Table of Contents
Version 2.1 from 10. March 2021
Intra2net AG, Mömpelgarder Weg 8, 72072 Tübingen, Deutschland
This license agreement grants you as the licensee a non-exclusive, unlimited right of use of the software "Intra2net System Manager" developed by Intra2net AG under the following license terms and to the extent described below. By installing the software you agree to the following license conditions:
§1 Subject matter of the contract
1) The software products Intra2net Business Server, Intra2net Security Gateway and Intra2net Network Security (hereinafter referred to as "Intra2net Software") consist of the "Intra2net System Manager" and the "Linux Open-Source Distribution". Subject to the provisions in § 2 of this agreement, only "Intra2net System Manager"is the subject matter of this license agreement. The "Linux Open-Source Distribution" is subject to its own license terms, which are attached to the corresponding RPM packages.
2) The "Intra2net System Manager" consists of compressed files plus installation program (RPM package), which contain the executable code of the software programmed by Intra2net AG. The "Intra2net System Manager" is not distributed as open source software. All copyrights and other industrial property rights to the "Intra2net System Manager" are owned by Intra2net AG or have been granted to Intra2net AG for the contractual use of third parties. The components of the "Intra2net System Manager" are marked accordingly in the RPM packages.
2 Other Licenses
1) Together with the "Intra2net System Manager" you will also receive a program copy of a "Linux Open-Source Distribution". Intra2net AG leaves the program copy of the "Linux Open-Source Distribution" to you free of charge, so that the liability in this respect according to §§ 521 ff. BGB and is therefore limited to intent or gross negligence.
2) Intra2net AG does not grant the copyright rights to the distribution which are mandatory for the use of the "Linux Open-Source Distribution", but the respective authors of the respective program parts transfer the rights of use directly. The extent of your rights of use in relation to the "Linux Open-Source Distribution" is therefore determined exclusively by the license conditions attached to the "Linux Open-Source Distribution" and not by this contract.
3) When using the entire "Intra2net Software", in addition to the provisions of this license agreement, the user must observe the license conditions assigned to the open source program packages by the respective authors within the scope of a direct usage contract with the respective software manufacturer without intermediate connection of Intra2net AG. The corresponding license terms are attached in electronic form to the respective software.
4) As far as source code is subject to the free "Linux Open-Source Distribution" of the GNU General Public License (GPL) or the GNU Lesser General Public License (LGPL), the source code can be freely downloaded from the website www.intra2net.com.
5) Where libraries licensed under the LGPL are used within the licensed programs, these libraries will either be used as a shared program library, or you can - according to the regulations provided for this purpose in the LGPL - request the respective sources at the conditions stated in 4) above.
§ 3 Installation
1) The "Intra2net software" does not run in parallel with other operating systems on one system. In particular, the "Intra2net Software" formats the entire hard disk during installation and deletes all existing data. If data already exists on the system, the mandatory backup copies must be made prior to installation and then stored safely in such a way that they can be restored at any time.
2) The "Intra2net Software" works only with hardware components approved by Intra2net. These are listed in the documentation and on the website www.intra2net.com and are updated regularly. The licensee must observe these instructions. Intra2net AG has the right to withdraw the approval for hardware components for future versions, e.g. if they are no longer supported by future base systems with device drivers. All customers registered with Intra2net will be notified by email at least 3 months in advance (discontinuation).
§ 4 Rights of Duplication and Protection of Access
1) Duplication of the "Intra2net System Manager" is only permitted if the respective duplication is necessary for the use of the program. The necessary duplications include the installation of the program from the original storage medium or by way of downloading it to the hard drive of the hardware used and loading the program into the working memory.
2) If, for reasons of data safety or to ensure the rapid reactivation of the computer system after a total failure, regular backup of the entire data set including the computer programs in use is essential, the Licensee may make backup copies in the number absolutely necessary. The relevant storage media must be marked accordingly. The backup copies may only be used for archival purposes.
3) The licensee is obliged to take appropriate precautions to prevent unauthorized access by third parties to the installed programs and data. The licence codes supplied shall be stored in a place secured against unauthorised access by third parties.
4) The Licensee's employees must be expressly informed of their compliance with these Terms and Conditions of Contract and the provisions of copyright law.
5) The licensor is entitled to block license codes if there is evidence of a breach of the license agreement. The licensee will be notified, if valid contact data is available, and will be given a grace period of 14 days to re-license. In the event that a license code is blocked, the rightful owner of a license can obtain a new license code free of charge upon presentation of the proof of purchase. It is pointed out that contact data of licensees will be deleted within the required periods after termination of a support and maintenance contract for data protection reasons.
6) Access to the source code of the "Intra2net System Manager" is not owed.
§ 5 Restrictions of Use
1) The licensee may use the "Intra2net System Manager" on any available hardware. However, if the licensee changes the hardware, they must delete the "Intra2net System Manager" from the previously used hardware.
2) Simultaneous storage, holding or use is only permitted in one instance. If the licensee wants to use the software in several instances, they must purchase a corresponding number of additional licenses.
3) The licensee must prevent simultaneous reuse beyond the number of purchased licenses by means of access protection mechanisms.
4) If it is a license with a limited number of users, the system may only be used by the corresponding number of users.
5) The number of users is calculated from the sum of users created in the "User Manager" menu item, user accounts on remote servers that are used for emails forwarded by the system, and users that are not created in the User Manager but have the possibility to use the system's proxy server.
The licensee is not entitled to use the "Intra2net System Manager" or individual components thereof for hazardous applications which require faultless continuous operation with corresponding systems. Hazardous applications include, in particular, high-risk and high-availability activities such as the operation of nuclear power facilities, weapon systems, aeronautical navigation or communication systems, transport systems, hospital and healthcare equipment and other applications relevant to people's lives and health.
§ 6 Additional Services
1) If the license entitles you to limited-time services, such as software maintenance or support, the term of the license begins with entering the license code, registering the software or checking for updates.
2) If the right to these services is extended, the term of the extension shall commence retroactively with effect from the last expiry date.
§ 7 Evaluation license
1) If no license was purchased from an end customer, they receive a limited evaluation license, i.e. for 30 days the right to install the "Intra2net System Manager" on hardware and to use it for test purposes under these license conditions. If you enter a license key that you have not purchased yourself, the evaluation license expires immediately.
2) The evaluation license or any other, time-limited license may only be used for the corresponding period of time after installation. The remaining time is displayed on the user interface of the software.
3) At the end of this period, the software terminates functionality. The customer is responsible for securing all data in advance.
4) An evaluation license does not entitle to warranty claims unless Intra2net AG caused any defects intentionally or through gross negligence.
§ 8 Decompiling and Program Changes
1) The re-translation of the provided program code into other code forms (decompilation), as well as other types of redevelopment at the different stages of production in the software (reverse engineering), including program modification, are only permitted in the following cases.
2) The consent of the rights holder shall not be required if the reproduction of the code or the translation of the code form is essential in order to either a) meet the conditions of the LGPL or b) obtain the information necessary to establish the interoperability of an independently created computer program with other programs, provided that the following conditions are met:
The actions are carried out by the licensee or by another person authorized to use a copy of the program or on their behalf by an authorized person;
the information necessary for establishing interoperability is not yet readily available to the persons referred to in point 1;
the actions are limited to those parts of the original software which are necessary to achieve interoperability.
In the case of information obtained from such acts referred to in (a) and (b), it shall not be permitted to
be used for purposes other than to achieve interoperability of the independently created programme,
provided to third parties unless this is necessary for the interoperability of the independently created programme,
used for the development, production or marketing of a program with substantially similar purposes or for any other acts infringing copyright.
3) Copyright notices, license codes, serial numbers and other features used to identify the program may not be removed or changed under any circumstances.
4) If software is installed on the system which has not been expressly approved by the licensor for this purpose, or if the installed software is modified, warranty or guarantee claims can only be asserted if the customer can prove that the defects are not related to the modifications.
§ 9 Resale and Rental
1) The Licensee may sell or give away the Software, including the User Manual and other accompanying material, to third parties on a permanent basis, provided that the acquiring third party agrees to the continuation of these Terms and Conditions of Contract. In the event of transfer, the Licensee must hand over to the new Licensee all copies of the program, including any backup copies that may be available, or destroy the copies that have not been handed over. As a result of the transfer, the right of the old licensee to use the program expires.
2) The Licensee may not rent the Software, including the accompanying material, to third parties.
3) The Licensee may not transfer the software to third parties if there is a reasonable reason to suspect that the third party will violate the contractual terms and conditions, in particular if it produces illegal copies. This also applies to employees of the licensee.
§ 10 Warranty
1) Defects in the software programmed by Intra2net AG, including the accompanying documents, will be remedied by the licensor within the warranty period of 24 months for consumers or 12 months for companies from the time of delivery after notification by the licensee. This shall be done at the discretion of the licensor by subsequent repair or delivery of a replacement.
2) In the event of two unsuccessful repair or replacement deliveries, the Licensee may withdraw from the contract or reduce the agreed remuneration and claim damages. Subject to § 11, the statutory regulations apply.
§ 11 Liability
1) The following provisions apply to all claims for damages made by the Licensee, irrespective of their legal basis, whether due to culpability at the time the contract was concluded, or due to other breaches of obligation, criminal, or other circumstances.
2) Intra2net AG is liable in full for damages resulting from injury to life, limb or health caused by an intentional or negligent breach of obligations by the legal representatives or persons employed by Intra2net AG.
3) Intra2net AG shall be liable in full for any other damages resulting from an intentional or grossly negligent breach of obligation by its legal representatives or persons employed in the performance of its obligations.
4) Intra2net AG is fully liable for the absence of a guaranteed quality of the promised service and for fraudulent concealment of a defect.
5) Intra2net AG shall be liable for the remaining damages arising from any culpable breach of fundamental obligations. Fundamental obligations are defined as contractual obligations, the fulfilment of which makes the correct performance of the contract possible and on whose adherence contractual partners may regularly rely. In such cases Intra2net AG shall be held liable to the extent limited to compensation for damages which were typical and foreseeable at the time of conclusion of the contract.
6) Liability under the Product Liability Act remains unaffected.
7) Otherwise, the liability of Intra2net AG is excluded.
8) Any contributory negligence on the part of the Licensee as a result of insufficient cooperation, delayed notification of damages, the use of hardware that has not been authorized or for other reasons shall be credited to the Licensee.
9) Intra2net AG shall not be liable for the loss of data and/or programs insofar as the damage is due to the Licensee's failure to carry out the necessary data backups or to regularly check the integrity of the data backups and thereby ensure that lost data can be restored with justifiable effort.
10) For damages caused by any additional installed software Intra2net AG is only liable in case of delivery and installation.
§ 12 Obligation to check and give notice of defects
1) The Licensee shall inspect the delivered software including the documentation within 8 working days after delivery, in particular with regard to the completeness of the storage mediums and manuals as well as the basic program functionality. Defects that are detected or ascertainable must be reported to the licensor within a further 8 working days. The notification of defects must include a detailed description of the defects, which must be as detailed as possible.
2) Defects that cannot be ascertained within the context of the described proper inspection must be reported within 8 working days of discovery, in compliance with the notification requirements set out.
3) In the event of a breach of the obligation to check and give notice of defects, the software shall be deemed to have been approved in view of the defect in question.
§ 13 Obligation to Accept Returned Goods According to the ElektroG
If the customer uses the "Intra2net Software" together with a hardware manufactured by Intra2net, the customer assumes the obligation to dispose of the delivered hardware at their own expense and in accordance with the legal regulations. In particular, the customer shall exempt Intra2net AG from the obligations according to § 19 para. 1 ElektroG (manufacturers' obligation to accept returned goods) and the related claims of third parties.
§ 14 Written Form
All agreements that include a change, amendment or specification of these contractual conditions as well as special assurances and agreements must be made in writing. If they are issued by the Licensor's representatives or assistants, they shall only be binding if the Licensor provides written consent.
§ 15 Governing Law
With regard to all legal relationships arising from and in connection with this contractual relationship, the parties agree to apply the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§ 16 Place of Juristiction
Insofar as the Licensee is a trader within the definition of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special asset under public law or has no place of jurisdiction in Germany, Stuttgart shall be agreed as the place of jurisdiction for all disputes arising in connection with the establishment, performance and termination of this contractual relationship.
§ 17 Final provisions
Should individual terms and conditions be or become invalid, ineffective or contestable, they shall be interpreted or supplemented in such a way that the intended economic purpose is achieved in a legally permissible manner as closely as possible; the remaining terms and conditions shall remain unaffected. This shall also apply correspondingly to any omissions requiring further attention.