If you want to use TreeWiz for non-commercial purposes you can download TreeWiz. You can use TreeWiz for free, but you are not allowed to distribute it to commercial users or to sell it. You are also not allowed to distribute it after modifying the code. Furthermore, you are not allowed to eliminate the panel showing the copyright notice from the code. If you want to use TreeWiz for commercial purposes, you have to pay a license fee (please send an email to Ursula.Rost@eml.villa-bosch.de in order to get further information). By downloading or by using TreeWiz you agree to all terms of the the EML License Agreement (see below).
EML IS WILLING TO LICENSE THE TREEWIZ SOFTWARE AND ACCOMPANYING DOCUMENTATION (COLLECTIVELY, SOFTWARE) ONLY UPON
THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT (AGREEMENT). BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, EML IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU ARE NOT ALLOWED TO INSTALL OR USE THE SOFTWARE.
GRANT OF LICENSE
You may use the Software only under one of the following two types of licenses:
(1) a Commercial Use License, or
(2) a Non-Commercial Use License. Each license is described further below.
1. COMMERCIAL USE LICENSE
Subject to the terms and conditions contained herein and provided you have paid
the required license fee(s), EML hereby grants to you, an end user, a non-transferable, non-exclusive, non-sublicensable license to install and use the Software for internal commercial purposes only on the number of computers paid for by you. You are not allowed to modify the code of the Software for any purposes without EML's written consent.
2. NON-COMMERCIAL USE LICENSE
Subject to the terms and conditions contained herein and provided that you are a
student, faculty member or researcher at an university, other accredited non-profit educational or university-affiliated research institution, or charitable organization, EML hereby grants to you, an end user, a personal,non-transferable, non-exclusive, non-sublicensable license to install and use the Software, free of charge, for non-commercial or charitable purposes only. Moreover, you are allowed to read and modify the source code of the Software for you own personal requirements. However, you are not allowed to distribute such modified code without EML's written consent.
EML and/or its licensors reserve all rights not expressly granted to you herein. This license is not a sale of the Software or any copy of the Software. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with EML. The Software is protected, among other ways, by the copyright laws of the Federal Republic of Germany and international copyright treaties. All rights not expressly granted herein are retained by EML and its licensors.
USE RESTRICTIONS
You may not: (i) use the Software, except under the terms listed above; (ii) remove any copyright, proprietary notices or labels from the Software; (iii) Distribute the Software or parts of the Software to commercial users; (iv) If you are a licensee under the Commercial User License, you may make only the number of copies of the Software paid for by you plus a single additional copy for back-up purposes, provided any and all copies must contain all of the original Software's copyright, proprietary notices and marks.
MAINTENANCE, SUPPORT AND UPDATES
EML is under no obligation to maintain or support or update the Software in any way, or to provide updates or error corrections.
WARRANTY
EML EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY
ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE
THAT THE SOFTWARE IS PROVIDED AS IS AND THAT EML DOES NOT
WARRANT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR
FREE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT.
LIMITED LIABILITY
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL EML OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF EML OR ITS LICENSORS HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL EML OR ITS LICENSORS BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. IN ADDITION, IN NO EVENT WILL THE TOTAL LIABILITY OF EML IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE EXCEED THE ACTUAL AMOUNT PAID TO EML FOR THE SOFTWARE GIVING RISE TO THE CLAIM. YOU
ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED OR
LICENSED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. EML EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM LIFE-CRITICAL
APPLICATION MEANS AN APPLICATION IN WHICH THE FUNCTIONING
OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR
INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.
TERMINATION
This Agreement will terminate immediately and automatically without notice if you
breach any provision in this Agreement. The provisions of this Agreement, except for the license grant will survive termination. Upon termination you will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software. At EML's request, you or your authorized signatory, will certify in writing to EML that all complete and partial copies of the Software have been destroyed and that none remain in your possession or under your control.
MISCELLANEOUS
If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in
part, such provision shall be modified to the minimum extent necessary to make it
legal, valid and enforceable, and the legality, validity and enforceability of all other
provisions of this Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be
considered a waiver thereof or of such party's right thereafter to exercise or enforce each and every right and provision of this Agreement. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. You may not assign this Agreement in whole or in part, without EML's prior written consent. Any attempt to assign this Agreement without such consent will be null and void. This Agreement is the complete and exclusive statement between you and EML relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, if any. In the case of any conflict between the terms of this Agreement and the provisions of any purchase order for the Software, the terms of this Agreement shall control.