Chart FX for .NET Licensing Agreement
License Code Disclaimer
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.
For more information on installation and licensing, please contact Software FX,
Inc.
Chart FX for .NET License Agreement
READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
By installing the Chart FX for .NET software (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. 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.
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.
- (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 "Production Server" components. You may use the "Redistributable
Code" portions on any computer or workstation subject to the 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" are 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.
- (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"
2. 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 (d) 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.
3. REDISTRIBUTABLE CODE. 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 http://www.softwarefx.com.
4. DISTRIBUTION REQUIREMENTS. You have a royalty-free right to distribute and use
the SOFTWARE only if:
- (a) You distribute only the portions of the SOFTWARE designated as "Redistributable
Code".
- (b) You use and distribute the "Redistributable Code " only in conjunction with
the binary files that make use of them as a part of your software product.
- (c) Your product(s) and 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) your software product main and primary functionality must not be creating and/or
displaying charts;
- (h) 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.
- (i) You do not disassemble, decompile or reverse engineer the SOFTWARE or any portions
of it;
- (j) Your software product may not, in the reasonable opinion of Software FX, compete
with a Software FX, Inc. product.
- (k) You do not use the Software FX, Inc. or Chart FX name, logo or trademark to
market your software product;
- (l) 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.
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. UPGRADES. If the SOFTWARE PRODUCT 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 PRODUCT. A SOFTWARE PRODUCT 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 PRODUCT is an upgrade of a component
of a package of software programs that you licensed as a single product, the SOFTWARE
PRODUCT may be used and transferred only as part of that single package and may
not be separated for use in more than one computer.
6. 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, with regard to the SOFTWARE and the accompanying
materials.
NO LIABILITIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. To the maximum extent permitted
by law, in no event shall Software FX, Inc. or its suppliers be liable for any damages
whatsoever (including without limitations, damages for loss of business profits,
business interruption, loss of business information, or any other pecuniary loss)
arising out of the use of or inability to use this Software FX, Inc. product, even
if Software FX, Inc. has been advised of the possibility of such damages. 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.
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.
