139 lines
6.5 KiB
Plaintext
139 lines
6.5 KiB
Plaintext
|
OpenSource Licence of the Hasso-Plattner Institute
|
||
|
|
||
|
This computer program can be used by anyone in accordance with the OpenSource
|
||
|
licence of the Hasso-Plattner Institute. Its terms of use can be downloaded
|
||
|
under the URL https://github.com/hyrise/hyrise/blob/master/LICENSE
|
||
|
|
||
|
Preamble
|
||
|
|
||
|
The Hasso-Plattner-Institut für Softwaresystemtechnik GmbH, Prof.-Dr.-Helmert-
|
||
|
Strasse 2-3, 14482 Potsdam, hereinafter referred to as Hasso-Plattner
|
||
|
Institute, provides a research in-memory database storage engine system to
|
||
|
store different kinds of relational and other data. This software shall
|
||
|
hereinafter be referred to as HYRISE.
|
||
|
|
||
|
|
||
|
1. Licence Grant
|
||
|
|
||
|
With these terms of use, the Hasso-Plattner Institute grants everyone, free of
|
||
|
charge, a non-exclusive right of use (§ 32(3)(3) Copyright Act) in HYRISE. It
|
||
|
therefore makes an offer to everyone to conclude a corresponding licence
|
||
|
agreement for the grant of exploitation rights in accordance with these terms
|
||
|
of use. The express acceptance by the Hasso-Plattner Institute need not be
|
||
|
received by the user (§ 151 German Civil Code). The above rule means that the
|
||
|
user cannot assign the right of use ac-quired by it in accordance with these
|
||
|
terms of use to a third party, but that the third party acquires the rights
|
||
|
directly from Hasso-Plattner Institute.
|
||
|
|
||
|
|
||
|
2. Scope of Exploitation Rights
|
||
|
|
||
|
With these terms of use, the Hasso-Plattner Institute grants the user, free of
|
||
|
charge, a non-exclusive right of use, unrestricted with respect to time and
|
||
|
geographical scope, to use HYRISE in accordance with the following terms:
|
||
|
|
||
|
a) The user shall be entitled to reproduce, distribute and/or publish
|
||
|
the source code of HYRISE.
|
||
|
|
||
|
b) The user may also translate, adapt, arrange or otherwise alter the
|
||
|
source code of HYRISE and exploit the results under Point 2.a)
|
||
|
|
||
|
c) Finally, the user may also exploit the text of these licence terms in
|
||
|
accordance with Point 2.a).
|
||
|
|
||
|
d) The exploitation rights pursuant to Point 2.a) and b) also apply to
|
||
|
HYRISE in its object code or executable form and entitle the user to in
|
||
|
-corporate HYRISE into other computer programs for use as set down in
|
||
|
Point 2, though these terms of use only apply to the part of the new
|
||
|
computer program so created which is HYRISE where the combination does
|
||
|
not result in a change pursuant to Point 2.b). In the latter case,
|
||
|
these terms of use apply to the entire new computer program.
|
||
|
|
||
|
|
||
|
|
||
|
3. Duties of the User
|
||
|
|
||
|
The user shall be obliged,
|
||
|
|
||
|
a) on reproduction of HYRISE pursuant to Point 2.a), to incorporate the
|
||
|
following copyright mark, at least in the corresponding source code:
|
||
|
„Exclusive copyrighted exploitation rights / Copyright © 2012
|
||
|
Hasso-Plattner-Institut für Softwaresystemtechnik GmbH“
|
||
|
as well as to include a copy of these terms of use; in the case of
|
||
|
publication, the terms of use must also be included in the offer of
|
||
|
publication;
|
||
|
|
||
|
b) not to remove references in the source code and in other places to the
|
||
|
owner of rights of use and these terms of use and/or to change such;
|
||
|
|
||
|
c) for the case that the user make changes to HYRISE pursuant to Point
|
||
|
2.b) and so acquires its own copyright, the work so created may only
|
||
|
be offered to third parties for use/edit in accordance with these
|
||
|
terms of use; the user must also make these changes clear in the
|
||
|
source code;
|
||
|
|
||
|
d) for the case that the user uses HYRISE in object code form or in
|
||
|
executable form, it must also include the complete machine-readable
|
||
|
source code for HYRISE on the data carrier and/or make it accessible
|
||
|
to the public via the Internet; for the case that the user combines
|
||
|
HYRISE pursuant to Point 2 d) with another computer program, it must
|
||
|
ensure in any offer of the same that HYRISE is also included in this
|
||
|
entire program and that this is only used in accordance with these
|
||
|
terms of use.
|
||
|
|
||
|
|
||
|
|
||
|
4. Consequence of Breach of the Above Obligations
|
||
|
|
||
|
Should the user commit a culpable breach of any of the obligations set down in
|
||
|
Point 3, all exploitation rights under these terms of use shall terminate
|
||
|
automatically, also with retrospective effect.
|
||
|
|
||
|
|
||
|
|
||
|
5. Limited Liability
|
||
|
|
||
|
a) The Hasso-Plattner Institute shall have unlimited liability for damage
|
||
|
due to legal defects or absence of warranted qualities as well as for
|
||
|
injury to life, body and health. Liability for initial inability,
|
||
|
delay and impossibility shall be limited to such damage typically
|
||
|
foreseeable of such a computer program.
|
||
|
|
||
|
b) In all other regards, the Hasso Plattner Institute shall have
|
||
|
unlimited liability only for deliberate damage or damage caused by
|
||
|
gross negligence, also by its legal representative and managers. With
|
||
|
respect to the fault of other vicarious agents, the Hasso-Plattner
|
||
|
Institute shall only be liable to the extent of liability for initial
|
||
|
inability in accordance with the previous section.
|
||
|
|
||
|
c) For negligence simpliciter, the Hasso-Plattner Institute shall only be
|
||
|
liable where the obligation breached is of particular importance for
|
||
|
attaining the contract purpose, a duty which gives the contract its
|
||
|
specific character and in which the user may trust (cardinal duty). In
|
||
|
case of breach of a cardinal obligation, the liability limit for
|
||
|
initial inability in accordance with a) shall apply mutatis mutandis.
|
||
|
|
||
|
d) Liability for loss of data shall be limited to the typical expense for
|
||
|
the restoration of data which would be incurred if regular backup
|
||
|
copies were made appropriate for the degree of risk.
|
||
|
|
||
|
e) Liability in accordance with the Product Liability Act remains
|
||
|
unaffected (§ 14 Product Liability Act).
|
||
|
|
||
|
|
||
|
|
||
|
6. Concluding Provisions
|
||
|
|
||
|
a) Oral ancillary agreements have not been concluded and shall not be
|
||
|
valid. Supplements and amendments to this agreement must be in writing
|
||
|
for their validity. This shall also apply in case of any amendment to
|
||
|
this written form clause.
|
||
|
|
||
|
b) Should any provisions of this agreement be or become void or
|
||
|
unenforceable, the remaining provisions shall be unaffected.
|
||
|
|
||
|
c) Where the user is a merchant, place of jurisdiction shall be Potsdam.
|
||
|
|
||
|
d) This agreement shall be governed exclusively by the laws of the
|
||
|
Federal Republic of Germany. The provisions of the UN Convention on
|
||
|
Contracts for the International Sale of Goods shall be excluded.
|