Version 1.0 (2011/07/12)
means this legal agreement, i.e. this document.
means you, either an individual or a single entity.
means yWorks GmbH, a German limited liability corporation with principal place of business in Tuebingen, Germany.
means the Javadoc extension yWorks UML Doclet, including but not limited to the yWorks UML Doclet byte code executable, sample programs, any associated files and documentations.
means the smallest organizational unit of an institute, an organization or a company.
This is a legal agreement between you, the Licensee, and yWorks.
By downloading, installing, or using the Software, you indicate that you have
read and accepted the provisions of the Agreement and that you agree to be bound
by all terms and conditions set forth herein. If you do not agree to any of
the terms of this Agreement, you have to uninstall any copies of the Software in
your possession immediately.
The Software is owned by yWorks and is protected by copyright laws. The Software is licensed to you, not sold.
Licensee is granted a non-exclusive and non-transferable license to install and use the Software.
Licensee may not reverse engineer, disassemble, decompile, alter, or translate the Software, or otherwise attempt to derive the source code of the Software.
Licensee may not rent, lease, sell, sublicense, redistribute, lend or otherwise transfer the Software or any portion thereof if not expressly allowed in the stipulations of this Agreement.
Licensee may not remove, obstruct, distort, or alter any element of a yWorks trademark, a proprietary notice or label.
The Community Edition of the Software is licensed to you free of charge. It comes without support and warranties of any kind. The Community Edition of the Software inserts a web link into your output files that points to the yWorks website. You may not change that link or prevent either display of the link or the intended use as means of navigation to get to the yWorks website in any way.
The Professional Edition of the Software is not available free of charge.
The Professional Edition does not insert a web link to the yWorks website into your output files. You need to own a license key to turn the Community Edition of the Software into a Professional Edition. There are different kinds of license types available for the Professional Edition.
A Single User License grants an individual user the right to install and use the Software on a single machine which is not used as a server. Licensee is not allowed to copy or install the Software to another machine.
A Server License grants Licensee the right to install and use the Software on a single machine which may be used as a build server in Licensee's department. Licensee is not allowed to copy or install the Software to another machine.
A Department License grants Licensee the right to install and use the Software on an arbitrary number of Licensee's machines in Licensee's department. Licensee is not allowed to copy or install the Software to any machines not belonging to Licensee's department.
The Community Edition of the Software is licensed to Licensee on an "AS IS" basis.
For the Professional Edition of the Software yWorks warrants for a period of one year from the date of delivery that the Software will perform in substantial conformance with the documentation supplied along with the Software.
yWorks makes no other warranties, either express or implied, regarding the Software, including but not limited to its merchantability or its fitness for any particular purpose.
The Licensee takes note of the fact that the Software is neither developed nor intended for high risk activities such as in the operation of nuclear facilities, aircraft navigation, traffic control, direct life support machines, or weapon systems, in which the failure of the software could lead directly to death, personal injury, or severe physical or environmental damage. Any liability therefore is excluded.
To the maximum extent permitted by law yWorks excludes any liability for any damages, including but not limited to any loss of revenue, profit, or data, however caused, directly or indirectly, by the Software or by this Agreement.
yWorks is not obliged to provide maintenance or support for the Community
Edition of the Software.
For users of the Professional Edition yWorks will provide email based support
for a period of one year after the date of delivery of the Software. Users of
the Professional Edition will be able to make use of all new versions of the
licensed Software that will be released within one year after the date of
purchase of the Software.
No distribution is to be made of the Software by Licensee. Licensee may make copies of the Software for backup purposes only.
The Software is obtained via Internet download. The license key for the Professional Edition is obtained via email.
If Licensee fails to comply with any term of this Agreement, this Agreement is terminated and Licensee has no further right to use the Software. On termination, Licensee shall have no claim on or arising from the Software. All copies of the Software have to be destroyed.
This Agreement is made and shall be construed in accordance with the laws of
Germany.
Court of Jurisdiction is Tuebingen, Germany.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
The Software uses the Batik SVG Toolkit to which the Apache License applies. The Apache License file is distributed with the Software.
This Agreement constitutes the entire agreement between Licensee and yWorks. It replaces all other representations. All modifications or extensions of this Agreement need to be put down in writing.