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