Support for VisiWin Projects
Version 1.00; Last revised on 2026-05-13 Download
1 Preamble
(1) INOSOFT supports customers with various services in the creation and further development of applications based on products from the VisiWin family (hereinafter referred to as VisiWin). This includes the development of complete applications as well as individual project components, such as project frameworks or components. In later project phases or during ongoing operations, support may also take the form of reviews for optimization or troubleshooting.
(2) The provision of these services is based on years of accumulated experience, proven methods, and a growing library of base components and source code. These prior investments flow to the customer's benefit into every development project and form the basis for the high-quality and efficient implementation of the requested functionalities. They are therefore an essential part of our offerings and cannot be separated from individual projects.
2 Project Basis and Technical Framework
(1) Projects or their components developed as part of our services are generally based on VisiWin, which provides the technical foundation, particularly in the form of components and defined interfaces to the functions included in the product.
(2) Building on this, we develop during the course of the project, for example:
a. Extended functions that expand or interconnect existing product functions
b. Functions and modules that run independently or within the context of VisiWin but go beyond its standard scope
(3) These developments are generally closely linked to VisiWin both technically and conceptually and are frequently based on fundamental source code from examples or other projects. The insights and solutions that arise in this process cannot be separated — or can only be separated with considerable additional effort — in such a way as to prevent them from benefiting the further development of the product or from being used in other services. This also applies to portions of the source code created in the course of a service engagement.
3 Copyright
(1) The copyright in the source code of software created within a project is governed by law (§ 69a et seq. UrhG – German Copyright Act) and remains with the developing employees or, pursuant to § 69b UrhG (German Copyright Act), also with INOSOFT as employer.
(2) INOSOFT grants its customers usage rights to the product. This corresponds to the model generally common in the software industry and is likewise governed by our end user license agreement (https://www.inosoft.com/eula, hereinafter referred to as EULA).
(3) In our service projects, we go further, delivering the complete source code to the customer and transferring extended rights thereto.
4 What the Customer Receives
(1) Upon completion of the project and full payment of the agreed price, the customer receives:
a. The complete source code of the software developed in the project
b. The agreed technical and functional documentation
c. An unrestricted, permanent, non-exclusive right of use for the customer's own company, affiliated companies within the meaning of § 15 et seq. AktG (German Stock Corporation Act), and the customer's business partners, which may be passed on to end customers in connection with the customer's products
d. The right to further develop and adapt the software using the customer's own employees or commissioned third parties
(2) The customer may thus use, adapt, and further develop the software for its business purposes.
(3) Any transfer of usage rights or sublicensing by third parties requires a separate agreement.
5 What Remains with INOSOFT
(1) INOSOFT retains the copyright (see also Section 3 Copyright Subsection (1)) and the right to use generic components, methods, and solutions contributed or developed during the course of the project in other projects and in the further development of VisiWin. This includes in particular:
a. Base classes and reusable software components
b. Architectural patterns and technical concepts
c. Extensions and integrations based on the VisiWin APIs
d. General solutions for typical software development requirements
(2) The same applies to inventions made by INOSOFT during the course of the project that do not originate from specific customer requirements. INOSOFT is entitled to apply for and hold industrial property rights in such inventions. In return, the customer receives a non-exclusive, royalty-free license to use them within the scope of the original contractual purpose.
(3) These arrangements do not affect the customer's usage rights with respect to the intended use of the software delivered.
6 Protection of Customer-Owned Content
(1) Excluded from any transfer of ownership or use by INOSOFT are all contents that originate from or are attributable to the customer. This includes in particular:
a. Content protected by a non-disclosure agreement, if one has been concluded
b. Content provided by the customer for which the customer is authorized to use within the scope of this project, whether by virtue of its own rights or rights granted by third parties
c. Content created by the customer itself or by third parties on its behalf, particularly in the context of a collaborative project
d. Graphics, designs, and corporate identity elements
e. Business logic, processes, and company-specific data
f. Texts, media content, and other materials provided by the customer
(2) These contents, including all associated rights, remain exclusively the property of the customer. INOSOFT undertakes not to use them in other projects or to disclose them to third parties.
(3) As regulated in Section 2 Project Basis and Technical Framework Subsection (3) above, the resulting software may contain source code, methods, and insights from INOSOFT. Any application for intellectual property rights in the resulting software – in whole or in part – by the customer therefore requires the prior written consent of INOSOFT. INOSOFT is not obligated to consent to such an application.
7 Customer-Specific Adaptations and Extensions in the Product
(1) In some cases, customer-specific software extensions or adaptations to VisiWin may be necessary in order to efficiently implement a desired function within the project.
(2) INOSOFT will examine the possibility of implementing these by mutual agreement at the required time within the scope of the customer project and making them available in an appropriate form.
(3) Customer-specific extensions may include functions that are outside the planned product roadmap or need to be developed ahead of schedule. The additional effort involved may justify a cost contribution from the customer.
(4) In this case, the customer receives the same usage rights to the modified software as to the overall product, as governed by the EULA.
(5) All source code, documentation, designs, and other work results remain the property of INOSOFT.
(6) INOSOFT is responsible for the ongoing maintenance, updating, and technical documentation of the provided features. They are made available to all customers as part of the product in the usual manner.
8 Use of Artificial Intelligence Tools
(1) INOSOFT may use AI-assisted tools in the provision of its services.
(2) Their use is subject exclusively to INOSOFT's internal AI usage policy.
(3) This policy precludes the processing of confidential or personal customer data in AI systems and ensures that professional responsibility for all work results remains with INOSOFT.
9 Transparency and Fairness
(1) We disclose these provisions before the start of every project because we consider a clear and fair basis for cooperation to be self-evident.
(2) The model described enables us to deploy our experience and proven solutions in customer projects and to further develop them over the course of such projects. We also advance our product on the basis of these practical insights.
(3) All parties involved benefit from this approach. Should any client disagree in whole or in part with the procedure agreed upon here, we will jointly explore a separate arrangement.
10 Scope and Provision of this Document
(1) This document applies in its current version at the time of commissioning to every service engagement carried out by INOSOFT or an affiliated company for customers. This includes both project support services and training and workshop events, in the course of which examples and project components are typically created.
(2) The current version will be made available on INOSOFT's website in both German and English and linked in commercial documents in the same manner as the General Terms and Conditions and the EULA.
11 Jurisdiction and Applicable Law
(1) The place of jurisdiction for all disputes arising from this agreement is Herford.
(2) German law applies.
12 Amendments, Validity, and Other Provisions
(1) Amendments and additions to these provisions must be made in writing. In general cases, INOSOFT will publish a new version of this document.
(2) INOSOFT will evaluate any amendment requests from a customer. If the parties agree on deviating provisions, INOSOFT will decide whether these are adopted for general use or incorporated into an individual agreement for that customer.
(3) Should individual provisions of this document be or become invalid, the remainder of the document shall remain in effect. An invalid provision will be replaced by a valid provision that most closely approximates the original intent.