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READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
Our goal is to help you succeed using Software FX products while at the same time protecting Software FX intellectual property. If you need to use the Software in a manner that is not permitted under this agreement, please contact Software FX to discuss alternative licensing arrangements. If you have any questions or concerns about this license, please contact Software FX at license@softwarefx.com.
By installing the Chart FX Extensions Pack software or any of its components (hereinafter "the Software" or "Software"), you are accepting the following License Agreement.
LICENSE AGREEMENT. This is a legal agreement between you (either an individual or an entity) and Software FX, Inc. Software FX is only willing to provide the software to you on the condition that you accept all of the terms contained in this agreement. By installing the software you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the uninstalled software to the place you purchased it for a full refund. Notwithstanding anything herein to the contrary, Software FX’s authorized resellers are not agents of Software FX, and such resellers may not enter into any contracts on behalf of Software FX. No authorized reseller has the authority to modify the terms of this agreement.
1. GRANT OF LICENSE. Software FX, Inc. grants to you as an individual or entity a non-exclusive license to make and use copies of the Software in the manner provided below. The rights granted under this Agreement are only effective upon payment of license fees and possession of the appropriate License Agreement (if applicable). The software is licensed, not sold, even if for convenience we make reference to words such as “sale” or “purchase”. There are no implied licenses under this agreement.
(a) Installation. The software contains portions known as "Design-time Components" that provide development facilities in Visual Studio .NET and other development environments. Also, "Production Server Components" are provided to enable services on a computer called a server, and finally "Redistributable Code" allows client computers or workstations to access or utilize the services provided by the software. This license agreement grants you one (1) license of the software portions known as "Design-time" and one (1) license of the software portions known as "Production Server" components. You may use the "Redistributable Code" portions on any computer or workstation subject to Distribution Requirements described in Section 4.
(b) Use of Design-time Components. The "Design-time Components" are licensed on a per seat basis. Per-seat licenses are licenses that are counted by all the machines on which any "Designer Component" will reside on. To use a per-seat license, every machine installing, running and/or using the software for development purposes must have a licensed copy and its appropriate license. A development seat license is required for each additional computer on which you will be installing and running any of the "Design-time Components". "Design-time Components" may be accompanied by a server portion labeled and licensed as a "Test/Development Server", you may use the "Test/Development Server" software for the sole purpose of designing, developing and testing your product(s). "Test/Development Server Components" have been designed to operate in conjunction with the "Design-Time Components" and must not be used as a separate component for production purposes.
(c) Use of Production Server Components. The "Production Server Components" are licensed on a per server basis. The "Production Server Components" may only be used on one and the same server. Additional license fees are also due if the "Production Server Components" are used for hosting or service bureau purposes (e.g. an Internet Service Provider (ISP) may not use the "Production Server Components" when hosting pages for its customers using different domain names). A Production Server license is required for each additional computer on which you will be installing and running any of the "Production Server Components"
(d) Use of Windows Forms Components. The “Windows Forms” components are licensed on a per developer/ per seat basis. The “Windows Forms” components may only be used on Windows Forms applications/deliverables that serialize the product’s license internally and automatically access the license from the calling executables/deliverables. Additional license fees are also due if the “Windows Forms” components are used as part or as a component (server or client) of a web server based application even if the product license is serialized and accessed automatically from the calling executable/deliverables.
2. EVALUATION/TRIAL LICENSE. If you have received/download a copy of the Software from Software FX or its authorized reseller, but have not yet purchased a license to use the Software, then Software FX grants you a personal, non-exclusive, non-transferable, limited license to install and execute the Software, in object code format only, for your own internal use solely for the purposes of evaluating the Software for a time period (not to exceed 60 days) designated by Software FX. You will be required to enter an activation code to install and use the Software under this evaluation/trial license. When the Software is used on an evaluation basis, you agreed and understand it may not have the full functionality described in its accompanying documentation and/or may include time bombs and other computer programming routines that are intended to interfere with the normal uninterrupted operation of the Software. The evaluation/trial version of the Software does not intercept or expropriate any system, data or personal information from your system.
3. REDISTRIBUTABLE CODE. The Windows Forms portions of the software are designated as "Redistributable Code". The Software documentation describes the files and Redistributable rights associated with each file of the Redistributable Code, subject to the "Distribution Requirements" described below. You are also encouraged to contact Software FX, Inc. before deployment for more information on your specific redistribution rights. Contact information can be obtained on the company’s web site at www.softwarefx.com.
4. DISTRIBUTION REQUIREMENTS. You have a royalty-free right to distribute and use the Windows Forms components of the software only if:
(a) You distribute only Windows Forms portions of the Software. Additional “per server” license fees are due if the Software is used as part or as a component (server or client) of a web server based application.
(b) You use and distribute the Software only in conjunction with the binary files that make use of them as a part of your product.
(c) Your product(s) and/or application(s) must add significant and primary functionality to the Software;
(d) You do not expose, document or make public the Software API (Application Programming Interface);
(e) Your end users are not allowed to use the Software for development purposes or further redistribution and deployment.
(f) You do not wrap or distribute the Software in a component that can be used for development purposes on any application, tool, environment or container.
(g) You do not reverse engineer copy, duplicate or distribute the license schema that is needed to use the Software in a design, development or runtime environment.
(h) You do not disassemble, decompile or reverse engineer the Software or any portions of it;
(i) Your software product may not, in the reasonable opinion of Software FX, compete with a Software FX, Inc. product.
(j) You do not use the Software FX, Inc. or Chart FX name, logo or trademark to market your software product;
(k) You agree to indemnify, hold harmless, and defend Software FX, Inc. and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product.
(l) You use the Software as a component of composite products or services that are used or consumed for, non-commercial, internal purposes only. In other words, you may not bundle or integrate the Software for creating composite products or services that are sold or distributed to third-parties including but not limited to, End Users, Resellers and through Retail Channels of distribution; without the express written consent of licensor. For more information on OEM agreements please contact Software FX, Inc
If any of the conditions set forth in paragraphs above are breached, such breach shall constitute an unlawful use of the Software, and you shall be prosecuted to the full extent of the law. Furthermore, you shall be liable to Software FX, Inc. for all damages caused by such breach and unlawful use of the software, including attorney's fees and costs incurred in any action, lawsuit or claim brought or filed to redress the breach of this agreement.
5. NO OPEN SOURCE. Your license right to the Software does not include any license, right, power or authority to subject the Software in whole or in part to any of the terms of an Excluded License. An “Excluded License” means any “open source” or other license that require as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge.
6. HIGH RISK ACTIVITIES. The Software is not fault tolerant and is not intended for use in high-risk activities. You may not use the Software in the design, construction, operation or maintenance of any nuclear facility or weapon of mass destruction, or for the purpose of aircraft navigation or control or any other activity in which the failure of the Software could result in loss of human life, personal injury or property damage.
7. SERVICES. There are no services provided under this agreement. You are responsible for installing the Software on your computers as permitted under this agreement. Support, maintenance and other services, if available, must be purchased separately.
8. FEES. Prices are available upon request and are subject to change. Please consult Software FX or its authorized resellers as to current fees before placing an order. All license fees are non-refundable and non-cancelable except as expressly provided in this agreement and do not include shipping, sales or use tax, withholding tax, excise tax, VAT or custom duties, all of which you are responsible for paying above and beyond the license fees due to Software FX or its authorized resellers.
9. ACTIVATION. During installation, an Internet connection is required on the machine where the product is being installed. Only the serial number and a unique product ID provided by the installation program is sent to our servers. Alternatively, if necessary, this information could be submitted from another computer that is connected to the Internet. The information is encrypted using the standard RSA Public/Private key methodology. For security reasons, we do not copy the private key onto the client machine; instead it resides on our servers and thus the need for an Internet connection to obtain a code to complete the install of the software. Our installation does not scan your hard drive or gather any personal information from your computer; therefore, no privacy issues should be of concern to you. Customers are still encouraged to register the product using the traditional and voluntary web site registration form.
The installation process should be simple and unobtrusive for all customers. Our goal is to prevent installation of serial numbers that have been obtained from fraudulent purchases, returned products, expired programs and other suspicious means.
10. COPYRIGHT. The Software is owned by Software FX, Inc. and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or a musical recording) except that you may either (a) make one copy of the Software solely for backup or archival purposes; (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes or (c) you may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on other computers over an internal network; however, you must acquire and dedicate a License for each separate computer on which the Software is installed or run from the storage device. A License for the Software may not be shared or used concurrently on different computers. You may not make multiples copies of Software or the written materials accompanying the Software.
11. UPGRADES. If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Software FX as being eligible for the upgrade in order to use the Software. The Software labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgrading product only in accordance with the terms of this License Agreement. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single package and may not be separated for use in more than one computer.
12. LIMITED WARRANTY. Software FX, Inc. warrants that (a) the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days. and (b) any hardware accompanying the Software will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the Software and hardware are limited to ninety (90) days and one (1) year respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
NO OTHER WARRANTIES. There are no other warranties to the maximum extent permitted by applicable law. Software FX, Inc. and its suppliers disclaim all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, quality, title, results, efforts or quiet enjoyment with regard to the Software and the accompanying materials. There is no warranty that the Software is error-free or will function without interruption. You assume the entire risk arising out of the performance or use of the software. To the extent that Software FX may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted by law.
13. LIMITATION OF LIABILITY.
IN NO EVENT WILL SOFTWARE FX OR ITS AFFILIATES OR OTHER AUTHORIZED RESELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, OR FOR ANY LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF SOFTWARE FX OR ITS AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF LICENSE FEES THAT YOU PAID TO USE THE SOFTWARE FOR THE PARTICULAR LICENSE UNDER WHICH LIABILITY HAS ARISEN (NOT INCLUDING FEES FOR SERVICES OR PRODUCTS OTHER THAN THE SOFTWARE). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT THE LICENSE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SOFTWARE FX WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO LICENSOR OR OTHER SUPPLIER OF SOFTWARE FX WILL HAVE ANY LIABILITY TO YOU, WHETHER IN CONTRACT, IN TORT OR OTHERWISE UNDER THIS AGREEMENT OR IN RELATION TO THE SOFTWARE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION WILL APPLY EVEN IF AN EXCLUSIVE REMEDY UNDER THIS AGREEMENT HAS FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. TERMINATION. This agreement will remain in effect perpetually or until terminated as provided below. You may also terminate this agreement at any time and for any reason, by giving written notice to Software FX. Software FX may terminate this agreement, effective immediately upon written notice to you if you (a) fail to pay any portion of the license fees when due and fail to cure such non-payment within thirty (30) days after receipt of notice of same, or (b) if you otherwise breach any provision of this agreement. Upon termination of this agreement, you must erase or otherwise destroy all copies of the Software, and you rights hereunder will immediately end.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Software FX, Inc.
This Agreement is governed by the laws of the State of Florida, the U.S. Copyright Act and other applicable U.S. federal laws. All disputes or legal proceedings relating to use of the Software or this Agreement shall be brought and heard exclusively in the state or federal courts located in Palm Beach County, Florida, and by installing and/or using the Software, you hereby irrevocably consent and submit to personal jurisdiction in such courts for all such disputes or legal proceedings. This agreement is in the English language, and its English language version will be controlling over any other translation except as otherwise required by applicable law.
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