1 This source code license (hereinafter also the “License”) is valid for the Software product FlexGanttFX produced by Dirk Lemmermann Software & Consulting (hereinafter the “Licensor”). FlexGanttFX (hereinafter the “Software”) is a framework for the creation of Gantt charts based on the programming language Java.
2 This License regulates the conditions applicable for use of the Software source code by a legitimate purchaser (hereinafter the “Licensee“) for the creation of Gantt charts. Any use of the Software that differs from or exceeds the limits of this License is prohibited.
3 This Source Code License is valid only in conjunction with a Development License for the Software issued by the Licensor to the Licensee.
4 Any general terms or purchase conditions of the Licensee that may possibly exist are hereby refuted. They shall not become part of the agreement.
2. License and items to be supplied
1 The subject matter of the License is the copy of the Software source code which was either supplied electronically to the Licensee by the Licensor or was produced by the Licensee by downloading it from the Licensor’s website and storing it on the Licensee’s computer.
2 If nothing else has been expressly agreed, delivery of the source code shall occur in the version that is current at the moment of supply or downloading.
3. Rights of use
1 Supplementing the rights of use granted to the Licensee under the Development License, the Licensor grants the Licensee by means of this Source Code License the non-exclusive and, subject to the proviso set out in section 12 below, enduring right to use the Software source code for the creation of Gantt charts. This right to use the source code is in principle of indefinite duration, but shall lapse automatically if the Licensee does not possess a valid Development License for the Software.
2 The Licensee may make the source code accessible only to those of its staff who require such access for the fulfillment of their tasks in connection with the contractually-compliant use of the Software by the Licensee.
3 The Licensee may modify the source code.
4 The Licensee is not permitted to pass on the source code or parts thereof to third parties or to make the same accessible to third parties, either wholly or partially, in any form whatsoever, in particular through networks. This also applies to the source code in the form modified by the Licensee.
4. Copyright and other rights in the Software
1 The copyright and all other intellectual property rights and rights against unfair exploitation in the Software source code, in particular the exclusive right to permanent or temporary, full or part duplication by any means and in any form, the exclusive right to modify the Software source code and to create works derived therefrom and the exclusive right to distribution, including the right to provide access through networks such as the Internet, the right to hire out and the right to loan, are held exclusively by the Licensor and shall remain the property thereof.
2 The Licensee has only the non-exclusive rights of use for the Software source code stated in this Source Code License. Copyright notices, trade marks, company and other business designations of the Licensor or third parties which appear in the programs or the documentation or in other accompanying material or in the Source Code License.