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David Schwalb 2015-04-15 09:16:36 +02:00
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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.