Licensee ("LC") is a person, company or institution which licenses any of yWorks' software products, having a specified place of business resp. residence.
Licensor is yWorks GmbH ("yWorks"), a German corporation, having a place of business in Tübingen.
Site is defined as Licensee's specific place of business or residence respectively.
Software means in 2nd part B: yFiles, in 3rd part C: LEDAGraphAlgo. yFiles is a Java class package for viewing, editing, layouting and animating graph-like structures. The class package is written in pure Java. LEDAGraphAlgo is a package containing the graph- and network algorithms of the C++ algorithms library LEDA - as described in the chapter graph algorithms in the LEDA manual - and providing these algorithms via JNI as yFiles interface. The package is written in C++ and Java.
Documentation is a manual, on-line help, or tutorial that helps a user learn or use the Software.
Java source code is the human written or/and tool-generated Java code which is used as input to the Java compiler in order to produce the Java byte code.
Java byte code is the code the Java compiler produces from Java source code. Java byte code is interpreted (executed) by a Java Virtual Machine (JVM).
C++ source code is the human written or/and tool-generated code which is used as input to the compiler in order to produce the object code. C++ object code is the code the C++ compiler produces from the C++ source code.
Java program is an executable piece of Java byte code which may use (parts of) the software.
Java name obfuscation changes class, field and method names in a consistent but nonsensical way that does not change the functionality of the software but makes decompiled java code harder to read and publicly available API description of the original code inapplicable to the obfuscated code.
A software version number consists of two or more digits. Two digits stand for a new version, three or more digits for a bug fix release. Bug fix releases refer to one software version namely to that which corresponds to the two leading digits of its version number. A software license is valid for only one version and its bug fix releases. To get a new version LCs have to license the upgrade of the software. In the scope of a support or subscription agreement software upgrades are distributed free of charge.
A source code license gives LC the right to use yFiles as Java source code.
The source code license grants LC the right to develop programs using yFiles. It further allows LC to use, translate, modify, create derivative works, and distribute such programs.
There is no fee for users of these programs, and there are no royalties for selling such programs.
The source code license grants LC the right to install and use the software on an arbitrary number of LC´s machines in his/her site. LC may not sell, rent, loan or otherwise encumber or transfer the software in whole or in part, to a third party. Especially LC is not allowed to distribute (parts of) the software beyond the code being part of the program to a third party.
LC is not allowed to wrap the software in a way that allows his/her customers to use the functionality of yFiles for software development.
LC is entitled to deliver (parts of) yFiles together as part of his/her own programs only if the yFiles classes have been protected by obfuscation via a Java obfuscator. Minimum requirement on the obfuscation process is that all essential class, method, and field names of the classes belonging to yFiles are obfuscated. With the obfuscation it shall no longer be possible to use the functionality of yFiles via the publicly available yFiles API.
The obfuscation of yFiles may be performed by any obfuscator fulfilling the minimum requirement as defined above. yWorks provides a cost free obfuscator which fulfils the minimum requirement.
Effective date of a yFiles source code license is receipt of license payment.
If LC is more than 10 working days in delay with a due payment yWorks shall be entitled to require the temporary deletion of the Software and of all programs developed using the Software. yWorks shall not be obliged to declare cancellation of the contract prior to that demand.
A byte code license gives the right to use yFiles as byte code.
It grants LC the right to develop programs using yFiles. It further allows LC to use, translate, modify, create derivative works, and distribute such byte code and programs. There is no fee for users of these programs, and there are no royalties for selling such programs.
LC may not sell, rent, loan or otherwise encumber or transfer the software in whole or in part, to a third party. Especially LC is not allowed to distribute (parts of) the software beyond the code being part of the program to a third party.
LC is not allowed to wrap the software in a way that allows his/her customers to use the functionality of yFiles for software development.
LC is entitled to deliver (parts of) yFiles together as part of his/her own programs only if the yFiles classes have been protected by obfuscation via a Java obfuscator. Minimum requirement on the obfuscation process is that all essential class, method, and field names of the classes belonging to yFiles are obfuscated. With the obfuscation it shall no longer be possible to use the functionality of yFiles via the publicly available yFiles API.
The obfuscation of yFiles may be performed by any obfuscator fulfilling the minimum requirement as defined above. yWorks provides a cost free obfuscator which fulfils the minimum requirement.
LC is not allowed to reverse-engineer, disassemble, decompile the Software, or otherwise attempt to derive the source code of the Software.
Effective date of a yFiles byte code license is receipt of license payment.
If LC is more than 10 working days in delay with a due payment yWorks shall be entitled to require the temporary deletion of the Software and of all programs developed using the Software. yWorks shall not be obliged to declare cancellation of the contract prior to that demand.
A site license is a byte code license.
The site license grants LC the right to install and use the software on an arbitrary number of LC´s machines in his/her site.
A server license is a byte code license.
The server license grants LC the right to install and use the software on a single machine which may be used as a server. The number of clients is not bounded. LC is not allowed to copy or install the software to another machine.
A single user license is a byte code license.
The single user license grants LC the right to install and use the software on a single machine which is not used as a server. LC is not allowed to copy or install the software to another machine.
An evaluation license is a byte code license.
A yFiles evaluation license permits the use of yFiles for a limited trial period. If a product is developed based on yFiles during the trial period, LC must purchase a commercial license.
An extension of the trial period can be granted upon written request.
After termination of the trial period all copies of the evaluation software have to be completely deleted.
The academic license types refer to the commercial license types described in B II.
An academic license restricts the use of the software to non-commercial purposes (research, teaching, projects, courses and application development).
Any software developed under an academic yFiles license may not be transferred in whole or in part, to a third party being a commercial institution or commercially using the software. Commercial institution hereby is defined to be any company or organization with profit interest, commercial use is defined as any use within a commercial institution, any use with profit interest or any use within a cooperation of two or more parties with at least one party having a profit interest or being a commercial institution.
A LEDAGraphAlgo license is a combined Java byte code and C++ object code license.
It is only available for owners of a valid yFiles and a valid LEDA license.
The LEDAGraphAlgo license allows the use of the C++ object code and the Java byte code of LEDAGraphAlgo.
A LEDAGraphAlgo license grants LC the right to develop programs using LEDAGraphAlgo. It further allows LC to use, translate, modify, create derivative works, and distribute such programs. There is no fee for users of these programs, and there are no royalties for selling such programs.
LC may not sell, rent, loan or otherwise encumber or transfer LEDAGraphAlgo in whole or in part, to a third party. Especially LC is not allowed to distribute (parts of) LEDAGraphAlgo beyond the code being part of the program to a third party.
LC is not allowed to wrap the data types and algorithms of LEDAGraphAlgo in a way that allows his/her customers to use the functionality of LEDAGraphAlgo for software development.
LC is not allowed to reverse-engineer, disassemble, decompile the byte code, or otherwise attempt to derive the source code of the software.
Effective date of a LEDAGraphAlgo license is receipt of license payment.
If LC is more than 10 working days in delay with a due payment yWorks shall be entitled to require the temporary deletion of the software and of all programs developed using the software. yWorks shall not be obliged to declare cancellation of the contract prior to that demand.
The site license is a license pursuant the terms in I.
The site license grants LC the right to install and use LEDAGraphAlgo on an arbitrary number of LC's machines in his/her site.
The LEDAGraphAlgo site license corresponds with the yFiles source code license and with the yFiles site license.
The server license is a license pursuant the terms in I.
The server license grants LC the right to install and use LEDAGraphAlgo on a single machine which may be used as a server. The number of clients is not bounded. LC is not allowed to copy or install LEDAGraphAlgo to another machine.
The LEDAGraphAlgo server license corresponds with the yFiles server license.
The single user license is a license pursuant the terms in I.
The single user license grants LC the right to install and use LEDAGraphAlgo on a single machine which is not used as a server. LC is not allowed to copy or install LEDAGraphAlgo to another machine.
The LEDAGraphAlgo single user license corresponds with the yFiles single user license.
A LEDAGraphAlgo evaluation license is a machine bound license and permits the use of LEDAGraphAlgo for a limited trial period. If a product is developed based on LEDAGraphAlgo during the trial period, LC must purchase a commercial license.
A LEDAGraphAlgo evaluation license corresponds with the yFiles evaluation license.
The academic license types refer to the commercial license types described in I.
An academic license restricts the use of the software to non-commercial purposes (research, teaching, projects, courses and application development).
Any software developed under an academic yFiles license may not be transferred in whole or in part, to a third party being a commercial institution or commercially using the software. Commercial institution hereby is defined to be any company or organization with profit interest, commercial use is defined as any use within a commercial institution, any use with profit interest or any use within a cooperation of two or more parties with at least one party having a profit interest or being a commercial institution.
The academic LEDAGraphAlgo license corresponds with the academic yFiles license.
yWorks shall provide LC with the electronic documentation.
yWorks shall provide LC with the licensed software (internet delivery).
The price for the software licenses directs to then-current prices which are accessible online.
yWorks warrants it has the right and authority to license the software to LC in accordance with the terms herein. yWorks has full power and authority to grant LC the rights granted herein. Further yWorks warrants that the performance of the terms herein and of yWorks duties to LC hereunder will not breach any separate agreement or arrangement by which yWorks is bound.
yWorks warrants that the software and documentation delivered to LC hereunder do not violate or infringe any patent, copyright, trade secret or other proprietary right of any third party, and that yWorks is not aware of any facts upon which such a claim for infringement could be based.