the scope of the exceptions granted in § 69 a ff. UrhG) or to disassemble it (Reverse Engineering), to decode, extract, translate, compile derived works or to modify or copy the licensed software elsewhere.

The back up copies for purposes of backing up data mentioned in § 2 are excluded from the limitation of copying.

The license holder is entitled to transfer the complete licensed software together with this software license agreement to a subsequent license holder. This right does not apply to passing on derived works, modified and/or processed versions, copies or partial copies of the licensed software unless the license issued permits it.

Once the licensed user software has been transferred, the right to use is also transferred to the subsequent license holder in accordance with the terms of the scope of use. The new license holder thus replaces the old one in line with this software license agreement. The right to use and/or distribution of the licensed software by the previous license holder expires at the same time.

If transfer of the right to use takes place, the previous license holder is obliged to cancel the licensed software (compare with § 10).

This also applies to transfer by the subsequent license holder.

The software license agreement has been finalised for an unspecified period. The agreement can be terminated by either of the contract parties in writing within a termination period of at least 6 calendar weeks from the end of the calendar month following the date of the termination notice.

Termination for important reasons is possible for both parties. A termination for an important reason is possible for the license provider in particular, if the license holder’s ability to protect the copyright or the confidential nature of the acquired software is disputed.

The license becomes invalid without notice of termination if the license holder violates the terms of this software license agreement.

In case this license becomes invalid, the license holder is obliged to delete the software including any derived works, modified or processed versions, copies or partial copies of the software or to destroy them in some other way. If the license provider’s software is installed on the license holder’s software, it should be deleted.

As far as this deletion is concerned, the license provider is entitled to demand a written confirmation from the license holder, which must be declared on oath.

The licensed software being discussed is protected by copyright. The license provider is entitled to all rights arising out of the copyright. The copyright covers the program code, the documentation, the appearance, the structure and organisation of the program files, program names, logos and other forms of representation within the licensed software in particular.

The license holder only has the rights of use to the licensed software agreed on within the scope of this software license agreement. The acquisition of rights to the licensed software itself is not connected to this. The license provider reserves the right to all publication and copying rights as well as rights to use, process, translate and other exploitation rights to the licensed software.

The license holder only has full rights to acquisition of the physical data media on which the licensed software and documentation may be recorded within the scope of implementation of this agreement, as long as the licensed software was not transferred electronically.

If the license holder is made liable due to a violation of trade mark rights through the licensed software, the license holder is obliged to inform the license provider immediately and continuously about all matters concerning the stipulated violation of trade mark rights and to make all information and documents available to the license provider.

The license holder has the possibility to sufficiently test the software free of cost. The license holder therefore knows the software and its technical efficiency. The license provider is not liable for errors and does not guarantee the specific usefulness for the license holder’s purposes. The license provider is not specifically liable for immediate damages or subsequent damages due to errors in the licensed software.

The license provider can only guarantee that the licensed software is useful under normal operating conditions and normal maintenance based on the valid program description provided by the license provider at the time of delivery to the customer. A limited reduction in suitability for use does not arise.

If the licensed software turns out to be erroneous, the delivered licensed software will be returned and exchanged for a new copy of the program within the guarantee period (compare with § 13, point 5) that starts from the time of delivery of the licensed software to the license holder or downloading of the program. If this copy is also erroneous and the license provider cannot get rid of the errors with an appropriate amount of expenditure and within an appropriate period, the license holder has a right to a reduction in the purchase price (license fee) or return of the licensed software against reimbursement of the license fee.

There are no further guarantee obligations, especially no guarantee that the licensed software satisfies the specific requirements of the license holder or other third parties in case of distribution. The license holder is solely responsible for the selection, installation and use as well as for the intended results. Moreover there is no kind of guarantee for modified or processed versions of the software as long as existing defects cannot be proved in any connection with the changes or processes.

We emphasise that all license holders are responsible for backing up all data saved in the licensed software and must take care of this on their own. The license provider does not provide any guarantee and is not responsible for loss of data in case of errors.

The guarantee period for the licensed software is 12 months, but 24 months for (private) users.

The license provider is only liable for damages caused by negligence up to the amount of the purchase price, irrespective of the legal reasons.

Irrespective of the legal reasons, the license provider is not liable for damages ensuing due to delay or impossibility, violation of advisory duties and additional duties arising out of the contract, pre-contract duties, positive violation of the contract, violation of industrial property rights of third parties, handling without permission, lost revenue or profits, savings that did not materialise, loss of data and damages for which the license holder is responsible.

The above mentioned limitations to liability do not apply to violation of duties essential to the contract for which the license provider is responsible in a way that puts the purpose of the contract at risk, based on wilful intent and gross negligence and also do not apply to physical injury or damage to health.

The license holder’s claims arising out of initial impossibility, the lack of assured properties or out of the product liability law remain unaffected.

This concerns contractual as well as non-contractual claims. The license provider will not guarantee or is not liable for software that was modified by the license holder.

The license provider is not liable and will not provide a guarantee for test and trial versions of the licensed software. The user of this type of program version, which has not been approved of for general use, expressly acknowledges that erroneous functions and data loss can occur, and will therefore only use it for testing purposes.

The license holder and the license provider agree that there will be a contract penalty amounting to 5,000.00 € for contract violations on the part of the license holder.

German Law must be used for implementation of the contract in connection with the international uniform purchasing laws and the UN Convention for the International Sale of Goods (CISG). If there are any disputes on the implementation of the contract based on a version of the contract translated into a foreign language, the original text of the German contract is authoritative.

This software license contract will also be the contract content if the license holder has different contract terms, even if the license provider does not contradict them in individual cases.

Modifications and additions to this contract including this clause, must be made in writing and must be signed by the contract parties.

If individual terms of this contract are ineffective or cannot be executed, or become ineffective or cannot be executed after finalisation of the contract, the remaining contract remains unaffected. Terms should be used instead of the ones that were ineffective or could not be executed, whose effect comes closest to the economic objectives the contract parties were following with the ineffective terms that could not be executed. The same applies in cases where there are loopholes in the contract.