End user agreement for JOpt.NET - Vehicle Routing Software Library
Licence Agreement for Software Products
All licensed deliveries of the DNA products are subject to this agreement and are protected by national and international
agreements for copyrights. None of the deliveries may be copied, transferrred or distributed in electronic or any other
The term software determines all programmes, applets, data bases, operation systems, files or similar electronic data
provided on a data storage or downloaded over the web, by e-mail or any other electronic way.
The software is licensed to the licensee as end-user license but it is not sold. DNA holds all rights on the software if it
was not explicitly transferred to the licensee. The licensee shall not make any copies of the software or of parts of the
software, rent, loan, sell, or in other way distribute unless for one single copy for back-up purposes.
4. Scope of the License
DNA grants the licensee a nonexclusive, nontransferrable right to install and use a copy of the software on a single
computer. The software may not be used on the internet or for multiple users except if explicitly granted by DNA. The
licence is granted for an undetermined period of time. The licensee may terminate this agreement by destroying all
copies of the programs. DNA has the right to terminate the right to use the programs if the licensee fails to comply with
any of the terms of this agreement, in which case the licensee shall destroy all copies of the programs.
The software may only be operated in the way described in the user manual. The licensee may not modify, change,
extend, translate, decompile or reverse-engineer the software or parts of it. It is not allowed to make any copies of the
software unless as granted in this agreement.
The licensee is obliged to prevent the software or any benchmark results from disclosure.
7. Disclaimer of Warranty
The software is provided ‚as is’ without warranty of any kind. We further disclaim all warranties, espress and implied,
including without limitation, any implied warranties of merchantability, fitness for a particular purpose or
noninfringement. In no event shall DNA be liable for any indirect, incidental, special, punitive or consequential
damages, or damages for loss of profits, revenue, data or data use, incurred by you or any party, whether in an action in
contract or tort, even if DNA has been advised of the possibilities of such damages. Our entire liability for damages
hereunder shall in no event exceed one hundred Euros.
8. Property Rights
The software is protected by international copyright agreements. The licensee accepts that no intellectual property rights
are transferred by this software and that all rights remain explicitly at DNA.
9. Governing Law
Th validity, interpretation and performance of this agreement shall be governed by the laws of Germany. Place of
jurisdiction shall be Germany.
10. Severability Clause
The licensee agrees that this agreement is the complete agreement for the programs and licenses, and this agreement
supersedes all prior or contemporaneous agreements or representations. If any provision in this Agreement is held
invalid or unenforceable by a body of competent jurisdiction, such provision will be construed, limited or, if necessary,
severed to the extent necessary to eliminate such invalidity or unenforceability. The parties agree to negotiate in good
faith a valid, enforceable substitute provision that most nearly effects the parties original intent in entering into this
Agreement or to provide an equitable adjustment in the event no such provision can be added. The other provisions of
this Agreement will remain in full force and effect.
License Agreement for the Demonstration Purposes or Demonstration Versions
'We', 'us', and 'our' refers to DNA. 'You' and 'your' refers to the individual or entity that wishes to use the programs from
DNA. 'Programs' refers to the software product, webservice or component you wish to download and use and program
documentation. 'License' refers to your right to use the programs under the terms of this agreement.
DNA may provide special versions of the software products for demonstration purposes. These version are usually
degraded in functionality and are provided only for demonstration of the functionality. We are willing to license the
programs to you only upon the condition that you accept all of the terms contained in this agreement. If you are not
willing to be bound by these terms, return all deliveries back to DNA and/or destroy any copies of the software and
program documentation immediately and do not make any use of the programs. By installing the software you
automatically confirm your acceptance to this licence agreement.
1. License Rights
We grant you a nonexclusive, nontransferable limited license to use the program for your internal business operations,
including the development and testing of applications, subject to the terms of this agreement and the program
documentation. You may also distribute the program with your applications to your customers for demonstration
purposes and subject to the terms of this agreement. We grant you a nonexclusive, nontransferable limited license to use
the components only for the purpose of developing a single prototype of your application for your internal business
operations, and not for any other purpose. If you want to use the application you develop using the components for any
internal data processing or for any commercial or production purposes you must contact us, or an DNA reseller, to
obtain the appropriate license. If you want to use the program or components for any purpose other than as expressly
permitted under this agreement you must contact us, or an DNA reseller, to obtain the appropriate license. We may audit
your use of the programs.
2. Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. You may make a sufficient number of copies of
the programs for the licensed use and one copy of the programs for backup purposes.
You may not:
- use the programs for any purpose other than as provided above;
- distribute the programs unless accompanied with your applications and for demonstration purposes only;
- charge your end users for use of the programs;
- continue to develop your application using the components after you have used it for any internal data
processing, commercial or production purpose without securing an appropriate license from us, or an DNA
- remove or modify any program markings or any notice of our proprietary rights;
- use the programs to provide third party training on the content and/or functionality of the programs, except for
training your licensed users;
- assign this agreement or give the programs, program access or an interest in the programs to any individual or
entity except as provided under this agreement;
- cause or permit reverse engineering disassembly or decompilation of the programs;
- disclose results of any program benchmark tests without our prior consent; or,
- use any DNA name, trademark or logo without our prior consent.
3. Program Distribution
We grant you a nonexclusive, nontransferable right to copy and distribute the programs to your end users provided that it
is for demonstration purposes only and you do not charge your end users for use of the programs and provided your end
users may only use the programs to run your applications for their business operations. Prior to distributing the programs
you shall require your end users to execute an agreement binding them to terms consistent with those contained in this
section and the sections of this agreement entitled 'License Rights','Ownership and Restrictions','Disclaimer of
Warranties and Exclusive Remedies', 'No Technical Support','End of Agreement', 'Relationship Between the Parties'.
You must also include a provision stating that your end users shall have no right to distribute the programs, and a
provision specifying us as a third party beneficiary of the agreement. You are responsible for obtaining these agreements
with your end users.
You agree to: (a) defend and indemnify us against all claims and damages caused by your distribution of the programs
in breach of this agreements and/or failure to include the required contractual provisions in your end user agreement as
stated above; (b) keep executed end user agreements and records of end user information including name, address, date
of distribution and identity of programs distributed; (c) allow us to inspect your end user agreements and records upon
request; and, (d) enforce the terms of your end user agreements so as to effect a timely cure of any end user breach, and
to notify us of any breach of the terms.
4. Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM
ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE,
INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY FOR
DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED (100) EUROS.
5. End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right to
use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy all copies
of the programs.
6. No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the programs
licensed under this agreement unless technical support is acquired under a separate agreement with DNA.
7. Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to
assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as
agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's
right to independently develop or distribute software that is functionally similar to the other party's products, so long as
proprietary information of the other party is not included in such software.
8. Entire Agreement
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement supersedes
all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or
unenforceable, the remaining provisions will remain effective.