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LICENSE
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IGUANACHARTS SOFTWARE SINGLE WEBSITE LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This license agreement (hereinafter, the “License”) is a binding legal
agreement between (a) you (either in your capacity as an individual or as a single entity) and (b) Tradernet Ltd
(hereinafter, “iguanaCharts”) that governs your use of the iguanaCharts JavaScript Charts software, together with any
electronic documentation that may be provided therewith (collectively, “the Software”) through the Software.
Other software provided by third parties and used with the Software may be subject to a separate license agreement.
BY INSTALLING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT ACCEPT
THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO REQUEST A REFUND BY CONTACTING iguanaCharts AT [email protected].
YOU HEREBY AGREE, BOTH ON YOUR OWN BEHALF AND AS AN AUTHORIZED REPRESENTATIVE OF ANY ORGANIZATION FOR WHICH YOU ARE
USING THE SOFTWARE (hereinafter, the “EMPLOYER”), THAT YOU AND THE EMPLOYER WILL USE THE SOFTWARE ONLY IN ACCORDANCE
WITH AND SUBJECT TO THE FOLLOWING TERMS:
0. SUMMARY OF WHAT YOU CAN AND CAN’T DO WITH THE SOFTWARE IN HUMAN LANGUAGE
CAN
Use on 1 (one) public website.
Use on 1 (one) copy of the same website for testing and development.
Use on 1 (one) physical or virtual server.
Use on any number of web pages within the same website.
Use by any number of users.
Use by any number of individual developers.
Use on any number of sub-domains or alias domains used to access the same website.
Disable visual iguanaCharts branding.
Modify the core functionality of the library.
CANNOT
Use in websites that require some sort of user authentication.
Use in re-distributable web, mobile, or desktop applications.
Include in other software development tools.
Transfer the software to anyone or allow others to use it (even to the other group companies).
Distribute the library on its own, not as part of other application.
1. GRANT OF LICENSE
iguanaCharts grants you the following non-exclusive rights provided you agree to and comply with all terms and
conditions of this License and upon your full payment of the applicable fees: a personal, nonexclusive, nontransferable
license to install and use the Software on a Single Website. You can also modify the Software for the sole purpose of
adaptation and customization for your own purposes as long as the modified Software is subject to the terms of
this License. Hereinafter the term “Software” shall also include a modified version of the Software where applicable.
For the purposes of this License the “Single Website” shall mean (a) a website accessible by one domain name and its
sub-domains or (b) an identical website accessible by another domain name, or (c) a translation of the same website into
another language, or (d) a development, testing, staging or quality assurance version of the same website.
2. UPGRADES AND SUPPORT
This License shall entitle you to version updates and upgrades of the Software for the period of three months from the
date of your purchase. For the purpose of this License, an “update” of the Software is defined as that which adds minor
functionality enhancements or any bug fix to the current version (and may be identified by the change of the revision to
the right of the decimal point, i.e. 3.1 to 3.2) and an “upgrade” is a major release of the Software and is defined as
that which incorporates major new features or enhancement that increase the core functionality of the Software (and may
be identified by the change of the revision to the left of the decimal point, i.e. 4.X to 5.X). Whether a version
release is an update or an upgrade is determined by iguanaCharts in its sole discretion.
This License shall entitle you to complimentary technical support of the Software via email for twelve months from the
date of your purchase. This technical support shall not include support related to hardware of any kind, including
without limitation servers that you use to deploy the Software or clients that users use to access your implementation
of the software.
3. ADDITIONAL SOFTWARE
This License applies only to the Software and updates or supplements to the Software provided by iguanaCharts. Depending
on how you choose to deploy the Software, you may need to acquire licenses to other, third-party software. iguanaCharts
shall not be liable or otherwise responsible for your failure to obtain such licenses.
4. TRANSFER
The Software may only be transferred to another party in the event that you are entering into this agreement on behalf
of the Employer, and the Employer is acquired by another company or in the event of merger of two or more companies that
involves the Employer. Any transfer must include all component parts, media, printed materials and this License. You may
not rent, lease or lend the Software or use the Software for “timeshare” use. You may not sublicense, assign or transfer
the license or Software except as expressly provided in this License.
5. PROPRIETARY RIGHTS
All intellectual property rights in the Software are owned by iguanaCharts or its suppliers, as applicable, and are
protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable
laws and international treaty provisions. You shall not remove any product identification, copyright notices or
proprietary restrictions from the Software (except for the branding link on the chart itself which you can remove).
6. LICENSE RESTRICTIONS
You agree that you may not and shall not and that if applicable, the Employer may not and shall not (a) defeat, disable,
or circumvent any protection mechanism related to the Software; (b) use the Software or any parts of it to develop a
product directly competing with the Software; (c) use the Software in a website which requires users’ subscription
(paid or free) to access that part of the website which uses the Software, (d) use the Software in a distributable
product (e.g. an application, script, theme, plugin, add-on, etc.), (e) distribute the modified version of the Software
and/or derivative works based on the Software.
Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you
other than those explicitly granted under this License. Unauthorized copying of the Software or failure to comply with
the restrictions herein will result in automatic termination of this License and will constitute immediate, irreparable
harm to iguanaCharts for which monetary damages would be an inadequate remedy, in which case injunctive relief will be
an appropriate remedy for such breach.
7. TERM
This License is effective unless terminated or rejected. You may terminate this License by destroying the Software and
any copies of the Software in your possession. This License will also terminate upon conditions set forth elsewhere in
this License or if you or an Employer fail to comply with any term or condition of this License.
8. USE OF DATA
The Software will not collect and transmit to iguanaCharts any data or information.
You agree that iguanaCharts and its affiliates or suppliers may collect and use technical information you provide in
relation to support services related to the Software. iguanaCharts and its suppliers agree not to use this information
in a form that personally identifies you except to the extent necessary to provide such services.
9. DISCLAIMER OF WARRANTIES
You acknowledge that the Software is offered on an “AS-IS,” “AS-AVAILABLE” basis and iguanaCharts does not warrant that
the functions contained in the Software will meet your requirements or that the operation of the Software will be
uninterrupted or error free. Computer software is inherently subject to bugs and potential incompatibility with other
computer software and hardware exists and cannot reasonably be eliminated. You should not use the Software for any
applications in which failure could cause any significant damage or injury to persons or tangible or intangible
property.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iguanaCharts AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT “AS IS”
AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY iguanaCharts OR AN iguanaCharts AUTHORIZED REPRESENTATIVE SHALL CREATE
A WARRANTY.
Some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so
the above disclaimer may not apply to you in its entirety. IN NO EVENT DOES iguanaCharts PROVIDE ANY WARRANTY OR
REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE IS DESIGNED TO BE USED, AND
iguanaCharts DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
10. INFRINGEMENT REMEDIES
If the Software, or any component thereof, is found to be infringing or if any use of the Software or any component
thereof is enjoined, threatened to be enjoined or otherwise the subject of an infringement claim, iguanaCharts shall, at
its option and sole cost and expense: either (i) procure for you the right to continue to use the Software, (ii) modify
or replace such Software in a manner that retains its functionality and quality so that it is no longer infringing,
misappropriating or violating such right or (iii) require you to terminate the use of and return the Software and refund
all license fees paid by you with respect thereto.
This Section 10 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against,
the other party for any type of claim described in this Section.
11. LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of iguanaCharts and any of its suppliers under
any provision of this License and your exclusive remedy for all of the foregoing shall be limited to the greater of the
amount actually paid by you for the Software or US$100.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL iguanaCharts OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS LICENSE), EVEN IF
iguanaCharts OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
12. CAPACITY AND AUTHORITY TO CONTRACT
You represent that you are of the legal age of majority in your jurisdiction of residence and, if applicable, you are
duly authorized by the Employer to enter into this contract.
13. APPLICABLE LAW AND SEVERABILITY
If you are a resident of or a company which place of business is in the US or EU, this License shall be governed by the
laws of the jurisdiction of your place of residence. Additionally, if you are a company which place of business is in the US, you agree that this License shall
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.
14. ENTIRE AGREEMENT
This License (including any addendum or amendment to this License or as included with the Software) contains the entire
agreement between you and iguanaCharts relating to the Software, and the License supersedes all prior or contemporaneous
oral or written communications, proposals and representations with respect to the Software or any other subject matter
covered by this License. To the extent the terms of any iguanaCharts policies or programs for support services conflict
with the terms of this License, the terms of this License shall control.
Copyright (c) 2016 iguanaCharts