End user agreement for FusionCharts for Flex
INFOSOFT GLOBAL (P) LTD. SOFTWARE End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND INFOSOFT GLOBAL (P) LTD WITH ITS HEAD OFFICE AT INFOSOFT GLOBAL (P) LTD., 17 BANGUR AVENUE, BLOCK D, GB-1, KOLKATA - 700 055, WB, INDIA.
READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE MENTIONED IN EXHIBIT A REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
The software developer, InfoSoft Global hereby grants to you a non-transferable and non-exclusive license to possess and use the Software in accordance with the terms and conditions of this Agreement. You agree that you are licensing the Software for its end use only and not for resale or redistribution.
(a) "INFOSOFT GLOBAL" means INFOSOFT GLOBAL (P) LTD. and its licensors, if any.
(b) "Software" means only the InfoSoft Global software program(s) as described in Exhibit A.
(c) "Trial Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.
(d) "End application" refers to your application that you have developed in Adobe Flex, using any Flex related SDK or IDEs that results in compilation of your project as SWF bytecode, embedding InfoSoft Global software for yourself or for your clients
(e) "Packaged software product" refers to a single application or suite of applications built by you to be used by many customers, businesses or consumers
2. Trial Version
(a) The trial versions of software may contain evaluation messages at the top of each chart. It may also contain links to InfoSoft Global and FusionCharts website.
(b) You agree to not remove, obscure, or alter the messages from Trial Version of the software.
(c) You may use the unmodified trial version of the software without charge.
(d) You may redistribute the unmodified trial version of the software, provided you do not charge for it.
(e) If you do not want the messages appearing in the charts, or you want to embed the software (or part of it) in a product that is not free, you must purchase a commercial license to use the software. Please refer to web site at www.fusioncharts.com/flex for details.
3. License Grants
(a) Licenses of the software can only be used in your end applications developed in Adobe Flex built using any of Flex related SDKs or IDEs. This license is not valid for any other usage of the software.
(b) In case of Developer license, one software license is required per Developer. Single Developer license authorizes you to deploy the software on multiple development and deployment machines as long as they belong to the named developer. The license can be used for deployment in multiple projects.
(c) Enterprise license allows any number of developers situated in a physical building to use the software on any number of development machines. Enterprise license authorizes your end application to be deployed to any number of client machines, provided that your end application is not licensed as a packaged software product, as implied by 3(d).
(d) In the event the Software is distributed along with a packaged software product as a part of the product, OEM license is applicable.
(a) In case of Developer License, two developers CANNOT share the same license, even when not using concurrently. The software is licensed for each named developer (user).
(b) Apart from OEM license, no other license authorizes you to distribute the SWF files of the product as a part of your packaged software product.
(c) You shall not sell, lease, assign, transfer, sublicense, disseminate, translate, duplicate, reproduce or copy the Software (or permit any of the foregoing) any information pertaining thereto to any other party.
(d) You shall not modify, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the software.
(e) You shall not transfer the Software Product to another user.
Exhibit A: Description of Software Product
FusionCharts for Flex, in source or object form, including all project files, SWF files and pertinent documentation, examples codes and demo applications.
Exhibit B: Upgrades
As a part of this Agreement, InfoSoft Global will provide free upgrades of FusionCharts for Flex v1.x to you, at no additional cost, under the terms and conditions of this Agreement, as soon as they are made available to other customers of InfoSoft Global.
The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. Title to the software shall at all times remain with InfoSoft Global.
You hereby imdemnify and hold harmless InfoSoft Global and its affiliates against any loss, liability, damages, costs or expenses suffered or incurred by the Indemnified Parties at any time as a result of any claim, action or proceeding arising out of or relating to your use, operation or damages, costs or expenses which may be suffered or incurred at any time by you as a result of your reliance upon or use of the Software. InfoSoft Global SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING GENERAL, DIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, RESULTING FROM OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SOFTWARE.