Please note that - even though the license text is professionally translated - the German version is the one that is legally binding!
- Private and Academic Use -
Version from 06.04.2017
1. Scope, general
(2) The Product is provided to users as open source software. There are various ways of using the program code or the services we offer.
(6) Declarations and notices which are significant from a legal point of view and which must be submitted to Seadex by the user after conclusion of the agreement must be in writing to be valid.
(7) Seadex offers the Product, the documentation and the information exclusively for private, non-commercial and academic use. The user declares that, when using the Product, he is neither acting as or for a company, i.e. is not carrying out commercial or self-employed professional activity.
2. Rights of use
(1) Seadex shall make the Product and information about the Product available free of charge for download on the Seadex website.
a) Permission is hereby granted, free of charge, to any user obtaining a copy of the Product and associated documentation, the rights to use, copy, modify, merge, publish, and/or distribute copies of the Product without restrictions, and to permit persons to whom the Product is furnished to do so.
b) The rights granted only apply to acts, which are not aimed at gaining a commercial advantage or monetary remuneration ("non-commercial use").
(3) The user is not entitled to distribute, rent, lease, lend or sublicense the Product, parts, or modifications thereof. Passing the Product on for a fee is expressly prohibited.
(4) The limitations mentioned above do not apply in the case that the Product or parts of it become part of third-party or Open Source software.
(5) The right of use shall be granted for all known types of use as well as for all types of use which are as yet unknown. It also includes the right to make modifications to the Product which are necessary from a technical point of view for certain types of use permitted by this licence.
(6) Each user may install, extend, and update the Product free of charge.
(7) Seadex shall provide public tutorials to assist with installation of the Product. Seadex offers limited support for general questions. Please note that the more comprehensive support for self-installation is subject to concluding a consultancy agreement. Open source stands for freedom but not necessarily for free.
(8) All other rights which go beyond this section and are not expressly granted by Seadex remain the rights of Seadex alone. Personal rights remain unaffected.
3. Provision of the Product
(1) The following applies with respect to remuneration for use of the Product:
(a) Seadex offers the Product free of charge.
(b) Seadex reserves the exclusive right to collect corresponding remuneration for the event that the user uses the Product for commercial purposes.
(2) The user acknowledges that he is not permitted to remove, conceal, or change references to rights of ownership contained in the Product or which are added to it. This also applies to copyright notices or trademarks.
4. Third-party software, open source software
5. Warranty and liability
(1) If the Product, information or documentation are provided free of charge, liability for material or legal defects in the information, software and documentation, especially for it being accurate, free from errors, free from property rights and copyrights belonging to third parties, complete and/or usable – apart from in cases of provable intent or fraudulent intent – is excluded.
(2) Beyond the agreed services, use shall be at the user's own risk, especially in the case of free use and any self-installations of the Product.
(3) Seadex shall make the entire Product available in good conscience observing the duty of care.
(4) The user declares his express consent to use of the Product "as is". There is no guarantee that the Product will always be available.
(5) Seadex does not accept any liability for losses or risks of any kind arising from use of the Product. This includes damage to the computer system or another device as well as to losses of data resulting from use of or downloading the Product.
(6) Seadex, our employees, members, representatives or other contracting partners shall, under no circumstances, be liable for direct, specific or indirect losses or damage, lost profit and the loss of data resulting, for example, from tortious acts (including but not limited to negligence).
(7) The availability of the Product excludes times when Seadex’s servers are not available via the Internet for technical reasons which lie outside of Seadex's sphere of influence. We shall not accept any liability for such events.
(8) Seadex shall not accept any liability for malfunctions of services of third-party providers for server hardware, memory capacities or network services.
(9) Seadex does also not accept any liability for errors or delays in performance of the duties where the trigger is outside of her control. This includes, but is not limited to, fire, flooding, earthquakes, power cuts and Internet disturbances.
6. Data protection
(1) By using the Product described herein, the user agrees to Seadex saving general and personal data on his instruction.
(2) The use does not give us any rights in the data used by the user which are created with the Product. The scope, type and content of the data is your responsibility alone.
(3) Data will be treated as private and confidential unless the user makes a separate request that Seadex makes certain data public.
(4) An exception to this rule is the fact that Seadex reserves the right to select individual data for demonstration and advertising purposes and to display this data in a public gallery as examples. In doing so, Seadex will always correctly reference the author and does not obtain any further rights in this content.
(2) Amendments shall be published in advance on Seadex’s website in order to give users sufficient time to acquaint themselves with these amendments.
8. Applicable law, jurisdiction
(1) The law of the Federal Republic of Germany applies to the provision of the Product and all related legal relationships between Seadex and the user. Application of the UN Convention on Contacts for the International Sale of Goods (CISG) is excluded.
(2) Where (i) the user is a businessman within the meaning of the German Commercial Code (Handelsgesetzbuch), (ii) the user is a legal person under public law or a special fund under public law or (iii) the user does not have a general place of jurisdiction in the Federal Republic of Germany, Rottweil, Germany, is agreed as place of jurisdiction. However, Seadex remains entitled to file a claim or to institute other court proceedings at the general place of jurisdiction of the user.
9. Final provisions