Licence Poses++ 19.09.2023 copyright © 1996..2021, Gesellschaft für Prozeßautomation & Consulting mbH copyright © 2021..2023, Andrae Behrens Stangengrüner Str. 68 D-08485 Lengenfeld Germany While anybody may copy this licence document and make it available to third parties, it is not allowed to make any changes in this licence document. 1. Definitions Defined terms in this Agreement shall have the meanings set forth below. 1.1. Licensee shall mean any persons or corporations which have recognized the following licence terms and conditions for the use of the Poses++ Software in an agreement entered into with Andrae Behrens. 1.2. Software shall mean all files for Poses++ Version 2.3 and all the next versions published by Andrae Behrens, irrespective of the way in which these files are stored and of the carrier on which they are stored. This definition of the term Software shall not apply to Licence Entries in the sense of section 1.5. 1.3. Documentation shall mean all files published by Andrae Behrens for Poses++ Version 2.3, which files are not themselves required for the behaviour of the software, but serve for explaining the same. 1.4. Licence Threshold shall mean a program situation of Poses++ simulation server, the part of Poses++ Software which runs simulation experiments. The simulation server of Poses++ contains Licence Thresholds which have been tied to a maximum amount of modelling elements. If Poses++ simulation server loads a model exceeding the Licence Thresholds specified by Andrae Behrens, it will request the licence management, also part of Poses++ software, to release the necessary amount of Licence Entries at least only one Licence Entry. When Poses++ simulation server will fall below its Licence Threshold the occupied Licence Entries will be handed back for another release to Poses++ licence management. 1.5. The terms Licence Entry / Licence Entries shall mean one or several non executable files and their contents, which explicitly do not belong in the sense of sections 1.2. and 1.3. to the Software or Documentation. Licence Entries are required for a Licensee who uses or wishes to use the Software beyond Licence Thresholds defined in 1.4. 2. Scope of Licence 2.3. With this Agreement, Andrae Behrens grants to Licensee the non-exclusive, non transferable licence to use both the Software in a form suited for binary execution and the Documentation to the extent specified below during the term of this Agreement. 2.2. A Licensee recognizes the terms and conditions of this Agreement even without the Licensors knowledge if he uses, duplicates or makes available to a third party the Software and/or the Documentation. By performing at least one of these activities, he irrevocably and completely declares his consent with the content of this Licence Agreement. 2.3. The Software and the Documentation are and remain the Licensors property. The Licensor retains the copyrights in the Software and Documentation. 2.4. The licence entitles the Licensee to use the Software below its Software Thresholds. The licence entitles the Licensee to use the Documentation. 2.5. The licence does not entitle the Licensee to make any modifications to the Software and/or Documentation. 2.6. The licence entitles the Licensee to completely copy the Software and the Documentation and to pass on either of them completely to third parties. In such a case, the Licensee shall be liable to the Licensor for ensuring that the copy of the Software will remain unchanged and that the copies passed on are unchanged. The licence shall not entitle the Licensee to copy Licence Entries or to pass them on to third parties. 2.7. Any changes occurring with respect to the existing legal form of the Licensor or the transfer of the Licensors rights to any person other than the legal entity mentioned in section 1.1. shall not affect the rights and obligations of the Licensee under this Licence Agreement. 3. Term of Agreement 3.1. The Licensee shall be entitled at any time by notice in writing to the Licensor to terminate the licence. 3.2. The Agreement shall remain in effect for an indefinite period. The Licensees right to use the Software and the Documentation shall automatically extinguish without notice if he violates any of the provisions of this Agreement. 3.3. The Licensor shall be entitled to terminate the licence without notice if the Licensee violates any of the clauses of this Agreement. The Licensor shall notify the Licensee in writing of such a termination. Provided that the termination is justified, the Licensees right to use the Software and the Documentation shall extinguish with immediate effect without prejudice to the Licensors right to claim damages from the Licensee. 3.4. On termination of the licence, the Licensee shall be obliged to destroy the Licence Entries made available to him by the Licensor and to confirm to the Licensor in writing that such destruction has taken place. 4. Warranty 4.1. The Licensor makes no warranties whatsoever that the Software and Documentation are free from defects. The Licensor in particular disclaims any warranties that the Software will meet the requirements and purposes of the Licensee or will function with any other programs selected by him. The responsibility for the proper selection and the consequences of the use of the Software as well as of the results intended or achieved with it shall exclusively rest with the Licensee. The same shall apply with respect to the Documentation. This licence allows the Licensee to check beforehand the principal usability of the Software and Documentation and to convince himself of the properties of the Software and Documentation below the Licence Thresholds. The information provided in the documentation material shall not be construed as being warranted properties in the sense of § 459 sec. 2 of the civil code (BGB). 4.2. The Licensor shall not be liable for any damage unless such damage has been caused with intent or through gross negligence on the part of the Licensor. Notwithstanding this provision, the Licensor shall be liable to the Licensee only if the Licensor has made available to the Licensee for remuneration at least one Licence Entry. Warranties for consequential damage are expressly disclaimed. 5. Validity of Licence Terms and Conditions 5.1. The terms and conditions set forth in this Agreement shall come into effect on 01/01/2006. 5.2. The Licensor shall be entitled at any time to modify the licence terms and conditions. Such modified licence terms and conditions shall take effect at the time of notification. The Licensee shall be entitled only in the sense of the provisions set forth in item 5.3. to invoke the licence conditions valid at the time of written recognition. 5.3. If the Licensee has notified the Licensor in writing of the recognition of this Licence Agreement before the Licensor has declared any future terms and condition deviating from this Agreement to be effective, the licence terms and conditions set forth hereunder shall be valid for the Licensee up to the time of termination of the right of use (see 3.). 5.4. The validity of Licence terms and conditions also applies to all the next versions beginning from the Version 2.3 of the Software and Documentation unless follow updates by the Licensor. 6. Rights of Third Parties 6.1. The use of the Software implicitly requires the use of other software programs not covered by the present licence. These software programs require GNUs gcc and includes John Ousterhouts tcl/tk. The licence terms and conditions for these software tools are not affected by the present Licence Agreement for the use of Poses++ and apply independently of the same. 7. Choice of Law/Legal Venue 7.1. This Agreement shall be governed by the law of the Federal Republic of Germany. 7.2. Zwickau, Federal Republic of Germany, shall be the place of jurisdiction.