(CalculationWorks NonCommercial License v 1.1)

Between

Hermann Jung, Viktor-Scheffel-Str.2, 99096 Erfurt, Germany
Hereinafter "Licensor"

and

You, as individual or organization on whose behalf you are acting, who downloaded the "CalculationWorks BCF NonCommercial Edition" or acquired the Licensed Object via transmission from a third party.

Hereinafter "Licensee"

Preamble

This agreement governs the rights and obligations between Licensee and Licensor with respect to the Licensed Object "CalculationWorks BCF NonCommercial Edition".
Licensor's General Terms and Condition of Business are an integral component of this agreement.

§1 Subject matter of the Agreement
I.
The subject matter of the agreement is the granting of use rights and permanent transfer of the product developed by Licensor under the name "CalculationWorks BCF NonCommercial Edition" (hereinafter "Licensed Object" or "Software") in its version 1.0, consisting of:
- BCF Library
- BCF Editor.
II.
The Licensed Object is a collection of components and tools designed to solve complex, recurring problems associated with implementing business logic.
The BCF Library provides functionality for developing object models with:
- Relational links between tables
- Calculated columns and validation messages
- Transactional processing of data changes
- "Undo" and "redo" function
- Data change notification
.
The BCF Editor is a program that features a graphical user interface and serves to compile the object models based on the BCF Library.
III.
Neither the Software itself nor its source code is the subject matter of this Agreement.
Licensee shall receive an electronically saved copy of the Software, as well as a license which entitles him/her to use the Software in accordance with this Agreement. Licensee shall also receive a copy of these License Terms.

§2 Formation of the Agreement
The Software License Agreement, with respect to the Licensed Object, shall become effective implicitly at the time a copy of the Licensed Object is downloaded or the Licensed Object is received from a third party.

§3 Granting of Rights
I.
Licensor shall grant Licensee basic right of use of the Licensed Object. This right of use shall be unlimited in time and have limited territorial validity. Licensee shall not be entitled to use the Licensed Object for commercial purposes. Licensee may create any number of copies of the Software. Licensee must affix the note "Copy" as well as a Licensor copyright notice to a visible area on the any copies of the Software he/she creates.
Licensee may make a back-up copy of the copies of the Licensed Object transferred to him/her. Licensee must affix the note "Back-up copy" as well as a Licensor copyright notice to a visible area on the back-up copy he/she creates.
II.
The right of use shall be restricted to installation and use of the Licensed Object on any number of single-user workstations. This transfer of rights does not refer to the source code for the Licensed Object.
Licensee shall be entitled to decompile the software only in accordance with Section 69e of the German Copyright Act (UrhG).
III.
Licensee may not edit or otherwise process the Licensed Object. However, Licensee may make the Licensed Object available to the public, provided this is not done for commercial purposes. In the event Licensee passes the Licensed Object on to a third party, Licensee must always pass on an unaltered copy of these License Terms to the third party as well.
In addition, Licensee shall be entitled to transfer and assign to third parties the use rights granted to him/her, and also to grant sub-licenses. Both separate copies of the Licensed Object as well as those copies integrated into your own products may be passed on to third parties as long as this is not done for commercial purposes.
IV.
The right to use the Software shall not include any other products or services.

§4 License Fee
No license fee shall be paid in order to grant the use rights listed above.

§5 Term of Agreement and Cancellation
I.
This Agreement shall be concluded for an indefinite period. The Agreement shall be considered to be terminated if Licensee completely and permanently uninstalls the Licensed Object and returns to Licensor all copies that had been transferred to him/her or destroys these definitively and irreversibly.
II.
The right to cancel the contract for good cause and without prior notice shall remain unaffected by the provision in Paragraph 1. Good cause shall be deemed to exist especially if Licensee violates Licensor's use rights by using the Software beyond the degree permitted under this Agreement.
III.
In the event of cancellation of the Agreement, Licensee must uninstall the Software and return to Licensor the copies transferred to him/her as well as any back-up copies that were created. Proof that the copies of the Software were destroyed completely must be furnished to Licensor upon Licensor demand.

§6 Changes and Updates
I.
Licensor shall be entitled to create updates to the Software. However, it is under no obligation to do so.
Licensor shall reserve the right, at its discretion, to cease maintenance of the Software.

§7 Warranty
I.
Licensor shall guarantee that the Software, in its functions, essentially corresponds to the program description under §1 II.
II.
Licensee must report any obvious defects immediately (but no later than two weeks following delivery). Other defects must be reported immediately after they are discovered. The defect report must be presented in text form. A comprehensible description of the defect must be enclosed with the report.
III.
Licensor must correct any material defects or defects of title to the Licensed Object within a reasonable amount of time.
IV.
A guarantee of the suitability of the Licensed Object for the purposes of Licensee and for the compatibility of the software with the software available to Licensee shall be excluded.
V.
The delivery of manuals and other accompanying materials above and beyond software documentation shall only be owed if expressly arranged in writing. The documentation delivered shall be in English unless alternate arrangements were expressly made by the contractual parties.

§8 Liability
Licensor shall be liable to Licensee for damages due to intentional or grossly negligent behavior. Any further liability shall be excluded. The limitation of liability shall not apply in the case of death, physical injury or damage to health due to Licensor actions.

§9 Other Provisions
I.
Licensee may only offset claims by Licensor with undisputed or legally determined claims.
II.
Licensee's general terms and conditions of business shall not apply.
III.
This agreement shall be subject exclusively to German law, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980, effective 1 January 1988.
IV.
The sole place of jurisdiction shall be Erfurt (Germany).
V.
Should individual provisions of this Agreement be invalid or unenforceable or become invalid or unenforceable after the Agreement is concluded, this shall not affect the validity of the remaining provisions of the Agreement. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effect comes closest to the economic purpose intended by the contractual parties with the invalid or unenforceable provision. The provisions above apply accordingly should the agreement prove to contain omissions.
VI.
No supplementary verbal or written agreements were made for this agreement.
VII.
Changes to this agreement or the arrangement of supplementary agreements by the contractual parties shall be subject to the written form requirement. This also applies for the written form requirement itself.

Last update: July 28, 2014

Disclamer: This text is translated. The original german text is here.