a) The software and documentation accompanying this license agreement are licensed, not sold, to you by byteAgenten for use only under the terms of this license, and byteAgenten reserves any rights not expressly granted to you. You own the media on which the software is recorded or fixed, but byteAgenten and its licensors retain ownership of the software itself. This license allows you as a licensing party to use the software under the terms and conditions of this agreement. "Use" or "using" means to download, copy, install, access or otherwise benefit from using the functionality of the software in accordance with the documentation.
b) If you acquired a software license through one of the authorized resellers and as long as you agree to and comply to the terms and conditions of this agreement, byteAgenten grants you a license of the software as described in the quote and contract according to the following conditions.
2.1 General license agreement and use of the software
The licensing party may install and use the „Archer Editor“, „Archer Editor Pro“ and „Archer Runtime“ in accordance to the acquired license. The „Archer Editor“ is free for personal and business use. The „Archer Runtime“ is free for personal, non-commercial use and testing environments. The „Archer Editor Pro“ and „Archer Runtime“ require the purchase of a license when run on production environments for business use and any other commercially or profit oriented undertaking. The „Archer Editor Pro“ and „Archer Runtime“ Licenses may also be sold bundled, herewith the license terms of the bundle license apply. The licenses may not be shared or used concurrently on different computers. All other usage in a network is prohibited, including the direct usage by commands, data or executable code (i) from another computer that is not part of the internal company network, (ii) for internet services or web hosting services, (iii) from users that are not allowed to use the software based on the licensing concept with valid license, (iv) as component of a system or service that is accessible for more than in the license agreed usage.
2.2 Licensing „Archer Runtime“
2.2.1 Licensing the „Free“ Archer Runtime
The Archer Runtime may be used on servers and devices that are for private and personal use, including personal non-commercial public display. In business use and for commercial activities, this includes non-profit organisations, clubs and other associations, the Archer Runtime may be used on testing environments and for evaluation purposes only. The Archer Runtime may also be used free by students or in schools or universities for educational purposes. For business trainings and scientific use within funded research projects the Archer Runtime must be licensed as one of the following licenses.
2.2.2 The Archer Runtime „Enterprise“ license
If you license the „Archer Runtime“ as „Enterprise“, the license is in general based on server cores where the Archer Runtime is installed or running on a server on the internet or intranet. The applications on that server may be public or with personalized user-accounts and log-ins. The license is independent from the number of user accounts that have access to the application. The following applies for each server deployment you properly license.
a) You must obtain a separate license for each physical server or each virtual machine that runs as server. Physical server hardware partitions, or blades are considered to be a separate server.
b) You license either by physical processor cores on a physical server or by virtual cores that are available inside a virtual machine.
c) The number of cores of the „Enterprise" license that is acquired for each physical server or virtual machine must be equal to or greater than the number of physical cores or virtual cores.
d) You may use any number of running instances of the „Archer Runtime“ on a server to which you have deployed a license.
2.2.3 Licensing the Archer Runtime „Basic“ license
If you license the „Archer Runtime“ as “Basic”, the license is bound to the major release version at time of licensing and valid for usage on a public web server or single device. It is licensed for each public domain (eg. „www.mydomain.com“) or single device. The application, service or machine on which the Archer Runtime is installed must be publicly available or non-user specific, i.e. no user accounts or log-ins. The following applies for each domain and computing device/instrument where the „Archer Runtime“ is installed, e.g. an internet website, a smartphone, tablet, machine control panel or any other similar device.
a) You must obtain a license for each domain or device.
b) The number of licenses is determined at the time of purchase.
c) Additional licenses are required once the number of devices is greater than the number of acquired licenses.
2.2.4 Licensing the „Archer Runtime“ as „Product“ license
If you want to use the „Archer Runtime“ as part of any other software application or system for redistribution you must obtain byteAgenten’s prior written consent and must have received a „Product“ license before distribution of your application. If you license the „Archer Runtime“ as „Product“, the following applies.
a) You may incorporate copies of the „Archer Runtime“ into a target application and distribute the application as stated in the „Product“ license.
b) Unless your „Product" license states that you may use an unlimited number of „Archer Runtime“ Licenses, you agree to keep records of the numbers of the target applications you distribute. byteAgenten shall have the right, upon reasonable notice, to examine your records regarding such practices.
c) You must distribute your target application to end users with a license that acknowledges byteAgenten’s copyright, prevents further copying of the software (except for backup purposes), and expressly disclaims all warranties by byteAgenten.
d) byteAgenten offers no warranty to your end users. The software, when incorporated into a target application, is provided "as is" and without warranty of any kind. byteAgenten disclaims all warranties, either expressed or implied, including the warranties of merchantability, fitness for a particular purpose and noninfringement of third-party rights.
e) Any valid end-user licenses to target applications incorporating software granted by you under this agreement shall survive the termination of this agreement.
The licensing party may make backup copies of the software, provided the backup copy is not installed or used on any computer. The licensing party may not transfer the rights to a backup copy unless the licensing party transfers all rights in the software.
2.4 Software generated code
If not agreed otherwise, the licensing party may use generated code solely for applications that are connected with the software.