This website uses cookies. We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. By using this website you agree that it uses cookies.

Allgemeine Geschäftsbedingungen (Terms and Conditions)

GENERAL TERMS AND CONDITIONS FOR THE USE AND LICENSE OF TRADESIGNAL GMBH FOR TRADESIGNAL ONLINE, TRADESIGNAL ONLINE TERMINAL AND THE RECEPTION OF MARKET DATA


Contents:

A: General Provisions
B: Special Provisions for Use of the Premium Content and Realtime Data (Tradesignal Online)
C: Special Provisions for Use of Tradesignal Online Terminal
D: Final Provisions; Information on Third Party Rights

A
General Provisions

1. General, Definitions, Stock Exchange Regulations

(1) On the website www.tradesignalonline.com and under the product name “Tradesignal Online”, the company Tradesignal GmbH (hereinafter “Provider”) maintains information on financial services, such as news, analyses, contributions and price data, which as a rule are delayed by at least 15 minutes, depending on the originating stock exchange.

(2) In addition, services are offered by the Provider on the website terminal.tradesignalonline.com for download under the product name “Tradesignal Online Terminal”.

(3) All products, services and possibilities for the use of “Tradesignal Online” and “Tradesignal Online Terminal” offered by the Provider, including the reception of market data, are hereinafter referred to as “services”.

(4) “User” is any natural person or legal entity making use of the services in some way.

(5) The regulations of the corresponding stock exchange shall be observed.

(6) For all times quoted, the applicable time zone is CET (Central European Time).

2. Validity, Scope of Application, Amendment of the General Terms and Conditions

(1) These General Terms and Conditions for the Use and License (hereinafter “Terms”) apply for the use of all services and for all agreements concluded with the Provider in this connection. Deviating terms of the user shall not be applicable, unless the Provider has consented in writing to their validity.

(2) Insofar as these Terms are amended at a later time, the user will be sent the new Terms via the email address named previously by him. If the user does not file an objection to the amended Terms within three weeks after reception of the amended Terms, these new Terms shall be deemed valid as the applicable provisions. The user will be advised of this legal consequence separately in the change request by the Provider.

3. Formation of Contract, Usage, Availability

(1) Offers of the Provider are always subject to change without notice. The Provider is under no obligation to accept proposals or orders from the user. The contractual relationship only becomes legally effective with the written order confirmation by the Provider or through the corresponding provision of services. Formation of a contract can also take place online via the Internet or by email, insofar as the Provider offers this possibility.

(2) There is no right to registration or continued participation for services that are provided free of charge. No particular degree of availability is owed by the Provider for gratuitous usage of the services. Services which are made available free of charge can be terminated by the Provider at any time.

(3) The prerequisites for use of the services (hardware, internet connection etc.) must be provided and maintained by the user at his own expense.

(4) In the case of force majeure, the Provider is relieved of the obligation to perform for the duration of the impediment. Fires, strikes, lockouts and other circumstances for which the Provider is not answerable but which considerably impede or render impossible the performances of the Provider shall be deemed equivalent to force majeure.

4. Risks in Trading Securities

The Provider points out expressly that securities transactions are generally associated with financial risks and that the Provider has not provided, does not provide, and will not provide any advice regarding the business transactions envisaged by the user. The user acts on his own responsibility, and the investment decision is therefore made solely by the user trading at his own risk. Owing to the particular risks associated with incorrect setting of the parameters or with the interpretation of the data, the Provider recommends that the user seek the advice of an experienced specialist in securities trading.

5. Remuneration, Invoicing, Offsetting, Assignment

(1) The Provider makes available the service – unless arranged otherwise – to the user free of charge for proper use as intended.

(2) Insofar as services are made available by the Provider only against payment, the remuneration shall be based on the prices quoted on the website for the corresponding product.

(3) The remuneration specified at the time of formation of a contract is inclusive of the statutory value-added tax. If the legislator increases the value-added tax, the remuneration increases accordingly.

(4) Monthly recurring charges shall be payable in advance. If the fee has to be calculated for parts of a month, then it will be calculated precisely for each day, unless stipulated otherwise on the website for the corresponding product (e.g. because of stock exchange fees).

(5) The user fee is published in an automated billing statement that is made available for download in the user account.

(6) If the user participates in billing by direct debit or credit card, he shall make sure that the corresponding account has adequate coverage. If the direct debit or credit charge is rejected by the user’s bank (return debit note; charge-back), the Provider will bill the user for the expenses incurred, unless the Provider is at fault.

In case that the user takes part in the SEPA-debit advice procedure, the supplier will provide an advance information (Pre-Notification) before every SEPA debit advice to the user which contains the due amount and the due date. The user receives the advance information not later than one day before the due date of the SEPA debit advice. The advance information can be sent separated or dispatched as a part of other documents like invoices etc..

(7) The cost of using the telecommunication services of third parties (e.g. Internet access) will in all cases by borne by the user.

(8) Claims by the Provider can only be offset by the user with claims that have been established in court or that are uncontested.

(9) The user may transfer claims against the Provider to third parties only with the prior written consent of the Provider.

6. Changes of the Remuneration

(1) The Provider is entitled to increase the agreed payment if he notifies the user about the price increase by email at least four weeks in advance and also refers to the right of termination as per subsection (2) hereinbelow. It is not possible to increase the prices in respect of periods for which the user has already made payment.

(2) In the event of a price increase, the user is entitled to terminate the contract for the affected services under the terms of Section 7 subsection (2); if he makes use of this right of termination, then the user fee will be calculated using the existing price up to the effective date of termination.

(3) Price increases are excluded for a period of four months after conclusion of the contract; this shall not apply to external costs that cannot be influenced by the Provider (in particular, stock exchange fees).

7. Contractual Period, Termination

(1) All user agreements are concluded for an indefinite period, unless expressly agreed otherwise.

(2) Contracts – even for individual services – can only be terminated at the end of a month with notice of one month.

(3) In addition, any user agreement may also be terminated for good cause without notice. A good cause exists in particular if the user is in arrears for at least two payment periods or if either of the contracting parties violate any other essential contractual obligation.

(4) The termination can either be done online within the user profile or by ordinary post; in the latter case, the termination will take effect upon receipt of the letter by the Provider.

8. Obligations of the User, Use of the Services

(1) The user undertakes not to misuse the services of the Provider and to observe the relevant statutory regulations (i.e. the applicable telecommunication laws, criminal code, copyright laws etc.) and to provide on demand such information as may be requested by the originator of the market data.

(2) If there is any change in the information submitted by the user for use of the services or any change in other circumstances of relevance to the user relationship, the user shall make these changes immediately in his account profile or inform the Provider accordingly.

(3) The user is obligated to keep secret the login data for the user account (user name and passwords). The user shall be liable for any damage arising through insufficiently confidential treatment or through disclosure to third parties. If the password is lost or disclosed, or if there is any suspicion that third parties may have obtained knowledge thereof, the user shall inform the Provider without delay.

(4) The user is obligated to choose a user name that is not identical to the name of another person or institution, and that is not protected by copyright. User names and avatars may not be misleading or offensive in nature. The user is obligated to change his user name and avatars at any time if the Provider requests this on reasonable grounds.

(5) The user shall immediately report to the Provider any deficiencies detected by him, such as unavailability or incorrect content of the services, and shall take all reasonable steps to facilitate the identification of defects and their rectification.

(6) Simultaneous installations, backups and usage of market data on more than one hardware device is not permissible. It is also inadmissible to perform any actions that permit – by whatever means – more than one person to work with the market data at the same time. If the user wishes to use market data on several hardware configurations simultaneously, he must purchase the corresponding number of licenses.

(7) The user shall use the services and price data solely for his own personal purposes and shall observe the usage instructions which are made available under the service. During the use of the services, the user shall not run applications or perform actions which are likely to cause impairment of the content, data or software applications available under the services. Price data – no matter what kind – shall never be made available to third parties.

(8) Charts generated with the services may be posted in other forums solely for the purposes of discussion or as examples, as long as the relevant copyright notice of the Provider is maintained. For commercial use of the charts, or if the user runs a media service (website / forum / blog etc.) or has such a media service operated by a third party, the written permission of the Provider is needed.

(9) As far as the user participates in forums maintained by the Provider, he must abide by the rules of “netiquette”.

(10) If the user culpably fails to meet the obligations set out above, he shall indemnify and, if applicable, compensate the Provider for all claims by third parties and other damages resulting therefrom.

9. Content

(1) Content in the sense of these Terms primarily constitutes editorially processed information, such as newsletters, analyses and reports. Content in the sense of these Terms shall also include data provided by third parties, such as stock prices, and also the content of the user.

(2) Any usage other than the intended and proper online use of content – the temporary download of the relevant content for the purpose of visualization on the screen of the user – is only admissible if not prohibited by law and if authorized by the Provider in writing or expressly under the service (e.g. the posting of charts generated by Tradesignal Online in the forum at tradesignal¬online.com).

(3) Easements on the content of third parties – in particular, editorial content and data retrievable through this service, such as stock quotes – remain with the original rights holders and the Provider, unless there is a case of legitimate own use.

10. Correctness and Completeness of the Content(in particular, the prices of securities / stock quotes)

(1) The data on securities that can be accessed via the service (stock prices etc.) are not produced by the Provider but supplied by third parties. The Provider merely makes available the hardware and software capacities for processing such data.

(2) The Provider does not check the data provided by third parties for correctness and/or completeness, and can therefore not accept liability for the suitability of the data for a particular purpose.

(3) The news, analyses and other contributions which are accessible via the service reflect solely the opinion of the corresponding author and/or publisher. All such content shall not constitute any request to engage in securities transactions and cannot be a substitute for expert financial advice that is properly suited to the individual investor and security.

11. Content of the User, Participation in Services

(1) The user himself shall be solely responsible for any own content submitted by the user in forums, such as articles, opinions and data. The Provider shall not be under any obligation to render advice or to check such content for correctness, completeness and compliance with legal norms. Consequently, the user shall be liable for content he has entered into the forums by “upload”, sent via email or otherwise published or forwarded within the scope of using the services. The user is aware that, when using the services, he may be exposed to the content of other users (e.g. forums at tradesignalonline.com) that may be offensive or insulting or may violate legal norms.

(2) When using the services, the user undertakes to comply with the statutory provisions, especially those for the protection of minors, trademark rights, copyrights, naming rights, personal rights and other pertinent rights of third parties. The user is obligated to refrain from any improper use of the services, and here especially not to offer or transfer computer viruses or other malicious software, mass emails or unsolicited advertising emails (spamming), or to incite such transmission. Further, the user is obligated not to bypass the security precautions and not to use any means that may be suitable for causing damage to the facilities of these services, such as a negative effect on the structural and logical integrity of the Provider’s server or network.

(3) The user shall be liable to compensate the Provider for any damage arising from content or data for which the user is answerable and which is incorrect or offensive or infringes against any pertinent legal norms, and for damage arising from illegal use of the services.

(4) The Provider is entitled to move, edit or delete content of the user in forums of the Provider if there is justification in doing so and the changes for the user are reasonable.

12. Linking Policy

(1) Insofar as references are made by the services of the Provider to third party content (known as “links”), the following shall apply: Linked content shall be regarded as merely the listing of external content. The Provider does not check this content for correctness and/or completeness, and therefore cannot be held liable for such content.

(2) Insofar as external links refer to the services of the Provider, the following shall apply: Links shall only be permissible if, after the link is clicked, the webpage of the link originator (“linker”) is exited completely. Therefore, the so-called “inline linking” or “framing” or the use of any other technology with which the content of the services of the Provider is integrated into the content of third parties in any form whatsoever or which creates the impression that the content of the service is the content of that third party (i.e. of the linker providing a link to content of the Provider) shall be inadmissible.

(3) Linking to services of the Provider is only admissible with the prior written consent of the Provider. This consent may be obtained by sending an email to support@tradesignalonline.com with precise information about the page to be linked.

13. Usage Rights to the Software, Rights of Reproduction, Access Protection

(1) The user has the right to use the software made available for download under www.tradesignalonline.com and under terminal.tradesignalonline.com (hereinafter “the software”) for the purpose of accessing the services maintained on the server of the Provider.

(2) The user is given a personal right (licence) to use the software. The Provider is entitled to grant easements to third parties.

(3) The user is under an obligation to take suitable precautions in preventing access by unauthorized persons to the software and the documentation.

(4) The user may reproduce the software insofar as that such reproduction is necessary for utilization of the program. “Necessary reproduction” includes installation of the program to the mass storage device of the user’s hardware as well as loading of the program into the computer’s working memory. In addition, the user is entitled to reproduce the software for the purposes of making backup copies.

(5) Designations of the software, in particular copyright labels, trademarks, serial numbers or similar characteristics shall not be removed, altered or defaced.

(6) The user is not entitled to allow any third parties to use, and particularly rent or borrow, the software (including the user manual and other accompanying material), irrespective of whether this is for payment or free of charge and whether limited in time or for an unlimited duration, unless prior written consent has been obtained from the Provider.

14. Installation, Modification and Updates to the Software and the Services

(1) The user himself is responsible for installing the software. To prevent malfunctions in the system’s operation, the user undertakes to use the applications provided only in such a manner that his use does not result in any negative effects on performance and stability of the entire system.

(2) Within the scope of non-gratuitous services, the Provider may undertake reasonable modifications, such as extensions of service or improvements in performance, at any time. The user shall be informed about such modifications. Beyond this scope, the Provider is entitled to effect alterations of the contractual performance, insofar as these are needed to account for changing technical conditions, to uphold the services, or to accommodate legal requirements. These modifications shall be announced to the user at least 14 days before they come into effect; the user is then entitled to dissolve the contract in the sense of this provision, with effect from the start of the modifications, by sending a message to the Provider, upon which any remuneration paid in advance shall be refunded promptly.

15. Reverse Engineering of the Software, Program Modifications by the User

(1) The user is not entitled to modify the software in any way.

(2) Decompilation of the software is prohibited.

16. Suspension of the User Account, New Registration

(1) The Provider is entitled to suspend the user account without prior notice if the user is in serious breach of his contractual obligations, fails to observe justifiable instructions or rules of the Provider, enters a password assigned to him incorrectly more than twice, improperly passes confidential data transmitted to him, such as passwords, to unauthorized third parties or if there is any other reasonable cause to believe that the security and integrity of the services made available by the Provider are being adversely affected by the user or through the account of the user (e.g. by actions affecting the IT infrastructure).

(2) If the user provides content that may possibly violate the rights of third parties and/or infringes the rules of netiquette, then the Provider is entitled to exclude the user from further use of the affected media and services. Section 7 subsections (3) and (4) remain unaffected.

(3) The Provider is entitled to suspend or withhold his performances if the user is in arrears with payment of the remuneration.

(4) If the user account has been disabled in accordance with subsection (1) and particularly in the case of arrears or suspension of the user because of violation of these Terms or the rules of netiquette, then the user may only register again with the express permission of the Provider.

17. Liability

(1) For defects of title and material in software that is made available free of charge, the Provider shall only be liable in cases of intentional or malicious breach of duty.

(2) In all other cases, the Provider shall provide compensation for damages or reimbursement of futile expenditures, irrespective of their legal grounds, only to the following extent:

a) Liability based on intent and warranty shall be without limitation.
b) In the case of gross negligence and the negligent breach of duties which are essential for proper execution of the contract, the violation of which jeopardizes achievement of the contractual purpose, and for which the user relies on regular fulfilment, the Provider shall be liable to the amount of damage typical for such contracts and foreseeable upon conclusion of the contract.
c) The Provider shall not be liable for slight negligence of other obligations.
d) The Provider’s strict liability (without fault) for any defects already existing upon formation of the contract, as set out in Section 536a subsection (1) of the German Civil Code, is excluded.
e) The Provider shall not be liable for malfunctions that do not fall within the responsibility of the Provider, such as failures in the technical facilities of third parties, e.g. disruptions in telecommunications networks and gateways, power cuts and disturbances in the services of other providers, as well as strikes, lock-outs and other events relating to labour disputes.

(3) The above exclusions and limitations of liability shall not apply to damages arising from injury to life, body or health.

(4) The liability according to the Product Liability Act shall remain unaffected.

(5) The above provisions shall also apply in favour of the employees and vicarious agents of the Provider.

18. Termination of the Usage Right

When the contractual period ends, because of notice given or otherwise, the right of the user to deploy the software expires. The user shall destroy all software copies, all documentation (and, if applicable, their copies, summaries or extracts), all copies of the updates including the modifications, and all other confidential or proprietary information still in his possession.

B
Special Provisions
for Use of the Premium Content and Realtime Data
(Tradesignal Online)

1. Separate Agreement / Duration / Termination

(1) The Provider offers the user of “Tradesignal Online” a number of extended non-gratuitous possibilities for use – hereinafter referred to as “Premium Content” – of the services, e.g. Member Service, Reloader Service. The scope of performance depends on the corresponding service descriptions, which are available in the main navigation area under “Shop” at the time of formation of a contract.

(2) A separate agreement is concluded on the use of the services that are available as Premium Content.

(3) The contract is concluded for an indefinite period, unless a fixed duration is agreed. If a fixed term is arranged, the contract ends without any need for explicit termination. In all other cases, agreements on services of the Premium Content can be terminated by the user at any time without prior notice, with effect at the end of the usage period agreed upon in each case. In the case of termination by the Provider, a cancellation period of 2 weeks shall be observed. The provisions of Part A, Section 7 (4) apply in addition.

(4) The right to extraordinary termination for good cause shall remain unaffected.

2. Use of Realtime Data

(1) “Realtime data” are the prices of stock quotations that are supplied in realtime with due consideration of the data transmission time. The use of realtime data for commercial or self-employed purposes is only admissible after the corresponding registration.

(2) The user is not permitted to make the realtime data available to third parties, and especially not through the “SnapShot” function. Infringement of this rule gives the Provider the right to exclude the user from further use of the realtime data with immediate effect.

(3) The interactive use of price data or charts in the forum or chat room by the user considers the prices solely in relation to the corresponding scope of performance specified in the contract.

C
Special Provisions
for Use of Tradesignal Online Terminal

(1) The contractual partner in respect of the reception of market data is exclusively TeleTrader Software AG and, where applicable, the service providers offering market data free of charge (e.g. Ariva, FXDirekt). Insofar as the user concludes datafeed agreements with TeleTrader Software AG, the Provider acts as a representative of TeleTrader Software AG. For such contractual relationships, the general terms and conditions of TeleTrader Software AG shall apply.

(2) Contracts for the use of Tradesignal Online Terminal are offered exclusively to consumers (a consumer is any natural person who enters into a transaction for a purpose that cannot be attributed to a commercial or independent professional activity). Use for vocational or commercial purposes is prohibited.

(3) On conclusion of a contract, the user obtains the right to use, for the duration of the contract, the Tradesignal Online Terminal software made available by the Provider.

D
Final Provisions
Information on Third Party Rights

(1) Applicable law is the law of Federal Republic of Germany, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers who do not use the services for professional or commercial purposes, the preceding sentence 1 applies only to the extent that such protection is not withdrawn by mandatory provisions of the laws of the state in which the user has his habitual residence.

(2) The sole place of jurisdiction for all disputes arising from this contract shall be Bremen, insofar as the user is a businessman.

(3) If individual provisions of this contract are invalid or cannot be implemented, then the effectiveness of other provisions of the agreement shall not be affected thereby. The invalid or ineffective provision shall be replaced by a ruling which most closely approximates the commercial intent of the invalid or ineffective provision. Should a provision be incomplete, the parties shall formulate a ruling that corresponds most closely to what would have been reasonably agreed by the parties.

(4) The software produced by Tradesignal GmbH includes software protected by third party copyrights, which must therefore be observed. The following software components are used in accordance with the licence agreements of the corresponding rights holders:

QuickLZ Copyright © 2011 Lasse Mikkel Reinhold. All rights reserved.

Boost.Accumulators Copyright © 2005, 2006 Eric Niebler
Boost.Any Copyright © 2001 Kevlin Henney
Boost.Array Copyright © 2001-2004 Nicolai M. Josuttis
Boost.assign Copyright © 2003-2006 Thorsten Ottosen
Boost.bind Copyright © 2001-2004 Peter Dimov and Multi Media Ltd., Copyright © 2001
David Abrahams, Copyright © 2005 Peter Dimov
Boost blank.hpp Copyright © 2003 Eric Friedman
Boost.CRC Copyright © 2001, 2004 Daryle Walker
Boost cstdint.hpp Copyright © Beman Dawes 1999., Copyright © Jens Mauer 2001, Copyright © John Maddock 2001
Boost.Date_Time Copyright © 2001-2005 CrystalClear Software, Inc
Boost.Foreach Copyright © 2004 Eric Niebler.
Boost.Function Copyright © 2001-2004 Douglas Gregor
Boost.Lambda Copyright © 1999-2004 Jaakko Järvi, Gary Powell
Boost.Tribool Copyright © Douglas Gregor 2002-2004.
Boost.MPL Copyright © Aleksey Gurtovoy and David Abrahams, 2002-2004
Boost.Multi_Index Copyright © 2003-2010 Joaquin M Lopez Munoz
Boost noncopyable.hpp Copyright © Beman Dawes 1999-2003
Boost numeric/conversion/bounds.hpp Copyright © Fernando Luis Cacciola Carballal 2000-2004
Boost numeric/interval.hpp Copyright © 2000 Jens Maurer, Copyright © 2002 Hervé Brönnimann, Guillaume Melquiond, Sylvain Pion
Boost numeric/ublas/vector_sparse.hpp Copyright © 2000-2002 Joerg Walter, Mathias Koch
Boost.Pool Copyright © 2000, 2001 Stephen Cleary
Boost preprocessor.hpp Copyright © 2001 Housemarque Oy
Boost preprocessor/wstringize.hpp Copyright © Paul Mensonides 2002.
Boost.ptr_container Copyright © Thorsten Ottosen 2003-2008
Boost.Regex Copyright © 1998-2010 John Maddock
Boost scope_exit.hpp Copyright Alexander Nasonov 2006-2009
Boost scoped_array.hpp Copyright © Greg Colvin and Beman Dawes 1998, 1999., Copyright © 2001, 2002 Peter Dimov
Boost scoped_ptr.hpp Copyright © Greg Colvin and Beman Dawes 1998, 1999., Copyright © 2001, 2002 Peter Dimov
Boost shared_array.hpp Copyright © Greg Colvin and Beman Dawes 1998, 1999., Copyright © 2001, 2002 Peter Dimov
Boost shared_ptr.hpp Copyright © Greg Colvin and Beman Dawes 1998, 1999., Copyright © 2001, 2002 Peter Dimov
Boost.signals Copyright © 2001-2004 Douglas Gregor
Boost smart_ptr.hpp Copyright © 2003 Peter Dimov
Boost.StaticAssert Copyright © 2000, 2005 Steve Cleary and John Maddock
Boost.Tokenizer Copyright © Jeremy Siek and John R. Bandela 2001.
Boost tuple/tuple Copyright © 1999, 2000 Jaakko Jarvi (jaakko.jarvi@cs.utu.fi)
Boost tuple/tuple_comparison Copyright © 2001 Jaakko Jarvi (jaakko.jarvi@cs.utu.fi), Copyright © 2001 Gary Powell (gary.powell@sierra.com)
Boost.TypeTraits Copyright © 2000, 2006 Adobe Systems Inc, David Abrahams, Steve Cleary, Beman Dawes, Aleksey Gurtovoy, Howard Hinnant, Jesse Jones, Mat Marcus, Itay Maman, John Maddock, Alexander Nasonov, Thorsten Ottosen, Robert Ramey and Jeremy Siek
Boost.Typeof Copyright © 2004, 2005 Arkadiy Vertleyb, Peder Holt
Boost.Utility Copyright © 1999-2003 Aleksey Gurtovoy.

Arseny Kapoulkine (pugixml 1.0)This library is distributed under the MIT License:Copyright (c) 2006-2010 Arseny Kapoulkine

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentationfiles (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISINGFROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Microsoft Corporation (Windows Template Library (WTL) 8.1)Copyright © 2009 Microsoft Corporation. All rights reserved.

The following statement is taken from the file README.TXT found in the root of the WTL distribution:

This file is a part of the Windows Template Library. The use and distribution terms for this software are covered by the Common Public License 1.0 (http://opensource.org/licenses/cpl1.0.php) which can be found in the file CPL.TXT at the root of this distribution. By using this software in any fashion, you are agreeing to be bound by the terms of this license. You must not remove this notice, or any other, from this software.

Common Public License Version 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program."Contributor" means any person or entity that distributes the Program. "Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program."Program" means the Contributions distributed in accordance with this Agreement. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

The Mozilla Foundation (NPAPI)Version: MPL 1.1/GPL 2.0/LGPL 2.1

The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

The Original Code is mozilla.org code.

The Initial Developer of the Original Code is Netscape Communications Corporation. Portions created by the Initial Developer are Copyright (C) 1998 the Initial Developer. All Rights Reserved.

Contributor(s):

Alternatively, the contents of this file may be used under the terms of either the GNU General Public License Version 2 or later (the "GPL"), or the GNU Lesser General Public License Version 2.1 or later (the "LGPL"), in which case the provisions of the GPL or the LGPL are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of either the GPL or the LGPL, and not to allow others to use your version of this file under the terms of the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the GPL or the LGPL. If you do not delete the provisions above, a recipient may use your version of this file under the terms of any one of the MPL, the GPL or the LGPL.

Apple Computer, Inc. and The Mozilla Foundation (NPRuntime.h)Copyright © 2004, Apple Computer, Inc. and The Mozilla Foundation. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. Neither the names of Apple Computer, Inc. ("Apple") or The Mozilla Foundation ("Mozilla") nor the names of their contributors may be used to endorse or promote products derived from this software without specific prior written permission.


THIS SOFTWARE IS PROVIDED BY APPLE, MOZILLA AND THEIR CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL APPLE, MOZILLA ORTHEIR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OFLIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Mark Adler et al. (XZip)Authors:
Mark Adler et al. (see below)

Modified by:
Lucian Wischik lu@wischik.com

Version 1.0
- Turned C files into just a single CPP file
- Made them compile cleanly as C++ files
- Gave them simpler APIs
- Added the ability to zip/unzip directly in memory without any intermediate files
Modified by:
Hans Dietrich hdietrich2@hotmail.com

Version 1.1:
- Added Unicode support to CreateZip() and ZipAdd()
- Changed file names to avoid conflicts with Lucian's files

///////////////////////////////////////////////////////////////////////////////

Lucian Wischik's comments:
THIS FILE is almost entirely based upon code by info-zip.
It has been modified by Lucian Wischik.
The original code may be found at http://www.info-zip.org
The original copyright text follows.

///////////////////////////////////////////////////////////////////////////////

Original authors' comments:
This is version 2002-Feb-16 of the Info-ZIP copyright and license. The definitive version of this document should be available at ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely.

Copyright (c) 1990-2002 Info-ZIP. All rights reserved.

For the purposes of this copyright and license, "Info-ZIP" is defined as the following set of individuals:

Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen, Paul von Behren, Rich Wales, Mike White

This software is provided "as is", without warranty of any kind, express or implied. In no event shall Info-ZIP or its contributors be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. Redistributions of source code must retain the above copyright notice, definition, disclaimer, and this list of conditions.

2. Redistributions in binary form (compiled executables) must reproduce the above copyright notice, definition, disclaimer, and this list of conditions in documentation and/or other materials provided with the distribution. The sole exception to this condition is redistribution of a standard UnZipSFX binary as part of a self-extracting archive; that is permitted without inclusion of this license, as long as the normal UnZipSFX banner has not been removed from the binary or disabled.

3. Altered versions--including, but not limited to, ports to new operating systems, existing ports with new graphical interfaces, and dynamic, shared, or static library versions--must be plainly marked as such and must not be misrepresented as being the original source. Such altered versions also must not be misrepresented as being Info-ZIP releases--including, but not limited to, labeling of the altered versions with the names "Info-ZIP" (or any variation thereof, including, but not limited to, different capitalizations), "Pocket UnZip", "WiZ" or "MacZip" without the explicit permission of Info-ZIP. Such altered versions are further prohibited from misrepresentative use of the Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s).

4. Info-ZIP retains the right to use the names "Info-ZIP", "Zip", "UnZip", “UnZipSFX", "WiZ", "Pocket UnZip", "Pocket Zip", and "MacZip" for its own source and binary releases.

© Tradesignal GmbH, 2000 – 2013 alle Rechte vorbehalten.

Stand: Mai 2013