Legal (20/08/2015) - JavaScript charts library

Legal

ZoomCharts EULA as of August 20th, 2015

END-USER LICENSE AGREEMENT AND TERMS OF SERVICES TO BE PROVIDED

End User License Agreement (EULA) Version 2.0 applicable from August 20th, 2015.
The following end-user license agreement and terms of services to be provided (“EULA”) constitute an agreement between You and SIA “Data Visualization Software Lab” (“DVSL”) and governs Your use of the Software and the Services (as specified below).
THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY DOWNLOADING AND/OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE EULA AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE EULA, DO NOT INSTALL AND/OR USE THE SOFTWARE.
SOFTWARE
“Software” means all software programs distributed, published or otherwise made available by DVSL within its website or elsewhere (in the form of, including but not limited to, CSS/PNG/JPG/JavaScript files) and all of the contents thereof, including any related DVSL or third party software and upgrades, modified versions, updates, additions and copies of the Software, if any. It includes also the user and technical instructions and manuals, which are generally provided by DVSL in relation to the usage of Software.
SERVICES
“Services” means all maintenance and support services made available by DVSL and ordered by You by selecting either the Standard Support Services or the Premium Support Services.
PROJECT
“A Project is a website with a single domain name, a web application, an intranet or a mobile application. You may install, use and further develop the Software only within the boundaries of Your Project or the Project of one of Your clients.
PRODUCTION ENVIRONMENT
“Production Environment” means the equipment, software and processes used to deploy the Project for purposes other than developing the Software, quality assurance testing or user acceptance testing environments.

GENERAL CONDITIONS OF EULA

1. LICENCE
1.1. The Software is made available either under a free development licence, a perpetual project licence, a subscription licence or a free project licence, each with its own Special Conditions set out following the General Conditions.
1.2. PERMITTED USE. Unless otherwise explicitly set forth within this EULA, DVSL hereby grants You the non-exclusive, non-transferable, non-sub-licensable, limited rights to install and use the Software solely for purposes and benefit of the Project as it set forth more in detail within the Special Conditions.
The rights and permissions granted according to this LICENCE are provided exclusively for their exploitation within the Project. This LICENCE either in whole or in part, may not be assigned or transferred to any other Project and/or used for the benefit of and/or in relation to any other Project. This LICENCE either in whole or in part may be assigned or transferred to another legal or natural person provided such person is a new owner/holder of the particular Project and undertakes all and every rights and obligations of the particular Project and/or this EULA.
1.3. BACKUP/ARCHIVAL COPIES. You may make the unlimited number of backup/archival copies of the Software, provided Your backup/archival copies are not installed or used on any computer/workstation.
1.4. COPYRIGHT. The Software and all related rights, including the proprietary rights therein, are owned by DVSL, its licensors or affiliates and are protected according to the provisions of international treaties and all applicable national laws. This EULA does not convey to You nor allow You to acquire any title or ownership interest in the Software or rights therein.
1.5. REVERSE ENGINEERING. Except and to the limited extent as may be otherwise specifically provided by the applicable law, You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, user interface techniques or algorithms of the Software by any means whatsoever.
1.6. LICENSE TERM. Unless otherwise explicitly set forth within the Special Conditions, the term of Your license under this EULA shall commence on the date that You accept this EULA by installing, copying or otherwise using the Software and ends on the earlier date of either Your disposal of the Software. This EULA and Your license terminates immediately if You attempt to circumvent any technical protection measures used in connection with the Software or You otherwise use the Software and/or Services in breach of the terms of this EULA.
1.7. ONLINE LICENCE VALIDATION. DVSL reserves the right to perform online licence validation upon the usage of the Software for specific types of EULA licences as set forth explicitly within the relevant Special Conditions of the EULA.
1.8. RESTRICTIONS. Unless otherwise explicitly set forth within this EULA, You may not:
1.8.1. loan, rent, lease, sublicense, distribute or otherwise transfer all or any part of the Software to third parties except to the limited extent in the case You and DVSL have have to conclude a specific OEM Licence and/or a specific re-distribution agreement whereby You have been granted the rights to include the Software within the Project and You have been explicitly granted the rights to use and distribute the Software as OEM (Original Equipment Manufacturer) and/or other specific redistributing the Software to third parties;
1.8.2. remove or destroy any proprietary markings or legends or any encrypted license keys or similar security devices placed upon or contained within the Software.
2. SERVICES
2.1. DVSL offers optional support and maintenance services as Services Packages for the Software, which You may elect to purchase in addition to Your LICENCE. Your rights with respect to support and maintenance services are conditional on Your decision to purchase the Service Package and the level of the selected Service Package that You have purchased:
2.1.1. NO SERVICES. If You have not purchased the Service Package, You will receive the Software “AS IT IS” and for a period of 12 (twelve) months You will receive updates and upgrades made generally available by DVSL to its clients free of charge.
After the initial period of 12 (twelve) months You will be entitled to prolong the receipt of such Software updates and upgrades for a remuneration for an additional 12 (twelve) month period by informing DVSL no later than 30 (thirty) days after the end of the term. If You will choose to prolong the term for receiving Software updates and upgrades You will be offered the opportunity to receive such Software updates and upgrades by providing the remuneration corresponding to 30% (thirty percent) of the License Fee.
If You will not choose to prolong the term for receiving of Software updates and upgrades, You will lose forever the rights to renew Your rights to receive them. Afterwards to continue receiving such Software updates and upgrades, You will need to acquire / purchase again a new license for the Software.
2.1.2. STANDARD SERVICES. If You have purchased the Standard Services Package, then You will receive the updates and upgrades made generally available by DVSL to its clients as it is set forth within Section 2.1.1. above and the following technical support services:
2.1.2.1. Technical support via e-mail during working hours of DVSL by ensuring the commencement of response action within 24 (twenty four) hours after the receipt of such e-mail by DVSL;
2.1.2.2. Correction of notified errors and defects of Software, as well as providing technical support and consultations on the operations of Software by using the means of remote access within the working hours of DVSL by ensuring the commencement of response action within 24 (twenty four) hours after the receipt of such notification by DVSL (“Technical Support Services”), if You make an express request for such an expedited service. If You have not placed such express request, then DVSL has to ensure the commencement of response action within 3 (three) business days after the receipt of such notification by DVSL;
2.1.2.3. For the provided Technical Support Services You are obliged to remunerate DVSL based on the actually consumed time, where the hourly rate is applied. DVSL prepares and deliver to You invoices for such technical support services once within the month and You are obliged to pay such invoices within 15 (fifteen) days after receipt.
2.1.3. PREMIUM SERVICES. If You have purchased the Premium Services Package, then in addition to all services included in the Standard Services Package, for a period of 12 (twelve) months You will be entitled to contact DVSL by means of Skype in the working hours of DVSL free of charge for 10 (ten) hours of the actually consumed time.
2.2. Upon its own discretion DVSL may offer to conclude with You a Service Level Agreement. In a case the Service Level Agreement is concluded by You and DVSL, the terms and conditions of such agreement shall supplement and/or amend this EULA. Whenever there is a conflict, the provisions of the Service Level Agreement shall prevail over those in this EULA.
2.3. DVSL has to ensure the Services only in cases You fully comply with the terms and conditions of this EULA and have fully made payment of all fees and remunerations.
3. FEES AND PAYMENTS
3.1. For the Licence granted to You according to this EULA You are obliged to pay the License fee in the amount and according the pricing terms and conditions published on www.zoomcharts.com.
3.2. For the Services to be provided to You according to this EULA You are obliged to pay the Service fee as the annual payment or as the monthly payment based on the selected Services Package for the Software in the amount and according the terms and conditions set forth with the Special Conditions of this EULA. The Service fee for particular Service Package is established regardless of the number or substance of Software updates and upgrades made available during the particular time period.
3.3. The specific amounts of Licence fee and Service fee for the Software, as well as the hourly rate applied to the provided Technical Support Services are available in the home site of DVSL. DVSL retains its rights to unilaterally amend the amount of all fees and rates by placing the respective notification within the web site of DVSL at least 30 (thirty) days before such amendments become effective.
3.4. In case You have not made any payment for the Service fee and/or any payment of invoices for the provided Technical Support Services, it is considered that You have resigned from such further services and DVSL is not obliged to ensure such Services to you.
3.5. In addition to the payments of fees set forth within this EULA, You are obliged to pay also the applicable taxes or duties, including the value added tax.
4. DELIVERY OF SOFTWARE
4.1. When ordering and purchasing the Software within the homepage of DVSL operating at www.zoomcharts.com, You will create Your own account operating by means of e-mail address indicated by You and protected by the password selected by You. Such account will ensure Your access to the information regarding the Software licences acquired by You and other notices and communication sent to You by DSVL in relation to this EULA.
4.2. After the receipt of Licence Fee, DVSL will send to You an informative e-mail confirming the transaction. Immediately after receiving payment of Licence Fee by DVSL, Your licence will be added to the Section “My Licences” within Your Account in the homepage of DVSL operating at www.zoomcharts.com.
4.3. DVSL agrees to provide the Software within Your Account and You are entitled to download and install the Software in accordance with the documentation and materials furnished by DVSL.
5. OWNERSHIP AND THIRD PARTY SOFTWARE
5.1. You acknowledge and agree that this EULA does not grants You any title or rights of ownership in the Software or any right to use, copy, transfer or disclose all or any portion of Software, except as expressly provided in this EULA.
5.2. All rights, titles, and interest in the Software and in any ideas and know-how which are developed by DVSL in the course of providing any technical services, including any enhancements or modifications made to the Software, shall at all times remain the property of DVSL.
5.3. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of DVSL. You agree to fully comply with Your obligations set forth in Sections 1.5., 1.6. and 10. of this EULA.
6. COLLECTION AND USE OF INFORMATION AND DATA
6.1. By installing and using the Software and/or accessing and using the Services, You consent that DVSL may collect and use such information and data for the execution of this EULA.
6.2. DVSL respects Your privacy rights and recognizes the importance of protecting any information collected about You. By installing and using of the Software and/or accessing and using the Services, You consent with the terms and conditions of DVSL Privacy Policy and to any terms and conditions included therein by reference.
7. REPRESENTATIONS AND WARRANTIES
7.1. You acknowledge that the Software is provided "as it is" and neither DVSL nor any of its licensors make any representations or warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose or that the Software will not infringe any third party rights.
7.2. DVSL or its licensors provide no warranty that the functions contained in the Software will meet Your requirements or that the operation of the Software will be uninterrupted or error-free. DVSL and its licensors hereby disclaim any and all liability on account thereof. You assume all responsibility to achieve Your intended results and for the installation, use, and results obtained from it.
8. LIABILITY
8.1. DVSL shall be liable only for the direct damages caused to You in the result of activities for which DVSL is to be guilty in the amount not exceeding the licence fee of Software applied by DVSL when licencing this Software according to the EULA. In no case DVSL shall be obliged to remunerate any indirect damages to You.
8.2. DVSL shall not be obliged to undertake the liability for claims raised by any third persons because You have used the Software contrary to the terms of this EULA and/or You have otherwise violated the terms of this EULA.
8.3. Your shall indemnify, defend and hold DVSL harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) Your acts and omissions to act in using the Software and/or the Services pursuant to the terms of the EULA or (ii) Your breach of this EULA.
8.4. You shall be liable for the compliance with the terms and conditions of the Third party Software as it is set forth in Section 5 of this EULA and shall release DVSL from and undertake the liability for claims raised by any third persons because You have used the Software contrary to the terms of this EULA and/or You have otherwise violated the terms of this EULA.
9. TERM AND TERMINATION.
9.1. The LICENCE to use the Software and this EULA terminates immediately after the expiration of LICENCE term as set forth within Section 1.7.
9.2. You may terminate the LICENCE to use the Software and this EULA at any time by destroying the Software and documentation together with all copies in any form.
9.3. DVSL shall have the right to unilateral termination of the LICENCE to use the Software and this EULA with immediate effect by giving You a written notice, in case You have delayed any payment hereunder for more than 30 (thirty) days and failed to remedy such delay immediately after receipt of a respective reminder from DVSL.
10. APPLICABLE LAW AND FORUM. The laws of Latvia shall govern this EULA. The courts in Latvia shall settle any disputes arising out of or relating to this EULA.
11. MISCELLANEOUS.
11.1. This EULA represents the entire agreement between You and DVSL relating to the Software and supersedes all prior oral or written communications, proposals, and representations with respect to its subject matter.
11.2. You shall not have the right to assign or otherwise transfer Your rights or obligations under this LICENCE except with the written consent of DVSL.
11.3. If any provision of this EULA is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of this EULA. This EULA shall be enforced to the full extent allowable under applicable law.
11.4. No modification to this EULA is binding, unless made in writing and agreed by a duly authorized representative of each party. This EULA shall be binding on and shall inure to the benefit of the heirs, successors, and assigns of the parties hereto. The failure of either party to enforce any right resulting from the breach of any provision of this EULA by the other party will not be deemed a waiver of any right related to a subsequent breach of such provision or any other right hereunder.

SPECIAL CONDITIONS OF EULA: FREE DEVELOPMENT LICENCE

SPECIAL CONDITIONS OF EULA: PERPETUAL PROJECT LICENCE

SPECIAL CONDITIONS OF EULA: SUBSCRIPTION PROJECT LICENCE

The following Special Conditions of EULA shall supplement or amend the General Conditions of EULA. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions (GC) of EULA. The corresponding GC clause number is indicated in parentheses.
15. [1.1. GC] Considering that the Software/the Project is placed into the Production Environment, DVSL grants You the rights to install and use the Software for Your personal exploitation only and exclusively within the Project specified within the documents related to the acquisition of this licence according to the purposes foreseen for operations of the Software as long as this EULA and the Licence thereto is active/valid. The usage of Software within the specified Project is recognised as Your personal exploitation of the Software.
To the limited extent only in the case (i) You are ensuring the SAAS (Software as a service) solution or the software rental service to third parties; and/or (ii) the access to the Software and its use by third parties is provided by You in the form of a service; and/or (iii) the Software is the integral part of the set of integrated software components contained within Your Project, You may use the Software within the SAAS (Software as a service) solution when implementing Your own commercial plans.
You are entitled to reproduce, translate, adapt or otherwise amend the Software and the results of its operation only and exclusively where it is necessary for ensuring of Software’s operations, including for ensuring the interoperability of Software with other software or systems, as well as in cases explicitly provided by the applicable laws. You are not entitled to anyhow modify or supplement the Software or its functionality and to make any changes to the source code of Software.
16. [1.6. GC] DVSL may perform online Licence validation to ensure that the licence is used in line with conditions set forth by EULA.
17. [1.7. GC] The EULA becomes effective and biding upon when Your subscription is started. The subscription period starts immediately upon purchase of such Licence when DVSL has received the first payment of Licence fee and terminates the end of last calendar month for which DVSL has received the monthly payment of Licence fee. This EULA is valid and binding upon You and DSVL as long as all and every payment of monthly Licence fee is duly settled by You and received by DVSL.
This EULA and Your licence terminates immediately if any monthly payment of Licence fee is overdue by more than 30 (thirty) calendar days.
18. [1.9. GC] In addition to the restriction set forth within the General Conditions of EULA, the EULA and the Licence granted to You are tailored to the specific Project and neither this EULA and/or the Licence granted to You either in whole or in a part can be transferred to another Project and/or assigned or sold separately from the Project for which the EULA and the Licence were obtained.
19. [2.1.1. GC] DVSL ensures the upgrades and updates made generally available by DVSL to its clients and the Standard Services as long as Your subscription is kept active.
20. [2.1.3. GC] DVSL ensures You with the Premium Services only as the separate services which are billed upfront and such services provide to You the priority access to the support services.
21. [2.2. GC] DVSL may offer You to conclude the Service Level Agreement according to the terms and conditions used by DSVL at that time. The provision of such services by DVSL may be subject to additional services fees or other conditions.
22. [3.1. GC] Upon purchase of the licence, You will be charged the amount proportional to days remaining in the current month. Subsequently, You will be charged on the 1st day of the each month.
If the respective monthly payment of Licence fee is unsuccessful, DVSL will retry taking this payment for next 15 (fifteen) days. In case during these days the payment method does not become valid, DVSL will stop attempting to charge the respective Licence fee. Afterward You will have additional 15 (fifteen) days to setup a new payment method to ensure that DVSL receives the payment of Licence fee. Failure to update Your payment method will result in the termination of the EULA as set forth in Clause 2 of the Special Conditions.
23. [1.8. GC] DVSL will perform the online licence validation check upon Your usage of the Software to ensure that You have a valid and active subscription.

SPECIAL CONDITIONS OF EULA: FREE PROJECT LICENCE

The following Special Conditions of EULA shall supplement or amend the General Conditions of EULA. Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions (GC) of EULA. The corresponding GC clause number is indicated in parentheses.
1. [1.1. GC] DVSL grants You the royalty-free rights to install and use the Software solely for purposes and benefit of the Project to maintain and operate only and exclusively the Website as it is indicated within Your Licence request. The rights and permissions granted according to this LICENCE is deemed personal and provided exclusively to You. Therefore, this LICENCE either in whole or in part, may not be assigned or transferred to any other person and/or used for the benefit of any other person.
For the avoidance of any doubt, unless such activities are directly and closely related to the maintaining and operating of Website:
1.1.1. all output generated by/from the Software shall not be used for any commercial or research purposes, publications, or presentations without the express written consent of DVSL; and
1.1.2. all Software and files provided by DVSL shall remain the property of DVSL.
2. [1.6. GC] DVSL may perform online Licence validation to ensure that the licence is used in line with conditions set forth by EULA.
2. [1.7. GC] The EULA becomes effective and biding when the Licence is issued, that is, when this EULA becomes valid and binding upon You and DVSL.
3. [1.9. GC] In addition to the restriction set forth within the General Conditions of EULA:
3.1. the EULA and the Licence granted to You are tailored to the specific Project and neither this EULA and/or the Licence granted to You either in whole or in a part can be transferred to another Project and/or assigned or sold separately from the Project for which the EULA and the Licence were obtained; and
3.2. You may not:
3.2.1. loan, rent, lease, sublicense, distribute or otherwise transfer all or any part of the Software to third parties; and
3.2.2. exploit all or any part of the Software for any commercial purpose or to produce product or item having commercial value; and
3.2.3. make all or any part of Software available to any third person as part of a data services operation, application services provider or otherwise; and
3.2.4. modify, reverse compile, disassemble, or otherwise reverse engineer the Software or allow anyone else to do so (except only to the extent such prohibition is contrary to applicable law); and
3.2.5. access or use portions of the Software for which You have not acquired a license; and
3.2.6. remove or destroy any proprietary markings or legends or any encrypted license keys or similar security devices placed upon or contained within the Software.
4. [2. GC] The support and/or maintenance services for the duration of the LICENCE will be provided at DVSL’s sole discretion and may be conditioned upon the payment of additional fees.
5. [2.1.3. GC] DVSL ensures You with the Premium Services only as the separate services which are billed upfront and such services provide to You the priority access to the support services.
6. [2.2. GC] DVSL may offer You to conclude the Service Level Agreement according to the terms and conditions used by DSVL at that time. The provision of such services by DVSL may be subject to additional services fees or other conditions.
7. [3.1. GC] The usage rights of Software is provided free of charges and fees for the period specified in Section 1.7. of this LICENCE provided the terms and conditions for the use of Software fully applies to Your use of Software.
8. [4.1. GC] Within 10 (ten) working days after the receiving of notice on Your desire to use the Software according to the terms and conditions of this LICENCE DVSL will send to You an informative e-mail with instructions on how to access the Free Project Licence. The respective e-mail will be sent to the e-mail address provided by You as Your contact information given that such Licence is issued to You.

SIA “Data Visualization Software Lab” (“DVSL”)
Reg.No 40103658672
Gertrudes street 37-8
Riga, LV-1011
Latvia
If You have any questions concerning this EULA, You may contact [email protected]

Legal

ZoomCharts EULA as of August 20th, 2015

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