Arction Gauges EULA

ARCTION GAUGES SOFTWARE COMPONENT PRODUCTS LICENSE AGREEMENT

August 1th, 2019. Copyright Arction Ltd 2015-2019. All rights reserved.

By installing, copying or otherwise using the ARCTION GAUGES SOFTWARE COMPONENT PRODUCTS (“Software”), you are agreeing to be bound to the terms of this agreement. If you don’t agree to these terms, do not use the SOFTWARE.

LightningChart® Gauges product is licensed, not sold.

This End-User License Agreement (“EULA”) is a legal agreement between you, a software applications developer (“Licensee”) and ARCTION LTD (“Arction”), applying to all Arction Gauges software component products, libraries, source code, demo applications, documentation and other material that can be considered to be part of Software or intellectual property of Arction Ltd.

LICENSE GRANT –NON-COMMERCIAL LICENSE

Arction hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for Your private and personal non-commercial use for designing, development, building and deploying your application on any computer or mobile device supported by the Software.

The license is provided free of charge, in as-it-is basis. Arction does not guarantee commit to technical support services, warranty or fixing of bugs.

Licensee may:

  • Install the Software into any count of computers, per one single license, in direct possession of the Licensee
  • Distribute royalty-free, non-commercial compiled application with the Software libraries which are being referenced by the application
  • Make a backup copy of the Software

Licensee may not:

  • Rename Arction assemblies
  • Use license for any commercial purposes
  • Create a rival software product based on the Software or its source code
  • Create derivative software works (you may not assume ownership of Software)
  • Reverse-engineer, decompile or disassemble the Software
  • Rent or lease the Software to anyone
  • Transfer the license to3rdparty, such as sub-contractor, without informing Arction.

LICENSE GRANT – COMMERCIAL LICENSE

Arction hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited, perpetual right and license to use one copy of the Software for commercial use for designing, development, building and deploying your application on any computer or mobile device supported by the Software.

The Software is provided in as-it-is basis, at the price indicated in latest price list, and it comes with Source code.

Technical support, maintenance, updates or warranty are not included nor available.
Licensee may:

  • Use Software for commercial purposes
  • Install the Software into any count of computers, per one single license, in direct possession of the Licensee
  • Distribute royalty-free the compiled application with the Software libraries which are being referenced by the application
  • Make a backup copy of the Software
  • Make modifications in the Source code, build a modified revision of the Software, and deploy it with Your application.

Licensee may not:

  • Rename Arction assemblies
  • Create a rival software product based on the Software or its source code
  • Create derivative software works
  • Reverse-engineer, decompile or disassemble the Software
  • Rent or lease the Software to anyone
  • Share the source code
  • Transfer the license to 3rdparty, such as sub-contractor, without informing Arction.

SOURCE CODE

The source code is included only in Commercial License of the Software. Obfuscation of Software built from Source code, is mandatory, to protect Arction’s Intellectual Property Rights.

WARRANTY AND DISCLAIMER

No warranty.

Arction does not guarantee that any functions contained in the components will meet your requirements, or that its operations will be error free. The entire risk as to the software performance or quality, or both, is solely with the users and not Arction. You take responsibility when selecting the software component to your application to achieve your intended results.

To the maximum extent permitted by applicable law, in no event shall Arction be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other loss)arising out of the use of or inability to use the Software even if Arction has been advised of the possibility of such damages.

GOVERNING LAW

This EULA will be governed by the laws of Finland without reference to its choice of law rules.

Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Arction’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language.

REFERENCE CUSTOMER

Arction may use Licensee as a reference customer, unless requested no to do so by Licensee.

VIOLATION WITH LICENSING TERMS

If Licensee has neglected payment of Software (Commercial License) or violated the License Agreement terms, Arction Ltd has the right to terminate the license and all services regarding Software. Neglecting mandatory obfuscation of custom Software built from Source code, may lead into legal actions and claim of damage.

EULA REVISIONS

Arction keeps the right to modify EULA to comply with current software version, current license types available, service levels, and licensing violations Arction encounters. Arction will publish the newest available EULA to Arction website, where it can be found in under product info, or menu structure directly. The revisions of EULA’s are identified by Date. Licensee must check the current version of EULA when starting to use a new version.