License agreement

between
INIT Individuelle Softwareentwicklung & Beratung GmbH,
Rotebühlplatz 21, 70178 Stuttgart
(hereinafter referred to as “INIT”)

and the natural or legal person who downloads, stores, uses or views the INIT software (hereinafter referred to as the “ User”).

The following agreement is concluded between INIT and the User:

Preamble

INIT provides copyright-protected software components for extracting and loading data using Apache Kafka® Connect ( hereinafter referred to as “INIT software”) via a download link for a limited period of time for download and installation for test purposes.

The offer is primarily aimed at corporate customers, although private use is nevertheless permitted. This license agreement regulates the details regarding the provision of the INIT software for test use. Please read the following provisions of this trial license carefully before downloading, saving, using or viewing the INIT software.

By doing any of the foregoing, you agree to be bound by all of the terms and conditions of this Trial License Agreement (the “License Agreement”). If you do not agree with any provision of this License Agreement, you may not download, store, use or view the INIT Software.

§1 - Scope of License

This is not copyright-free software. The User is hereby granted the right by INIT to use the INIT Software for test purposes for a period of 30 days from the date of download in accordance with the following provisions. If the User wishes to continue using the INIT Software after the 30-day trial period, the User must purchase a license from INIT against payment of a license fee. Should the user use the INIT software after the expiry of the 30-day test phase without purchasing the corresponding license from INIT or leave parts or samples of it on his hardware, this constitutes a breach of this license agreement and of German and international copyright regulations.

Subject to all provisions of this License Agreement, the User may, without payment of compensation to INIT, with this License:

  1. use the INIT Software solely for testing purposes on development and test environments and not on production environments subject to this License Agreement
  2. process non-binding, non-critical or synthetic test data.

Any rights to the INIT software that are not expressly transferred to the user with this license agreement remain exclusively and fully with INIT. The Software is protected by the German Copyright Act (UrhG) and other relevant laws and treaties.

The user is expressly prohibited from:

  1. pass on copies of the INIT software to third parties;
  2. to give third parties access to the INIT software,
  3. to use or reproduce elements of the INIT software (in particular structures, designs and their entirety) for their own purposes,
  4. Leave the INIT software on its hardware at the end of the trial period.

The user is not authorized to rent or lend the INIT software:

  1. to rent or lend it,
  2. to modify it,
  3. to translate it,
  4. to examine its functionality (“reverse engineering”), to decompile it or to break it down into its components
  5. to use it as a basis for the creation of own software programs based on the INIT software, unless this is expressly permitted by § 69e UrhG,
  6. to make it available to third parties as a data processing service provider, application service provider or similar company.

No rights of third parties can be derived from the rights of the user under this license. The license granted under this trial license agreement does not include any rights to the source code version of the INIT software.

§2 - Warranty and Limitation of Liability

INIT does not assume any warranty during the 30-day free trial period under this license. If the user has purchased a paid license as described above, his warranty claims are described in the license agreement for the paid version.

INIT is only liable for intent and gross negligence. In the event of a breach of material contractual obligations, however, INIT shall be liable in accordance with the statutory provisions. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. INIT’s liability towards entrepreneurs within the meaning of § 14 of the German Civil Code for simple negligence in the event of a breach of essential contractual obligations is also limited to the amount of damages typically foreseeable at the time of conclusion of the contract.

The above limitations of liability do not apply to damages resulting from injury to life, body or health or to claims for damages based on an expressly granted guarantee. Claims under the Product Liability Act remain unaffected.

§3 – Termination of the License

Immediately upon the expiration of the 30-day trial period for the license granted under this Agreement, User shall cease all use of the INIT Software and then, within ten (10) days, delete all electronic copies of the INIT Software, including any parts or images thereof, from its hardware.

All provisions of this License Agreement which are intended to survive the expiration of the license granted under this Agreement shall remain in full force and effect. The above provision does not affect the right to terminate the contract for good cause.

§4 – General Provisions

The INIT Software and the know-how contained in the Software are considered confidential information and business secrets (“Confidential Information”), which are legally protected for INIT and are exclusively owned or licensed by INIT; this also includes all associated copyrights and trademark rights. The User undertakes to treat the Confidential Information as strictly confidential for the benefit of INIT.

The User shall not sell, license, publish, use, reproduce, distribute or disclose the Confidential Information to third parties or otherwise make it available or cause it to be made available to third parties and shall use the Confidential Information only to the extent permitted under this License Agreement.

The obligations contained in this paragraph shall survive the termination or cancellation of this License. This License Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other or previous agreements, orders, arrangements and understandings. The promises, assurances and obligations assumed by INIT under this license agreement apply exclusively for the benefit of the user and not for the benefit of third parties.

Any waiver by INIT of any breach of this License Agreement by the User shall not be deemed a waiver by INIT of any future breach of the same or any other provision of this License Agreement by the User.

Should individual provisions of this license or the application of these provisions to individual persons or circumstances be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining license provisions or the application of these provisions to other persons or circumstances. The invalid clause shall be replaced by a clause that comes as close as possible to the economic sense and purpose of the invalid clause.

The law of the Federal Republic of Germany shall apply to this contract. If the user is a merchant or a legal entity, the parties agree that the court at the registered office of INIT in Stuttgart, Germany, shall have jurisdiction over any disputes arising from this contract.

in February 2024

1.3.5