This is a legal agreement ("Agreement") between you („Licensee“ or "you"), either an individual or a single entity, having a specified place of business or residence („authorized site”) and Algorithmic Solutions Software GmbH („AlgoSol“).
Please read the following Agreement carefully.
By clicking on „accept“ or by downloading or installing the LEDA Graphs package you indicate that you have read and accept 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 the terms of this Agreement, decline where indicated, and do not download, install, copy or otherwise use the Software.
1. Copyright & Title To The Software
LEDA Graphs, including but not limited to the code, sample programs, any associated files and documentations (the "Software"), is owned by AlgoSol and is protected by copyright laws. The Software and all copies thereof are proprietary to AlgoSol and title thereto remains in AlgoSol, at all times.
The Software is licensed to you, not sold.
2. Site Development License
The Site Development License is valid for one authorized site. The authorized site must be a specific place of business of Licensee that is defined by a physical address and has to be specified in the License Order.The Site Development License allows Licensee the right to install and use the Software on an arbitrary number of machines operated by the Licensee at his authorized site. A Site License grants you the right to share or use the Software concurrently by multiple individual developers at the authorized site.
Licensee may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to a third party. Licensee is explicitly prohibited from distributing the Software, in whole or in part, to any third party, except as expressively granted herein.
You are not allowed to reverse engineer, decompile, de-obfuscate or otherwise attempt to derive the source code of the Software, create derivative works, modify, translate, or disassemble the Software, unless and only to the extent that such activity is expressly permitted by applicable law or by this Agreement.
The Software may include certain files intended for distribution by you to users of software applications that you create. These files are called Redistributable(s) and include library files. You may not distribute any files, except those that AlgoSol has expressly designated as Redistributable.
You are entitled to deliver Redistributables as part of your own software applications if and only if the Redistributables have been protected by obfuscation via an obfuscator prior to distribution. Minimum requirement on the obfuscation process is that all essential class and type names, as well as class and type member names contained in the Redistributables are obfuscated. With the obfuscation it shall no longer be possible to use the functionality of the Redistributables via their public API. The obfuscation of the Redistributables may be performed by any obfuscator fulfilling the minimum requirement as defined above.
Your own software applications may not expose the functionality provided by the Software in a way that enables a third party to use these applications as a complete or partial replacement of the Software. This especially means that your applications may not expose an API to a third party that will allow them to access functionality provided by the Software. Redistributables may only be distributed with and for the sole purpose of executing applications permitted under this Agreement and which you have created using the Software.
Licensee owns all rights to programs created using the Software, and Licensee owes no fee for users of his software and owes no royalties for selling such programs.
You may not remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of AlgoSol or its suppliers on, in, or displayed by the Software.
Effective date of a Site Development License is receipt of the license price.
3. Limited Warranty and Liability
AlgoSol warrants for a period of ninety (90) days from the date of delivery that
- the Software will perform in substantial conformance with the documentation supplied with the Software,
- the physical media on which the Software is furnished will be free from defects in materials and workmanship.
AlgoSol 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 AlgoSol 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.
4. Maintenance and Support
AlgoSol is not obliged to provide maintenance and support to the Licensee unless the Licensee licenses the Software with the additional LEDA GRAPHS Support Services option. Support term is 1 year, the support can be renewed at the end of the term.
AlgoSol may terminate the support at any time for reasons including circumstances where the Software has become obsolete or has been modified, or where a third party maintainer has ceased to provide the necessary services, or if the Licensee fails to supply AlgoSol full and accurate information required for rendering support services.
No distribution is to be made of the Software by the Licensee. The Licensee may make copies of the Software for backup purpose only.
Please see AlgoSol Sales & Delivery Terms.
7. Payment Terms
Please see AlgoSol Sales & Delivery Terms.
8. Intellectual Property / No Infringement
AlgoSol warrants it has the right and authority to license the Software to the Licensee in accordance with the terms herein. AlgoSol has full power and authority to grant the Licensee the rights granted herein. AlgoSol warrants that the performance of the terms herein and of AlgoSol‘ duties to the Licensee hereunder will not breach any separate agreement or arrangement by which AlgoSol is bound.
AlgoSol warrants that the Software delivered to the Licensee hereunder do not violate or infringe any patent, copyright, trade secret or other proprietary right of any third party, and that AlgoSol is not aware of any facts upon which such a claim for infringement could be based.
If the Licensee fails to comply with any term of this Agreement, this Agreement is terminated and the Licensee has no further right to use the Software. On termination, the Licensee shall have no claim on or arising from the Software. The Software and any copies shall be destroyed.
10. Applicable Law and Court of Jurisdiction
This Agreement is made and shall be construed in accordance with the laws of Germany. Court of Jurisdiction is Saarbrücken, Germany.
11. Construction Clause
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.
12. Entire Agreement
This Agreement constitutes the entire license agreement between the Licensee and AlgoSol. It replaces all other representations. All modifications or extensions of this Agreement need to be put down in writing. Licensee shall not be entitled to assign any rights under this agreement to any third party without AlgoSol's prior written consent.
October 18, 2017
Algorithmic Solutions Software GmbH