Preamble
The mc-quadrat components are used for the frontend of Linius.
In accordance with the licence terms by WordPress Foundations, all open-source components are published under the GNU General Public Licence version 3.0 (GPLv3). For further reading on this topic please visit http://www.gnu.org/licenses/gpl-3.0. Accordingly, all rights of use are governed by the licencing terms under GPLv3.
Users are able to acquire a non-exclusive right of use to all mc-quadrat components for an indefinite period of time to all content to the extent agreed upon.
The rules of use for mc-quadrat components may underlie further limitations, for example time, regional and content limitations may be limited to a certain amount of websites. The User has the right to install Linius on a server and use Linius for its intended purpose which is the presentation of multimedia-commentaries on the internet. The licensee is granted the right of use, provided the agreed upon payment is made in full.
mc-quadrat designed and developed the story-telling tool Linius, in cooperation with the Bavarian Broadcasting Network (BR).
Linius is a WordPress theme which, after installation, can be used to easily present visually enticing stories using images, videos and interactive elements and creating multimedia-features as one-pagers.
Parts of Linius were built using open-source components. It also consists of parts developed by mc-quadrat which are connected to open-source libraries and software such as PHP, HTML-code, Java-script (hereafter open-source components). On the one hand, we use open-source components for the backend system which runs on WordPress-functionalities.
On the other hand, Linius was built using independently developed components which don’t originate from open-source components. These include CSS, photos and images (hereafter mc-quadrat components).
The gateway which is used for data access in the backend, and can be integrated in some of the applications, are supplied under an open-source licence.
1. Subject matter of the licence agreement, contractual parties
This licence agreement governs the legal relationship between mc-quadrat and Users who purchase Linius and have received access to its use. The licence agreement is also governed by further arrangements and regulations, for example the GNU General Public Licence Version 3.0 (GPLv3). Regulations which we refer to are additional to the relationship between those of mc-quadrat and Users of Linius. The same applies to enclosures concerning system requirements.
2. Requirements of use, User responsibilities
In order to use Linius, Users must fulfil the following requirements
2.1 Users must must be able to meet a multitude of technical requirements. A webserver which meets all of the current requirements of the latest WordPress version (please refer to the latest WordPress version under: http://wordpress.org/about/requirements/), as well as a current and WordPress-compatible web-browser. Users must ensure if Linius is compatible with the chosen combination of operating system and browser. A current overview of valid system requirements can be found here.
2.2 Linius is provided as a downloadable ZIP-file. Users must install Linius on their web-server autonomously. The required steps are outlined in a text file found in the delivered ZIP-file.
2.3 Users must ensure if Linius is compatible with third party software, such as plugins/extensions/additional settings, or if errors through incompatibilities occur, before they install Linius. mc-quadrat guarantees a working Linius environment with the specified system requirements. If the User would like to use Linius with other components, they must check these possibilities self-responsibility. The User will also undertake the necessary safety measures, for example backing up their files and other WordPress components by themselves. Users must also consider if Linius is suitable for their anticipated purpose, especially if these are motivated by commercial reasons.
2.4 Modifications to Linius are made by the User at their own risk. If any damages to Linius occur, mc-quadrat shall not assume any liability or warranty.
3. Rights of use
mc-quadrat grants Users the right of use in compliance with a “split-licence”. This means that the User is granted different licences for all open-source components and mc-quadrat components of Linius.
3.1 Open-source components
All open-source components are published under the GNU General Public Licence version 3.0 (GPLv3). For further reading on this topic please visit http://www.gnu.org/licenses/gpl-3.0. Accordingly, all rights of use are governed by the licencing terms under GPLv3.
3.2 mc-quadrat components
Users are able to acquire a non-exclusive right of use to all mc-quadrat components for an unlimited period of time to all content and to the extent agreed upon.
The terms of use for mc-quadrat components may underlie further limitations, for example time, regional and content limitations may apply to a certain amount of websites. The User has the right to install Linius on a server and use Linius for its intended purpose which is the presentation of multimedia-commentaries on the internet. The licencee is granted the right of use provided the agreed upon payment is made in full.
4. Fees
4.1. in order to deliver Linius, hence providing the User access, mc-quadrat charges a once-off download-fee. Apart from this mc-quadrat will charge a licence-fee for the right to use use mc-quadrat components. The amount of this fee is outlined in our invoice.
4.2. If required mc-quadrat also offers additional services, for example support and advice concerning the use of Linius and additional marketing services. These services are agreed upon individually, calculated based on effort and can imply further terms.
4.3 Payments are to be made in Euro and within 14 days after receiving our invoice.
5. Liability and warranty
5.1. The following terms govern liability and warranty of mc-quadrat in the case of claims for compensation or claims for replacement for our Users directly or indirectly in connection with this agreement and other cases of liability, not depending on which legal ground (warranty, delay, impossibility, breach of duty, hindrance to performance, unlawful act etc.), except for the following claims from the customer:
Claims to the extent of damages resulting from loss of life, bodily injury or damage to the health of a person, mc-quadrat fraudulently concealing an error or the absence of a guaranteed characteristic for which mc-quadrat has assumed liability, damages which have occurred based on deliberate or grossly negligent breach of duty by mc-quadrat, its organs or executive employees as well as for damages based on the German laws for product liability.
These exceptions are governed by statutory regulations.
5.2. mc-quadrat and its auxiliaries are liable for property and financial damages arising from gross negligence, if these are based on a breach of significant obligation, which secures the achievement of the purpose of the contract and on whose fulfilment the customer may ordinarily rely, but is limited to the compensation of the foreseeable, typical damages concluding from this agreement.
5.3. Insofar as there is no culpable breach of essential contractual duties, the liability for slight negligence of mc-quadrat is incidentally excluded.
5.4. In all other cases the statutory rules and regulations apply.
6. Concluding terms
6.1. The legal relationship between mc-quadrat and its Users is exclusively governed by the laws of the Federal Republic of Germany, excluding the provisions of the UN Convention on Contract of the International Sale of Goods dated 11 April 1980 (CISG).
6.2. Provided the User is an enterprise or a legal entity the sole place of jurisdiction is that of mc-quadrat. mc-quadrat reserves the right to file a dispute at the Users’ place of jurisdiction. The sole place of jurisdiction is that of mc-quadrat if the User has no general place of jurisdiction within the Federal Republic of Germany.
