Preamble

This text is a translation of the German original licence. In case of doubt, the German text is binding.

This licence is intended to provide for the free use of the iValidator framework by any person. The iValidator framework allows the automisation of tests for Java applications. It is intended to serve producers of Java software as an implemented product for software test automations, thereby improving the quality control for their programs.

The licensee is therefore allowed considerably more competence as would normally be allowed with proprietary software.

The iValidator framework was developed by InfoDesign OSD GmbH.

The use of the iValidator framework is allowed only within the bounds of this licence. The following licence provides simple usage rights for any person. The agreement allows the licensee unlimited copying, distribution and online provision as well as unlimited further development, alteration or other modification of the iValidator framework. In order to provide for ease of modification, the product source code is provided. The articles of this licence are only those usage activities which go beyond the utilization of the iValidator framework as intended, including the correction of errors, the production of security copies or the decompilation in order to provide interoperability with other programs. No rights need be acquired for such activities as these are covered by copyright law. (German Copyright Act). The terms of this licence do not imply any waiver of rights to the iValidator on the part of the licensor. Moreso the closure of a licence contract burdens the licensee with certain obligations. The main obligation being that all versions fo the iValidator framework which are modified by the licensee must also be covered by these licence terms (“Copyleft”). Should the licensee violate these terms, all rights to the iValidator framework are immediately rescinded.

Chapter 1: Definitions

1. Licensor: InfoDesign OSD GmbH, Pinneberg.
2. Licensee: Any person utilising iValidator under the terms of this licence.
3. Property Rights: Any exclusive rights concerning the iValidator, e.g. patent or trade mark rights.
4. Validator: The iValidator framework including all related modules, definition files for interfaces as well as scripts for compiling and installing the iValidator.
5. Complete source code: all sources for all components of iValidator.
6. Utilisation: Copying, distribution and publicly (online) making available of the iValidator, as long as these activities go beyond the correction of errors, the production of security copies or the decompilation in order to provide interoperability with other programs.
7. Modification: any addition to, deletion from, and/or change to, the substance and/or structure of the original code as long as this does not constitute merely a collection as described in §5 section 2.
8. Modifier: any person who performs a modification to the iValidator and who obtains a copyright on the modification.

Chapter 2: Usage Rights

1. The licensor declares with the closure of this contract the agreement that the usage rights for the iValidator shall be diseminated with this contract in accordance with the terms of the licence. The contract is validated upon utilisation of the iValidator code. An acceptance of terms must not be received by the licensor.
2. The licence is valid between the original licensor and the end licensee even when the iValidator is received from a third party.

§ 2 Right to Utilise Unmodified Source Code

1. With the conclusion of this Licence Contract the licensee is granted free of licence fees simple, unlimited rights to utilise the complete source code of the iValidator frameword as provided. These utilisation rights are non-transferrable.
2. The licensee may provide services for a fee, which are related to the iValidator, such as consulting services or the sale of data media that include the iValidator.

§ 3 Right to Produce and Utilise Modifications of the Source Code

1. The licensee acquires the right to modify the source code of the iValidator framework from its original form as he sees fit. Said modifications may not infringe upon the intellectual property rights of the licensor.
2. The licensee may utilise the modifications of the iValidator in observance of the obligations in Chapter 3 of this licence. The licensee may not demand licence fees for the use of modifications. Concerning offers of other services for remuneration in connection with modifications, §2 section 2 retains validity.
3. The designation "iValidator", regardless whether alone or with additions, may only be utilised for the marketing of modifications to the library with the express written permission of the InfoDesign OSD GmbH. Applications for written permission may be addressed to This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

§ 4 Rights of Utilisation of Object Code or Executables

The licensor may utilise changed or unchanged iValidator code in accordance with §§ 1 and 2 of the terms of this licence agreement in the form of object code or executable as long as the terms of § 3 are observed.

§ 5 Rights to the Utilisation of Aggregate Programs

1. The licensee may include the iValidator with other stand alone programs, which need not conform to the terms of this licence, to a collection of programs and this collection may be distributed under law.

2. In the event that iValidator should be distributed under such conditions as described above, the licence agreement is valid only for the iValidator and not for the complete aggregate program or for iValidator combined with any other individual program. The only objection to this rule could be the utilisation of the iValidator in concurrance with § 8 Section 1 of these terms of licence. As long as the source code of the iValidator and the source code of other components comprise separate files, the source code of the iValidator is considered to be separate.

§ 6 Rights to the Utilisation of the Licence Text

1. The licensee may distribute, copy and publish copies of the licence text as he/she feels fit.
2. Any person may utilise the licence text as he/she sees fit for other programs beside the iValidator framework in accordance with §1 and the text may be modified as needed.
3. Any person may utilise the text of the licence agreement in conjunction with other software programs in accordance with section 1 of this paragragh. The licence text may be modified as needed. Regardless of the original or modified form, the text may not include references to iValidator after modification and utilisation with other programs.

Chapter 3: User Obligations

§ 7 Obligations when Utilising Unchanged Source Code

1. Should the licensee distribute copies of the iValidator, he is required to include a copy of this licence with each iValidator copy. Should the iValidator be made available online, these licence provisions must be made available to any person free of charge and without restrictions. The URL of the licence must be conspicuously placed on each copy of iValidator.
2. An obvious, explicit reference to the terms of this licence must be found on each distribution copy of the iValidator made available to third parties. The references in the source code of iValidator pertaining to the originator, the holder of exclusive rights and the validity of the terms of this agreement may not be modified by the licensee.

§ 8 Additional Obligations for Utilisation of Modifications

1. Should the licensee acquire a copyright on a modification of the iValidator, the utilisation of this modification is only then allowed, when the licensee ensures that the modification conforms to the terms of this licence. The modifier may make language based amendments to the licence text as far as he is obliged to by § 3 section 3 sentence 1 and § 6 section 2. The modifier may not make changes to the content of the licence.
2. Other property rights (for instance patent or trade mark rights) which the licensee acquires with the modification or utilisation of iValidator, may not be used to limit the rights granted in this licence or other obligations of iValidator users in any way.
3. In the event that modification of the iValidator are utilised, all changes to the source code must be marked with obvious notations in the changed source code. It shall be obvious to the reader which modifications were made and at what point in time. The modifier may include a notation to his authorship.

§ 9 Special Obligations for Utilisation of Object Code or Executables

1. In the event that the licensee utilises the iValidator in object code or executable form, he is required to provide the complete machine readable source code of the iValidator as provided on a storage medium which is normally used for the exchange of software.
2. Instead of including the complete source code as set out in section 1, it is permissable, when distributing or making iValidator available online in object code or executable form, to provide with each and every copy either:
   1. An offer to send the complete source code on a storage medium normally used to exchange software, which is valid for at least 3 years and the fee of which does not exceed the cost of materials and postage; or
   2. An obvious reference to a generally accessible internet addess, from which any person may download the source code free of charge.

§ 10 Additional Obligations for the Utilisation in Aggregate Programs

1. In the event that iValidator should be utilised within an aggregate program in accordance with § 5 of this licence agreement, the licensee is required, in addition to the obligations described in §§ 7-9, to make obvious reference to the fact that iValidator is included in the aggregate program and that this may only be utilised in accordance with the terms of this licence.
2. Should the aggregate program display copyright notices during execution, references to the originator and the holder of exclusive rights on the iValidator framework must be displayed as received by the licensee.
3. In the event that technical safeguards (such as copy protection) are used on the iValidator or on the aggregate program, which precludes the utilisation and/or modification of the original or a modified iValidator as forseen in the terms of this licence for any person, the licensee is required in accordance with § 9 of this agreement to make the complete source code available to any person and, where appropriate, to make reference to the exact location of the source code (URL). Access restrictions for intranets are not considered technical safeguards in the sense of sentence 1 of this section.

Chapter 4: Deviation from the Terms of this Agreement and Forfeiture of Rights

§ 11 Special Agreement

Deviations from the terms of this licence are allowed, when a special written agreement between licensor and licensee is negotiated. Applications for special agreements may be addressed to This e-mail address is being protected from spambots, you need JavaScript enabled to view it

§ 12 Third Party Rights and National Prohibitions

In the case that the licensee is required, as a result of third party rights or national prohibitions, to deviate in part or in whole from the terms of this agreement when utilising iValidator, then the licensee is forbidden to utilise the iValidator completely.

§ 13 Forfeiture of Rights by Breach of Agreement

1. The usage rights for iValidator are immediately and retroactively forfeited upon infreingement against the terms of this licence agreement.
2. The forfeiture of usage rights as described in section 1 has no influence on the rights of other users, as long as these do not infringe on the terms of this licence.

Chapter 5: Liability and Warranty

§ 14 Liability and Warranty of the Licensor

Liability and Warranty of the licensor are limited to deliberate acts and gross negligence. Should the applicable law limit a warranty of the licensor to a case of fraudulent concealment of defects, this law shall be binding.

Chapter 6: Miscellaneous

§ 15 Applicable Law, Court of Jurisdiction

1. The applicable law for this licence agreement is German law.
2. In the case that the licensee is a business, a community, state or federal institution or a state trust, the court of jurisdiction is Pinneberg, Schleswig-Holstein, Germany

§ 16 Severability Clause

Should any section of this licence be judicially declared to be invalid, such decision shall not affect the validity of this licence as a whole or any part thereof other than the part so declared to be invalid.