201 lines
10 KiB
Plaintext
201 lines
10 KiB
Plaintext
MXGRAPH GENERAL LICENSE STATEMENT AND LIMITED WARRANTY
|
|
IMPORTANT - READ CAREFULLY
|
|
|
|
This license statement and limited warranty constitutes a legal agreement
|
|
("License Agreement") between You (either as an individual or a single entity)
|
|
and JGraph Ltd. for the software product ("Software") identified above,
|
|
including any software, media, and accompanying on-line or printed
|
|
documentation. By installing, copying, or otherwise using the
|
|
Software, you are agreeing to be bound by the terms of this Agreement. If you
|
|
do not agree to the terms of this Agreement, you are not authorized to use
|
|
this Software.
|
|
|
|
|
|
Definitions:
|
|
|
|
"mxGraph" shall mean a programmer's toolkit for building interactive
|
|
online diagramming applications as originally created by JGraph Ltd
|
|
|
|
"Software " shall mean mxGraph, as originally created by
|
|
JGraph Ltd.
|
|
|
|
"Licensee" is you, only if you agree to be bound by the terms
|
|
and conditions set forth in this Agreement.
|
|
|
|
"Commercial use" means use by any organisation or
|
|
private individual where the use does affords the Licensee any financial
|
|
gain. Use of the Software internally within a for-profit organisation
|
|
constitutes commercial use.
|
|
|
|
"Source code" means the Javascript files in the
|
|
Software package
|
|
|
|
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND
|
|
BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
|
|
|
|
Upon your acceptance of the terms and conditions of the License Agreement,
|
|
JGraph Ltd. grants you the right to use the Software in the manner provided
|
|
below. This license is perpetual, no additional payment is required to
|
|
maintain it, with the exception of you breaking any part of this license, in
|
|
which case you lose all rights under the license.
|
|
|
|
You may transfer the rights granted to you under this agreement in and to the
|
|
Software and documentation on a permanent basis provided you retain no copies,
|
|
the recipient agrees to the terms of the License Agreement and the total number
|
|
of developers licensed to use the software, in the case of a company license,
|
|
does not exceed twice the number of licensed developers at the time of license
|
|
purchase. JGraph Ltd must be informed in writing of the transfer.
|
|
|
|
Except as provided in the License Agreement, you may not transfer,
|
|
rent, lease, lend, copy, modify, translate, sublicense, time-share or
|
|
electronically transmit or receive the Software, media or documentation. When
|
|
transferring licenses, the whole of the licensed product must be transferred,
|
|
a multiple license may not be split as part of a transfer.
|
|
|
|
DEVELOPER LICENSE TERMS
|
|
|
|
To develop products using the Software, you require a number of development
|
|
licenses equal to the number of engineers developing the application area
|
|
that specifically uses the Software. This is the maximum number
|
|
of such developers over any 1 month sliding window. A development license is
|
|
not required in order build an application that uses the software.
|
|
|
|
You may not develop a number of products using mxGraph that exceeds the number
|
|
of development licenses you own.
|
|
|
|
Developing an mxGraph based application completely during the evaluation
|
|
period and claiming to require no development licenses is not permitted.
|
|
A number of development licenses must be acquired equal to the maximum number
|
|
of developers of the mxGraph specific parts of the application at any point
|
|
during evaluation or production.
|
|
|
|
A Company Developer License may be installed on any number of computers and be
|
|
used by any number of developers at any time any the condition that those
|
|
developers are employed by the licensee company, any subsidiary company of the
|
|
licensee company. JGraph Ltd. grants to you as an organization of individuals,
|
|
nonexclusive licenses to install and use the Software for the sole purposes of
|
|
designing, developing and testing application programs which you create. You
|
|
may install copies of the Software on any number computers throughout the
|
|
organization for which the license was purchased.
|
|
|
|
In addition to the right to install the complete software on the specified
|
|
number of computers, the Source code may also be placed on storage devices
|
|
for the purposes of version control, automated building and archiving.
|
|
The entire downloaded Software package may also be archived within the
|
|
purchasing company organization for backup purposes.
|
|
|
|
|
|
ADDITIONAL REDISTRIBUTION TERMS FOR SOFTWARE
|
|
|
|
JGraph hereby grants to you the worldwide, non exclusive, perpetual right
|
|
under all intellectual property rights in and to the Software to
|
|
incorporate the Software in whole or in part in your offerings and to
|
|
redistribute the Software as incorporated to your customers and distributors
|
|
and resellers.
|
|
|
|
You may not distribute any program or file which includes, is created from,
|
|
or otherwise incorporates portions of the Software if such program or file
|
|
is and the primary purpose of which is to be a general purpose diagramming
|
|
tool, diagramming component, or is otherwise generally competitive with or
|
|
a substitute for any JGraph Ltd product. Your mxGraph based application
|
|
must not only be an online diagramming tool, it must be part of a larger
|
|
system of which visualization is one element. For example, creating only
|
|
an online business process modelling web site using mxGraph is not permitted.
|
|
Creating a business process modelling tool for a specific workflow engine
|
|
is permitted.
|
|
|
|
Your mxGraph based application must not be competitive with the main JGraph Ltd
|
|
generic online diagramming application, named "draw.io" at the time of writing.
|
|
This clause applies regardless of any subsequent naming changes to the draw.io
|
|
application. Your application may also not be competitive with any of the
|
|
integrated product versions of draw.io.
|
|
|
|
You may not expose the mxGraph API for developer use in your product.
|
|
|
|
You are strongly advised to seek clarification on what is deemed competitive
|
|
prior to purchase. OEM licensing terms are available for cases that do not
|
|
fall under this license.
|
|
|
|
MARKETING
|
|
|
|
JGraph Ltd is permitted to reference you as a user of the Software in customer
|
|
lists on the JGraph web-site, in presentations to clients and at trade events.
|
|
|
|
LIMITED WARRANTY
|
|
|
|
JGraph Ltd. warrants that the Software, as updated and when properly used,
|
|
will perform substantially in accordance with the accompanying documentation,
|
|
and the Software media will be free from defects in materials and workmanship,
|
|
for a period of ninety (90) days from the date of receipt. Any implied
|
|
warranties on the Software are limited to ninety (90) days. Some
|
|
states/jurisdictions do not allow limitations on duration of an implied
|
|
warranty, so the above limitation may not apply to you.
|
|
|
|
This Limited Warranty is void if failure of the Software has resulted from
|
|
accident, abuse, or misapplication. Any replacement Software will be warranted
|
|
for the remainder of the original warranty period or thirty (30) days,
|
|
whichever is longer.
|
|
|
|
JGraph warrants that as provided the Software does not contain any malicious
|
|
code inserted to affect the functioning of the Software or any computer that
|
|
the Software runs on. Any developer using mxGraph must have a broad
|
|
understanding of security issue relating to web application and must take all
|
|
reasonable steps at a system level to mitigate those risks.
|
|
|
|
JGraph warrants that the Software does not infringe any patent, copyright or
|
|
design secret of any third party. JGraph is not aware of any facts upon which
|
|
such a claim for infringement could be based.
|
|
|
|
|
|
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JGRAPH LTD. AND ITS
|
|
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
|
|
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
|
|
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO
|
|
THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
|
|
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
|
|
VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
|
|
|
|
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
|
|
NO EVENT SHALL JGRAPH LTD. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
|
|
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
|
|
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
|
|
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF
|
|
OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
|
|
PROVIDE SUPPORT SERVICES, EVEN IF JGRAPH LTD. HAS BEEN ADVISED OF THE
|
|
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
|
|
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT
|
|
APPLY TO YOU.
|
|
|
|
|
|
HIGH RISK ACTIVITIES
|
|
|
|
The Software is not fault-tolerant and is not designed, manufactured or
|
|
intended for use or resale as on-line control equipment in hazardous
|
|
environments requiring fail-safe performance, such as in the operation of
|
|
nuclear facilities, aircraft navigation or communication systems, air traffic
|
|
control, direct life support machines, manufacturing process control systems,
|
|
financial trading or weapons systems, in which the failure
|
|
of the Software could lead directly to death, personal injury, or severe
|
|
physical or environmental damage ("High Risk Activities"). JGraph Ltd. and
|
|
its suppliers specifically disclaim any express or implied warranty of fitness
|
|
for High Risk Activities.
|
|
|
|
GENERAL PROVISIONS
|
|
|
|
This License Agreement may only be modified in writing signed by you and
|
|
JGraph Ltd. If any provision of this License Agreement is found void or
|
|
unenforceable, the remainder will remain valid and enforceable according to its
|
|
terms. If any remedy provided is determined to have failed for its essential
|
|
purpose, all limitations of liability and exclusions of damages set forth in
|
|
the Limited Warranty shall remain in effect.
|
|
|
|
GOVERNING LAW AND JURISDICTION
|
|
|
|
This Agreement shall be subject to and governed by the Law of England and
|
|
Wales. Any dispute arising out of or in connection with this Agreement shall
|
|
be exclusively dealt with by the courts of England and Wales. This License
|
|
Agreement gives you specific legal rights; you may have others which vary from
|
|
state to state and from country to country. JGraph Ltd. reserves all rights not
|
|
specifically granted in this License Agreement.
|
|
|
|
Version 1.10 - 28.05.2012 |