2013-04-04 11:51:15 +00:00
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MXGRAPH GENERAL LICENSE STATEMENT AND LIMITED WARRANTY
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IMPORTANT - READ CAREFULLY
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2012-05-21 20:32:26 +00:00
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2013-04-04 11:51:15 +00:00
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This license statement and limited warranty constitutes a legal agreement
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("License Agreement") between You (either as an individual or a single entity)
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and JGraph Ltd. for the software product ("Software") identified above,
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including any software, media, and accompanying on-line or printed
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documentation. By installing, copying, or otherwise using the
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Software, you are agreeing to be bound by the terms of this Agreement. If you
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do not agree to the terms of this Agreement, you are not authorized to use
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this Software.
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2012-05-21 20:32:26 +00:00
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2013-04-04 11:51:15 +00:00
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Definitions:
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"mxGraph" shall mean a programmer's toolkit for building interactive
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online diagramming applications as originally created by JGraph Ltd
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"Software " shall mean mxGraph, as originally created by
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JGraph Ltd.
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"Licensee" is you, only if you agree to be bound by the terms
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and conditions set forth in this Agreement.
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"Commercial use" means use by any organisation or
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private individual where the use does affords the Licensee any financial
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gain. Use of the Software internally within a for-profit organisation
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constitutes commercial use.
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"Source code" means the Javascript files in the
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Software package
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BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND
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BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
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2012-05-21 20:32:26 +00:00
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2013-04-04 11:51:15 +00:00
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Upon your acceptance of the terms and conditions of the License Agreement,
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JGraph Ltd. grants you the right to use the Software in the manner provided
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below. This license is perpetual, no additional payment is required to
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maintain it, with the exception of you breaking any part of this license, in
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which case you lose all rights under the license.
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2012-05-21 20:32:26 +00:00
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You may transfer the rights granted to you under this agreement in and to the
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Software and documentation on a permanent basis provided you retain no copies,
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the recipient agrees to the terms of the License Agreement and the total number
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of developers licensed to use the software, in the case of a company license,
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does not exceed twice the number of licensed developers at the time of license
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purchase. JGraph Ltd must be informed in writing of the transfer.
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2013-04-04 11:51:15 +00:00
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Except as provided in the License Agreement, you may not transfer,
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rent, lease, lend, copy, modify, translate, sublicense, time-share or
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electronically transmit or receive the Software, media or documentation. When
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transferring licenses, the whole of the licensed product must be transferred,
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a multiple license may not be split as part of a transfer.
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2012-05-21 20:32:26 +00:00
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DEVELOPER LICENSE TERMS
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To develop products using the Software, you require a number of development
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licenses equal to the number of engineers developing the application area
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that specifically uses the Software. This is the maximum number
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of such developers over any 1 month sliding window. A development license is
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not required in order build an application that uses the software.
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You may not develop a number of products using mxGraph that exceeds the number
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of development licenses you own.
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Developing an mxGraph based application completely during the evaluation
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period and claiming to require no development licenses is not permitted.
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A number of development licenses must be acquired equal to the maximum number
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of developers of the mxGraph specific parts of the application at any point
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during evaluation or production.
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A Company Developer License may be installed on any number of computers and be
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used by any number of developers at any time any the condition that those
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developers are employed by the licensee company, any subsidiary company of the
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licensee company. JGraph Ltd. grants to you as an organization of individuals,
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nonexclusive licenses to install and use the Software for the sole purposes of
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designing, developing and testing application programs which you create. You
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may install copies of the Software on any number computers throughout the
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organization for which the license was purchased.
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In addition to the right to install the complete software on the specified
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number of computers, the Source code may also be placed on storage devices
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for the purposes of version control, automated building and archiving.
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The entire downloaded Software package may also be archived within the
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purchasing company organization for backup purposes.
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ADDITIONAL REDISTRIBUTION TERMS FOR SOFTWARE
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JGraph hereby grants to you the worldwide, non exclusive, perpetual right
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under all intellectual property rights in and to the Software to
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incorporate the Software in whole or in part in your offerings and to
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redistribute the Software as incorporated to your customers and distributors
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and resellers.
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You may not distribute any program or file which includes, is created from,
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or otherwise incorporates portions of the Software if such program or file
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is and the primary purpose of which is to be a general purpose diagramming
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tool, diagramming component, or is otherwise generally competitive with or
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a substitute for any JGraph Ltd product. Your mxGraph based application
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must not only be an online diagramming tool, it must be part of a larger
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system of which visualization is one element. For example, creating only
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an online business process modelling web site using mxGraph is not permitted.
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Creating a business process modelling tool for a specific workflow engine
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is permitted.
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Your mxGraph based application must not be competitive with the main JGraph Ltd
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generic online diagramming application, named "draw.io" at the time of writing.
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This clause applies regardless of any subsequent naming changes to the draw.io
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application. Your application may also not be competitive with any of the
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integrated product versions of draw.io.
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You may not expose the mxGraph API for developer use in your product.
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You are strongly advised to seek clarification on what is deemed competitive
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prior to purchase. OEM licensing terms are available for cases that do not
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fall under this license.
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MARKETING
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JGraph Ltd is permitted to reference you as a user of the Software in customer
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lists on the JGraph web-site, in presentations to clients and at trade events.
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LIMITED WARRANTY
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JGraph Ltd. warrants that the Software, as updated and when properly used,
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will perform substantially in accordance with the accompanying documentation,
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and the Software media will be free from defects in materials and workmanship,
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for a period of ninety (90) days from the date of receipt. Any implied
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warranties on the Software are limited to ninety (90) days. Some
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states/jurisdictions do not allow limitations on duration of an implied
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warranty, so the above limitation may not apply to you.
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This Limited Warranty is void if failure of the Software has resulted from
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accident, abuse, or misapplication. Any replacement Software will be warranted
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for the remainder of the original warranty period or thirty (30) days,
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whichever is longer.
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JGraph warrants that as provided the Software does not contain any malicious
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code inserted to affect the functioning of the Software or any computer that
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the Software runs on. Any developer using mxGraph must have a broad
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understanding of security issue relating to web application and must take all
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reasonable steps at a system level to mitigate those risks.
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JGraph warrants that the Software does not infringe any patent, copyright or
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design secret of any third party. JGraph is not aware of any facts upon which
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such a claim for infringement could be based.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JGRAPH LTD. AND ITS
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SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO
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THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
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LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
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VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
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LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
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NO EVENT SHALL JGRAPH LTD. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
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OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF
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OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
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PROVIDE SUPPORT SERVICES, EVEN IF JGRAPH LTD. HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
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ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT
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APPLY TO YOU.
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HIGH RISK ACTIVITIES
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The Software is not fault-tolerant and is not designed, manufactured or
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intended for use or resale as on-line control equipment in hazardous
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environments requiring fail-safe performance, such as in the operation of
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nuclear facilities, aircraft navigation or communication systems, air traffic
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control, direct life support machines, manufacturing process control systems,
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financial trading or weapons systems, in which the failure
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of the Software could lead directly to death, personal injury, or severe
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physical or environmental damage ("High Risk Activities"). JGraph Ltd. and
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its suppliers specifically disclaim any express or implied warranty of fitness
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for High Risk Activities.
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GENERAL PROVISIONS
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This License Agreement may only be modified in writing signed by you and
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JGraph Ltd. If any provision of this License Agreement is found void or
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unenforceable, the remainder will remain valid and enforceable according to its
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terms. If any remedy provided is determined to have failed for its essential
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purpose, all limitations of liability and exclusions of damages set forth in
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the Limited Warranty shall remain in effect.
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GOVERNING LAW AND JURISDICTION
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This Agreement shall be subject to and governed by the Law of England and
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Wales. Any dispute arising out of or in connection with this Agreement shall
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be exclusively dealt with by the courts of England and Wales. This License
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Agreement gives you specific legal rights; you may have others which vary from
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state to state and from country to country. JGraph Ltd. reserves all rights not
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specifically granted in this License Agreement.
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Version 1.10 - 28.05.2012
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