Astos Solutions Free Public License

Definitions:

"Derivative Work(s)" shall mean any revision, enhancement, modification, translation, abridgement, condensation or expansion created by Licensee or the Licensor that is based upon the Software or a portion thereof that would be a copyright infringement if prepared without the authorization of the copyright owners of the Software or portion thereof.

"Software" shall mean software programmed by Astos Solutions GmbH and the Derivative Works created by Licensee and the collection of files distributed by the Licensee with the software of Astos Solutions, and the collection of files created through textual modifications.

"Copyright Holder" is whoever is named in the copyright or copyrights for the Derivative Works.

"Licensee" is you, only if you agree to be bound by the terms and conditions set forth in this Agreement.

"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved.

"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions that they received it.

  1. Astos Solutions GmbH maintains all rights, title and interest in and to the software, including all intellectual property rights therein. Licensee hereby grants to Astos Solutions GmbH all right, title and interest into the compilation of the software. Licensee shall own all rights, title and interest into the Derivative Works created by Licensee (subject to the compilation ownership by Astos Solutions GmbH).
  2. Astos Solutions GmbH hereby grants to Licensee a royalty free, worldwide right and license to use, copy, distribute and make Derivative Works of the software, and sublicensing rights of any of the foregoing in accordance with the terms and conditions of this Agreement, provided that you duplicate all of the original copyright notices and associated disclaimers.
  3. Licensee hereby grants to Astos Solutions a royalty free, worldwide right and license to use, copy, distribute and make Derivative Works of Derivative Works created by Licensee and sublicensing rights of any of the foregoing.
  4. Licensee's right to create Derivative Works in the Software is dependent on
    1. Licensee's agreement to insert a prominent notice in each changed file stating how and when you changed that file,
    2. sending a notice of modification to licensee@astos.de
    3. providing that Licensee does at least ONE of the following:
      1. providing your modified source code to the Copyright Holder.
      2. using the modified Package only within Licensees corporation or organization.
      3. making other distribution arrangements with the Copyright Holder.
  5. Licensee may distribute the programs of this Software in object code or executable form, provided he will
    1. insert a copyright notice of Astos Solutions GmbH during installation of the Software and
    2. do at least ONE of the following:
      1. distribute only an Astos Solutions GmbH Software version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the software of Astos Solutions GmbH.
      2. distribute your version of the executables and library files but no source code, together with instructions (in the manual page or equivalent) on where to get the source code of Astos Solutions GmbH
      3. make other distribution arrangements with the Copyright Holder.
  6. You may charge a reasonable copying fee for any distribution of this Software. You may charge any fee you choose for support of this Software. You may not charge a fee for this Software itself. However, you may distribute this Software in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Software as a product of your own.
  7. The data and images supplied as input to or produced as output from the Software do not automatically fall under the copyright of this Software, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Software.
  8. Astos Solutions GmbH makes no representation about the suitability of the Software for any purposes. Astos Solutions GmbH shall have no duty or requirement to include any Derivative Works into the Software.
  9. THIS PACKAGE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND WITHOUT ANY WARRANTIES AS TO NONINFRINGEMENT, EXCEPT CASES OF INTENT OR GROSS NEGLIGENCE.
  10. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OF DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS PACKAGE, EXCEPT CASES OF INTENT OR GROSS NEGLIGENCE.
  11. German law shall be applicable.
  12. The inoperativeness of one or several provisions of said General Conditions does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with the terms of the Contract would constitute unreasonable hardship for one or both of the Parties.