ASP.NET CONTROLS FOR AMCHARTS SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU INDICATE ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. THIS AGREEMENT DOES NOT SUPERCEDE ANY OTHER WRITTEN AGREEMENT BETWEEN YOU AND AMCHARTS.
This agreement (the "Agreement") is made between amCharts, ("amCharts") and you, the customer ("Licensee"). The terms and conditions of this Agreement are intended by the parties as a final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement unless such agreement is signed by both parties. In the absence of such an agreement, this Agreement shall constitute the complete and exclusive statement of the terms and conditions and no extrinsic evidence whatsoever may be introduced in any judicial proceeding which may involve the Agreement. This Agreement may not be modified except by a writing executed by both parties hereto.

SECTION 1. GENERAL PROVISIONS.

The provisions of this Section 1 shall apply to any and all Software, as defined below.

1.1 Software. For the purpose of this Agreement, the licensed computer software program(s) downloaded and/or installed and the supporting documentation for such will be referred to as the "Software."

1.2 Restrictions. amCharts reserves any rights not expressly granted to Licensee and retains title and full ownership rights under the copyright laws of Lithuania or any other country.

1.3 Limitation of Remedies and Damages. IN NO EVENT WILL AMCHARTS, ITS SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF AMCHARTS OR A AMCHARTS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. AMCHARTS'S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO AMCHARTS FOR THE SOFTWARE THAT CAUSED THE DAMAGES. NO ACTION MAY BE BROUGHT AGAINST AMCHARTS LATER THAN ONE YEAR FROM THE TERMINATION OF THIS AGREEMENT.

1.4 Warranties. THE LIMITED WARRANTIES AS DESCRIBED IN SECTION 2.2 OF THIS AGREEMENT ARE THE ONLY WARRANTIES PROVIDED BY AMCHARTS AND ITS LICENSORS, WHO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.

1.5 Term and Termination. This Agreement is effective for the term of the license grant unless sooner terminated, either through mutual agreement by the parties or by Licensee's material breach of the Agreement; provided, however, Licensee shall have ten (10) days from written notice to cure any such breach if curable. Upon any termination Licensee must immediately destroy the Software and all accompanying written materials and all copies.

SECTION 2. ENTERPRISE LICENSE TERMS AND CONDITIONS.
The provisions of this Section 2 shall apply to Software licensed with no time limits.

2.1 LICENSE. Subject to the terms and conditions of this Agreement and upon Licensee's full payment of the applicable fees, the Software shall be licensed, not sold, to Licensee by amCharts. The "License" granted hereunder shall be perpetual, non-exclusive, and non-sublicensable, and is defined as Licensee's right to:

(a) Licensee may Use the Software on unlimited number of servers or Include the Software in unlimited number of Licensee's software. "Use" shall mean that Licensee may install, use, access, run or otherwise interact with the Software in accordance with amCharts's published documentation for such Software and the terms and conditions of this Agreement. "Include" shall mean that Licensee may use the Software to enhance the functionality of software owned by Licensee in accordance with amCharts's published documentation for such Software and the terms and conditions of this Agreement. No other use is permitted.

(b) This license grants the Licensee the right to redistribute unlimited number of copies of ASP.NET controls for amCharts as part of unlimited software packages owned by Licensee for the purpose of enhancing the functionality the software packages.

(c) Licensee may make unlimited copies (in machine-readable form only) of each copy of the Software licensed hereunder solely for backup or disaster recovery purposes. However, Licensee must reproduce each such copy without modification, including all copyright and other proprietary notices that are on the original copy.

(d) 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.

2.2 Limited Warranty. amCharts warrants that it or its licensors retain(s) all intellectual property rights in the Software and any accompanying written materials provided by amCharts, including but not limited to copyright, and that it has the legal right to grant Licensee the License granted under this Agreement. amCharts also warrants for a period of thirty (30) days from the delivery date of the Software that the operation of the Software, as provided by amCharts, will substantially conform to amCharts's published documentation for the Software. In the event Licensee notifies amCharts during the warranty period that the Software does not meet these standards, amCharts shall, at its sole option and expense, either refund the purchase price, or repair or replace the Software as Licensee's sole and exclusive remedy.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY AMCHARTS WITH RESPECT TO THE SOFTWARE LICENSED UNDER THIS SECTION 2, AND AMCHARTS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.