General License Terms
Version 2.4 (10/04/2007)
Contents
1st part A - Definitions
- Licensee
- Licensor
- Site
- Software
- Documentation
- Java Source Code
- Java Byte Code
- Java Program
- Java Name Obfuscation
- Version and Upgrades
2nd part B - yFiles Licenses
3rd part C - Miscellaneous
- 1st part A -
Definitions
- Licensee
Licensee ("LC") is a person, company or institution which licenses any of yWorks' software products, having a specified place of business resp. residence.
- Licensor
Licensor is yWorks GmbH ("yWorks"), a German corporation, having a place of business in Tübingen.
- Site
Site is defined as Licensee's specific place of business or residence respectively.
- Software
Software means in 2nd part B: yFiles. yFiles is a Java class package for viewing, editing, layouting and animating graph-like structures. The class package is written in pure Java.
- Documentation
Documentation is a manual, on-line help, or tutorial that helps a user learn or use the Software.
- Java Source Code
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
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).
- Java Program
Java program is an executable piece of Java byte code which may use (parts of) the software.
- Java Name Obfuscation
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.
- Version and Upgrades
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.
- 2nd part B -
yFiles Licenses
- Source Code License
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.
- Byte Code License
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.
- Site License
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.
- Server License
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.
- Project License
A project license is a byte code license.
A project license is valid for one authorized software project. The authorized project must be a specific software project that is defined by its name and has to be specified in the License Order.
A project license grants LC the right to use the Software concurrently by up to three (3) individual developers participating in the authorized project. Furthermore, the Software may be used as part of an automated build process for the project.
- Single User License
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.
- Evaluation License
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.
- Site License
- Academic License
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.
- 3rd part C -
Miscellaneous
- Deliverables
yWorks shall provide LC with the electronic documentation.
yWorks shall provide LC with the licensed software (internet delivery).
- Prices
The price for the software licenses directs to then-current prices which are accessible online.
- Intellectual Property
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.
- No Infringement
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.
