IMPORTANT: READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING, RUNNING, OR OTHERWISE USING THE amCharts SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT INSTALL, RUN, COPY, OR OTHERWISE USE THE amCharts SOFTWARE.
This License Agreement ("License") is a legal agreement between you and Antanas Marcelionis ("amCharts") concerning your use of the amCharts Software, together with any electronic documentation that may be provided therewith (collectively, "the Software") through the Software. YOU HEREBY AGREE, BOTH ON YOUR OWN BEHALF AND AS AN AUTHORIZED REPRESENTATIVE OF ANY ORGANIZATION FOR WHICH YOU ARE USING THE SOFTWARE ("EMPLOYER"), THAT YOU AND THE EMPLOYER WILL USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS:
1. Disclaimer of Warranty. You expressly acknowledge and agree that use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. amCharts does not warrant that the functions contained in the Software will meet your requirements or those of the Employer, or that the operation of the Software will be uninterrupted or error-free. Furthermore, amCharts does not warrant or make any representation regarding the use or the results of the use of the Software (including the related documentation) in terms of their correctness, accuracy, reliability, or otherwise.
amCharts EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE WITH RESPECT TO THE SOFTWARE.
The Software may be provided with third-party plug-ins or other third-party software, or this Software may be provided as a plug-in for or otherwise in association with third-party software. Use of any such third-party software will be governed by the applicable license agreement, if any, with such third party.
amCharts IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD-PARTY SOFTWARE AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD-PARTY SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.
2. Limitation of Liability. In no event will amCharts' total liability for all damages exceed the amount of money paid to amCharts for the software that caused the damages unless caused by the gross negligence or intentional misconduct of amCharts.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL amCharts BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST DATA, LOST REVENUE, OR LOST PROFITS, ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE UNLESS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF amCharts.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
3. License Grant. Subject to the terms and conditions of this Agreement and upon Licensee's full payment of the applicable fees amCharts grants to you, and you accept, a personal, nonexclusive, non-transferable license to use the Software in an unlimited number of in applications or websites that you own or develop. This License is effective until terminated as provided below. You may terminate this License by destroying the Software and any copies of the Software in your possession. This License will terminate automatically upon any violation of its terms by you or the Employer.
4. Support and upgrading. Licensee is entitled to receive Minor Version Upgrades of the Software at no additional fees. "Minor Version Upgrade" shall mean versions "1.xx", where "xx" represents any number or symbol combination. Licensee will receive support at no additional fees during 6 months after the purchase of Software.
5. License Restrictions. You may not do any of the following yourself, or through any third party, and you may not permit any third party with whom you have a business relationship to do any of the following: (A) modify or create derivative works based upon the Software; (B) decompile, disassemble, or reverse engineer the Software in whole or in part; (C) defeat, disable, or circumvent any protection mechanism related to the Software; (D) use the Software or any parts of it to develop a product directly competing with the Software.
6. Title and Ownership. This software is protected by copyright laws and international treaty provisions. Except for the rights expressly granted above, this License transfers to you no right, tide, or interest in the Software, or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right in the Software. amCharts retains sole and exclusive title to all portions of the Software and any copies thereof. You agree not to disclose the Software to anyone.
7. Indemnification. Licensor will indemnify Licensee against liability to third parties resulting from claims that the Licensed Software infringes on or violates any patents, copyrights, trade secrets or any other intellectual property rights of such third parties.
8. Controlling Law and Severability. This License will be governed by the laws of the Republic of Lithuania without regard to their provisions regarding conflicts of laws. This License will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You irrevocably submit to the jurisdiction of the state courts sitting in, and any action or proceeding arising out of this License will be heard and determined in such court. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, such provision will be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remainder of this License will continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by amCharts.