End user agreement for Financial Charting Component
NUMERAL TECHNOLOGY SOFTWARE LICENSE AGREEMENT
This License Agreement is a legal agreement between you ("You"), either a person or a single entity, such as a company or organization, and Numeral Technology LLC ("Numeral Tech"), for the Numeral Tech Software Products which include computer software and the accompanying electronic documentation (the “Software”).
You are deemed to have accepted the terms and conditions of this license by installing, copying, or using the software. DO NOT download and install the product if you do not agree to and accept the terms and conditions of this license.
1. License Grants
1.1 The Software is licensed per individual developer for internal business purposes. Numeral Tech grants to you an individual, non-exclusive, non-transferable, limited license to use the Software. If you are an entity, Numeral Tech grants to you, as a single entity, a single, non-exclusive license to use the Software, provided that for each individual using the Software within your company or organization, you have obtained a separate and valid license for each such individual.
1.2 You may make one copy for back-up and archival purposes only, provided that you reproduce and include the copyright, trade mark, and proprietary notices and markings from the original on all copies. All copies will be subject to the terms and conditions of this Agreement.
1.3 The licensed Software is royalty free for use in compiled application(s) only. You may distribute the compiled application(s) provided that you comply with the distribution requirements outlined in section 2.2 and 2.3. The redistribution restriction does not apply to the demo version of the Software.
2. Redistributable Code License Rights And Distribution Requirements
2.1 License Rights Numeral Tech grants you a limited, nonexclusive, royalty-free license to distribute the “assembly” (the “Redistributable”) in the Software. You can not redistribute any part of the Software except the “assembly” built using the codes installed and accessible within the Software. The assembly can be redistributed only upon your compliance with the distribution requirements described below.
2.2 Distribution Requirements The assemblies can be redistributed, in conjunction with and as a part of a software application product developed by you and that furthermore complies with the non-competition clause described in section 2.3 of this License Agreement. The software application product must display your own valid copyright notice which shall be sufficient to protect Numeral Tech`s copyright in the redistributable. You can not remove or obscure any trademark or copyright that appears on the Software as delivered to you by Numeral Tech. If you choose to redistribute the assemblies, you also agree: (i) to indemnify, hold harmless, and defend Numeral Tech from and against any claims or lawsuits, including attorney's fees, resulting from the use or distribution of the assemblies; (ii) to comply with the terms of this License Agreement; (iii) to permit further distribution of the Redistributable by your end users, only if they comply with all restrictions of this License Agreement that are applicable to you; (iv) and agree that Numeral Tech reserves all rights not expressly granted.
2.3 Non-competition clause The software application product developed using the Software can not compete with the Software. Under no circumstances may the product be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any Numeral Tech Software.
3. License Restrictions
Except as permitted in this Agreement, your use of the Software shall be subject to the following restrictions:
2.1 You shall not distribute or share the Source code, parts of it, design patterns, algorithms and any other information related to it to third parties.
2.2 You shall not disassemble, decompile, reverse engineer, modify, and translate the
2.3 You shall not sell, loan, sublicense, lease, and rent the Software.
2.4 You shall not make the Software available for access or use by any person or entity other
than the individual licensee(s).
2.5 You shall not make the Software accessible via a public network, such as Intranet or the
2.6 You shall not permit the whole or any part of the Software to be combined with or incorporated in any other computer programs that are substantially similar to or compete with the Software.
4. License Ownership
3.1 This Agreement does not grant to you, as customer, any ownership in the Software. The software is for licensing, not for sale. Numeral Tech owns all patent rights, copyrights, trade secret rights, trademark rights, and all other intellectual property rights.
3.2 Any use or disclosure of the Licensed Software, or of its algorithms, protocols other than in strict accordance with this License Agreement, may be actionable, as a violation of our trade secret rights.
5. Fees and Payment
4.1 The fees you pay to Numeral Tech to license the Software shall be $349.99 per single developer license.
4.2 Payment of the license fee will include one-year updates of the Software that Numeral Technology may provide to you or make available to you after the date you got your initial copy of the Software.
4.3 Payment of the license fee will also entitles you to support to the extent set out in the Support section.
4.4 All payments made under this Agreement shall be non-refundable, except as specifically provided otherwise in this Agreement.
6. Limited Warranties
5.1 Numeral Tech warrants that the Licensed Software shall perform the facilities and functions in accordance with the accompanying documentation for a period of 90 days from the date that the Software is downloaded, provided that it is properly used.
5.2 Numeral Tech shall have no liability or obligations under the said warranty other than to indemnify breaches thereof by the provision of materials and services via email or the internet without charge to you. In the event Numeral Tech fails to comply with such obligations, Numeral Tech`s total liability to you for such failure shall be limited to refunding the license fee paid.
5.3 Numeral Tech shall not be responsible for any errors or nonconformities in the Licensed Software resulting from your misuse, negligence, or modification of the Licensed Software.
5.4 Numeral Tech does not warrant that the Software will meet your requirements, or the operation of the Licensed Software will be uninterrupted or error-free, or that defects in the Licensed Software will be corrected or remedied.
5.5 Numeral Tech does not warrant the use or the results of the use of the Licensed Software or accompanying documentation in terms of their correctness, accuracy, quality, reliability, appropriateness for a particular task or application.
5.6 Numeral Tech expressly disclaim any warranties for the Licensed Software, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of Liability
In no event shall Numeral Tech be liable to you or any third party for any incidental or consequential damages or loss (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, loss of data, or loss of business information) arising out of or connected in any way with use of or inability to use the Licensed Software.
This License Agreement will terminate if you fail to comply with any term or condition described in this License Agreement.
Forthwith upon the termination of this License Agreement, you shall destroy all copies of the Software, including accompanying documentations, updates, add-on components of the Software, together with a writing certifying that they have been destroyed.
On or after the termination, each party shall remain liable to the other party for all charges, liabilities, obligations that accrue or arise under this License Agreement from any event, act, or condition transpiring or existing prior to the effective date of such termination.
Numeral Tech will provide you with one-year support regarding use and operation of the Licensed Software through email. Numeral Tech will endeavor to support your queries and problems, but does not guarantee that they will be fixed or solved.
Numeral Tech will provide you with any new versions of the Licensed Software that may be subject to minor improvement and enhancement. Only the current version of the Software will be supported. You must install all new versions of the Licensed Software once they become available on Numeral Tech`s website. The old versions will not be supported once the new ones become available.