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Schuetzenstrasse 3-5
66123 Saarbruecken
Germany

Phone: +49 (0)681 3710612
Fax: +49 (0)681 77012646

contact@algorithmic-solutions.com
http://www.algorithmic-solutions.com

HOME » LEDA End User License Agreements (EULAs)

LEDA Professional & Research Edition End User License And Maintenance Agreement
LEDA Free Edition End User License And Maintenance Agreement

LEDA Professional & Research Edition End User License And Maintenance Agreement

  1. Copyright
  2. Licenses
  2.1 General
  2.1.1 Packages
  2.1.2 Commercial Use
  2.1.3 Research & Educational Use
  2.1.4 Subscription
  2.1.5 Upgrade Eligibility
  2.2 License Types
  2.2.1 Evaluation License
  2.2.2 Professional Site Source Code License
  2.2.3 Professional Object Code License
  2.2.3.1 Site License
  2.2.3.2 Single User License
  2.2.3.3 Team License
  2.2.3.4 Corporate Site License
  2.2.4 Research Site Source Code License
  2.2.5 Research Object Code License
  2.2.5.1 Site License
  2.2.5.2 Team License
  3. Limitation of Warranty and Liability
  4. Maintenance and Support
  5. Distribution
  6. Delivery
  7. Payment Terms
  8. Intellectual Property / No Infringement
  9. Termination
10. Applicable Law and Court of Jurisdiction
11. Construction Clause
12. Entire Agreement

This is a legal agreement ("Agreement") between you („Licensee“ or "you", either an individual or a single entity) and Algorithmic Solutions Software GmbH („AlgoSol“).

Please read the following Agreement carefully.

By clicking on „accept“ or by downloading or installing the LEDA software 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, 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. Licenses

2.1 General

2.1.1 Editions

LEDA is available in different editions: LEDA Professional Edition, LEDA Research Edition, and LEDA Free Edition. This Agreement refers to the LEDA Professional Edition and LEDA Research Edition only.

2.1.2 Commercial Use

Any use of the Software by a commercial institution or any commercial use of the Software requires the possession of a commercial license. A commercial license gives the right to use the Software as commercial institution as well as to commercially use the Software. Commercial institution is defined to be any company or organization with profit seeking, commercial use is defined as any use within a commercial institution, any use with profit seeking 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.

2.1.3 Research & Educational Use

The research license allows usage of the Software for research and educational purposes only (research, teaching, projects, courses and application development). Software developed using a research license may not be distributed to commercial users.

2.1.4 Subscription

The subscription runs for a period of twelve months. It contains the desired LEDA license, all upgrades released during the term, technical support and the right to renew subscription at expiration date for just a renewal fee.

2.1.5 Upgrade Eligibility

As Licensee of the Software you are eligible to receive cost free upgrades in case they belong to the generation of the Software you have licensed. The generation of the Software is recognizable by the leading two numbers of the Software version number string (for example Software version 5.0.1 is of generation 5.0). Free trial licenses are not eligible for free upgrading.

2.2 License Types

2.2.1 Evaluation License

The evaluation version of the Software is licensed for evaluation purposes only.
It is a limited in functionality copy of the Software.
It has a 30 days time limit and is bound to the user's machine.
The evaluation period may be extended for another 30 days on request.
Upon completion of the evaluation period all copies of the Software and all data derived from the Software have to be completely deleted.

2.2.2 Professional Site Source Code License

The professional site source code license gives Licensee the right to use the Software as source code.

The Licensee can install and use the Software on an arbitrary number of machines at his/her authorized site which has to be specified in the license order.

The Licensee may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part to a third party. The Licensee is explicitly prohibited from distributing the Software, in whole or in part to any third party, except as object code linked to programs created using the Software.

The site source code license grants Licensee the right to develop executable programs (i.e. object code and programs) using the Software. It further allows Licensee to use, translate, modify, create derivative works, and distribute such object code and programs.

The Licensee will own all rights to programs created using the Software, and Licensee owes no fee for users of this Software and owes no royalties for selling such programs.

Licensee is not allowed to wrap the data types and algorithms of the Software in a way that allows his/her customers to use the functionality of the Software for software development.

Effective date of a professional site source code license is receipt of the license price.

If Licensee is more than 10 working days in delay with a due payment AlgoSol shall be entitled to require the temporary deletion of the Software and of all programs developed using the Software. AlgoSol shall not be obliged to declare cancellation of the contract prior to that demand.

2.2.3 Professional Object Code License

The object code license gives Licensee the right to use the Software as object code for one specific platform (machine, operating system, compiler + version).

The object code license grants Licensee the right to develop executable programs (i.e. object code and programs) using the Software. It further allows Licensee to use, translate, modify, create derivative works, and distribute such object code and programs.

The Licensee will own all rights to programs created using the Software, and Licensee owes no fee for users of this Software and owes no royalties for selling such programs.

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 object code linked to programs created using the Software.

Licensee is not allowed to wrap the data types and algorithms of the Software in a way that allows his/her customers to use the functionality of the Software for software development.

The professional object code license is available as 2.2.3.1 site or 2.2.3.2 single user, 2.2.3.3 team or 2.2.3.4 corporate site license.

Effective date of the license is receipt of the license price.

If Licensee is more than 10 working days in delay with a due payment AlgoSol shall be entitled to require the temporary deletion of the Software and of all programs developed using the Software. AlgoSol shall not be obliged to declare cancellation of the contract prior to that demand.

2.2.3.1 Site License:

The site license grants Licensee the right to install and use the Software at Licensees authorized site which has to be specified in the license order. The Licensee can install and use the Software on an arbitrary number of machines at his/her authorized site.

2.2.3.2 Single User License:

The single user license is valid for one unique person, the named user, who has to be specified - name, department and email address - in the license order. The single user license is NOT a 'floating' license, that is, Licensee cannot temporarily transfer access rights to another user. The single user license cannot be shared with other users. Licensee may change the named user up to two times in 12 months.

2.2.3.3 Team License:

The team license is valid for one project team at one authorized site which both have to be specified in the license order. It grants Licensee the right to install and use the Software on an arbitrary number of machines within his/her team at the authorized site.

2.2.3.4 Corporate Site License:

The corporate site license grants Licensee the right to install and use the Software at Licensees corporate sites which have to be specified in the license order. The Licensee can install and use the Software on an arbitrary number of machines at his/her authorized sites. A site may be added at a later date by written notification to AlgoSol.

2.2.4 Research Site Source Code License

The research site source code license grants Licensee the right to use the Software as source code for research & educational use as specified in 2.1.3.

The Licensee can install and use the Software on an arbitrary number of machines at his/her authorized site which has to be specified in the license order.

The Licensee may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part to a third party. The Licensee is explicitly prohibited from distributing the Software, in whole or in part to any third party, except as object code linked to educational programs created using the Software.

The research site source code license grants Licensee the right to develop executable programs (i.e. object code and programs) using the Software. It further allows Licensee to use, translate, modify, create derivative works, and to freely distribute such object code and educational programs to academic users.

Licensee is not allowed to wrap the data types and algorithms of the Software in a way that allows a third party to use the functionality of the Software for software development.

Effective date of the license is receipt of the license price.

If Licensee is more than 10 working days in delay with a due payment AlgoSol shall be entitled to require the temporary deletion of the Software and of all programs developed using the Software. AlgoSol shall not be obliged to declare cancellation of the contract prior to that demand.

2.2.5 Research Object Code License

The research object code license grants Licensee the right to use LEDA as object code for research & educational use as specified in 2.1.3.

The Licensee may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part to a third party. The Licensee is explicitly prohibited from distributing the Software, in whole or in part to any third party, except as object code linked to educational programs created using the Software.

The license grants Licensee the right to develop executable programs (i.e. object code and programs) using the Software. It further allows Licensee to use, translate, modify, create derivative works, and to freely distribute such object code and educational programs to academic users.

Licensee is not allowed to wrap the data types and algorithms of the Software in a way that allows a third party to use the functionality of the Software for software development.

The research object code license is available as 2.2.5.1 Site License research site and 2.2.5.2 research team license.

Effective date of the license is receipt of the license price.

If Licensee is more than 10 working days in delay with a due payment AlgoSol shall be entitled to require the temporary deletion of the Software and of all programs developed using the Software. AlgoSol shall not be obliged to declare cancellation of the contract prior to that demand.

2.2.5.1 Site License:

Licensee is a research site. The research site license is valid for all departments belonging to the authorized site which has to be specified in the license order.

2.2.5.2 Team License:

Licensee is a research team, that is a work group or research lab of a research department. The team license is valid for all members belonging to the team which has to be specified - name, department and contact e-mail address - in the license order.


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 or support to the Licensee unless the Licensee owns a LEDA subscription license whereas subscription includes the following services:

- All versions and upgrades of the licensed software released during the term,
- technical support during the term,
- the right to renew subscription at expiration date for just a renewal fee.

The subscription runs for a period of twelve (12) months from effective date, provided that there is no renewal of the subscription agreement. AlgoSol may terminate the subscription agreement 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 maintenance services.


5. Distribution

No distribution is to be made of the Software by the Licensee. The Licensee may make copies of the Software for backup purpose only.


6. Delivery

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.


9. Termination

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.

 

November 29 , 2010

Algorithmic Solutions Software GmbH

Schützenstrasse 3-5
66123 Saarbrücken
Germany

http://www.algorithmic-solutions.com
contact@algorithmic-solutions.com

 

LEDA Free Edition End User License And Maintenance Agreement

This is a legal agreement ("Agreement") between you („Licensee“ or "you", either an individual or a single entity) and Algorithmic Solutions Software GmbH („AlgoSol“).

Please read the following Agreement carefully.

By clicking on „accept“ or by downloading or installing the LEDA Free Edition software 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 Free Edition, 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. License

The Software is available in different editions: LEDA Professional Edition, LEDA Research Edition, and this LEDA Free Edition. This Agreement refers to the LEDA Free Edition only.

This LEDA Free Edition is licensed to you free of charge. It represents a limited version of the full copy of LEDA. It is available as object code for various platforms. The list of supported platforms may change any time at AlgoSol’s sole discretion. For information about currently supported platforms, please see the LEDA pages at http://www.algorithmic-solutions.com/leda/

The Licensee is granted a non-exclusive and non-transferable license to install and use the Software.

The Licensee may not reverse engineer, disassemble, decompile, alter, or translate the Software, or otherwise attempt to derive the source code of the Software.

The 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.

The Licensee may use the Software for software development. The Licensee may distribute programs developed using the Software and may distribute those portions of the Software that are linked into such programs.

The Software may insert markers and/or copyright notices. You shall not remove any such copyright notice and/or marker.

3. Limited Warranty and Liability

THIS LEDA FREE EDITION IS PROVIDED BY ALGOSOL TO YOU ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ALGOSOL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

4. Maintenance and Support

AlgoSol is not obliged to provide maintenance or support to the Licensee unless the Licensee owns a Software support contract with AlgoSol. For more information, please see the LEDA pages at http://www.algorithmic-solutions.com/leda/

5. Distribution

No distribution of the Software is to be made by the Licensee. The Licensee may make copies of the Software for backup purpose only.

6. Delivery

The Software is obtained via Internet download.

7. 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.

8. Termination

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.

9. 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.

10. 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.

11. Entire Agreement

This Agreement constitutes the entire agreement between the Licensee and AlgoSol.
It replaces all other representations.
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.

January 27 , 2009

Algorithmic Solutions Software GmbH

Schützenstrasse 3-5
66123 Saarbrücken
Germany

http://www.algorithmic-solutions.com
contact@algorithmic-solutions.com

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