Software license agreement


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


You, as individual or organization on whose behalf you are acting, who purchased "CalculationWorks BCF".

Hereinafter "Licensee"

This agreement governs the rights and obligations between Licensee and Licensor with respect to the Licensed Object "CalculationWorks BCF" in its given version as purchased by Licensee.
Licensor's General Terms and Condition of Business are an integral component of this agreement.

§1 Subject matter of the Agreement
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" (hereinafter "Licensed Object" or "Software") in its version 1.0, consisting of:
- BCF Library for .NET Framework 4.5
- BCF Editor

as single-user, business or corporate license.

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 as a code generator that compiles the object models based on the BCF Library.

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 one or more licenses which entitle him/her to use the Software in accordance with this agreement. Licensee shall also receive a copy of this License Agreement.

§ 2 Formation of the Agreement
The Software License Agreement, with respect to the Licensed Object, shall become effective by clicking on the "Order paid version now" button in Licensor's online shop (offer) and the subsequent confirmation of the order by means of a confirmation e-mail from Licensor's online shop which confirms formation of the agreement and asks the buyer for payment of the agreed license fee (acceptance).
The Software License Agreement shall also become effective if the Licensed Object is ordered through direct e-mail contact with Licensor (offer) and Licensor sends the buyer a confirmation e-mail confirming formation of the agreement and asks the buyer for payment of the agreed license fee (acceptance).
The Software License Agreement may also become effective in writing, through offer and acceptance.

§3 Granting of Rights
Licensor shall grant Licensee basic right of use of the Licensed Object in accordance with the license type purchased by Licensee. This right of use shall be unlimited in time and have limited territorial validity.

Single-user license:
Licensee shall be entitled to use the Software and License for personal use and in accordance with the provisions under this Agreement. The License may not be transferred.

Business license:
Licensee shall be entitled to use the Software and License within his/her company and in accordance with the number of licenses purchased by Licensee. The Licensed Object may be used by Licensee's employees in accordance with the provisions under this Agreement. The number of users shall be limited to the number of users specified in the license key. The License shall be bound to natural persons. It shall not be necessary that the employees using the Licensed Object be named. The license may be transferred from one employee to another no more than once a week.

Corporate license:
Licensee shall be entitled to use the Software and License within his/her company. The Licensed Object may be used by Licensee's employees in accordance with the provisions under this Agreement. No limit shall be placed on the number of users.

The right of use shall be restricted to installation and use of the Licensed Object on one of the given number of single-user workstations, as based on the license purchased. 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).

Licensee may make back-up copies 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 copies he/she creates.

Licensee shall be entitled to use the Licensed Object for commercial purposes. In particular, Licensee shall be permitted to integrate the "BCF Library" variants purchased into his/her products.

Licensee may not edit or otherwise process the Licensed Object or make it available to the public.
Licensee shall not be entitled to pass the Licensed Object on to other parties.
Notwithstanding the above, Licensee shall be entitled to pass on to other parties copies of the "BCF Library" variants integrated with his/her products, as a component of those products. The right  to integrate specific variants of the "BCF Library" may be optionally purchased for each license through separate arrangement between Licensor and Licensee.
The right to pass the "BCF Editor" and license key on to other parties shall be excluded.
Licensee shall not be entitled to transfer or assign to third parties the use rights granted to him/her, or to grant sub-licenses. This especially applies for the right to integrate the "BCF Library".
The right to use the Software shall not include other Licensee products or services.

§4 License Fee

A one-time fee based on the current price list shall be charged for using the Software in accordance with the provisions under the current Agreement.

§5 Term of Agreement and Cancellation

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.

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 or does not pay the agreed license fee within the period set by demand even after repeated demands are made.

In the event of cancellation of the Agreement, Licensee must uninstall the Software, return to Licensor the copies transferred to him/her as well as any back-up copies created and destroy the license key. Proof that the back-up copies of the Software and the license key were completely destroyed must be furnished to Licensor upon Licensor demand.

§6 Changes and Updates

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.

Licensor may demand a fee for updates of this nature. Excluded from the provision above are updates which are necessary in order to correct Software defects. Licensee shall be under no obligation to obtain updates that are subject to cost.

Licensee may, at any time, extend or restrict the License it purchased by upgrading/downgrading to a different License offered by Licensor. Licensee shall then, if applicable, receive a new license key. Licensee shall destroy the obsolete license key.

§ 7 Warranty and Liability
Warranty and liability are based on the regulations stipulated under the "CalculationWorks BCF" General Terms and Conditions of Business.

§ 8 Other Provisions
No supplementary verbal or written agreements were made for this agreement.

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.

Erfurt, June 19, 2014

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