LightningChart® .NET END USER LICENSE AGREEMENT

September 8th, 2020. Copyright Arction Ltd 2009-2020. All rights reserved.

By installing, copying or otherwise using LightningChart® .NET, 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® .NET products are 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 LightningChart® .NET products (“Software”), libraries, source code, examples, demo applications, documentation and other material that can be considered to be part of Software or intellectual property of Arction Ltd.

LICENSE GRANT – PER DEVELOPER LICENSING MODEL

License comes with Subscription.

After the license fee has been paid, the license is perpetual (forever), provided that License Agreement terms are followed by the customer (see notes on activation service availability below).

Subscription (maintenance) includes software updates, warranty and technical support services for selected period, if not excluded by separate agreement between Arction and Licensee.

License requires activation to Arction licensing server. Internet connection is required for activating it instantly on-line. Off-line activation may require day or two.

Arction grants you as an individual developer, a personal, non-exclusive license to install and use the Software for designing, building, testing and deploying application programs you create. The license can’t be transferred to another developer without written permission by Arction. For licensed usage of the Software by two developers, you must get two licenses.

Arction guarantees availability of activation service (on-line and off-line) during active subscription and 3 months after expiry of subscription.

Licensee may:

  • Install the Software into one(1) development computer, per one single license. License is for one developer.
  • Use a version of Software built before the Subscription expiring date.
  • Distribute royalty-free the compiled application with the Software libraries which are being referenced by the application (Arction.*.dll)
  • Make a backup copy of the Software, solely for re-installing the Software

 

Licensee may not:

  • Distribute the license key files, license key strings or setup files of the Software
  • Distribute Arction “License Manager” program
  • Distribute Arction XML files
  • Use the Software to build Software Development Kit(s), Microsoft Visual Studio Add-on(s) (internally used or publicly offered or sub-licensed) without written consent from Arction.
  • Use the Software on more than 1 computers per license, without written consent from Arction.
  • Share the license key(s) of Software with others
  • Create a rival software product based on the Software or its source code
  • Create derivative software works (you can’t assume ownership of LightningChart .Net)
  • Reverse-engineer, decompile or disassemble the Software
  • Rent or lease the Software to anyone
  • Transfer the license to 3rd party, such as sub-contractor, without informing Arction
  • Use on-line map tile data service’s license keys – possibly provided in example code – in Licensee’s applications.

LICENSE GRANT – FLOATING LICENSING MODEL

License comes with Subscription.

After the license fee has been paid, the floating license is granted for selected period, containing equal duration of Subscription, provided that License Agreement terms are followed by the customer.

Subscription (maintenance) includes software updates, warranty and technical support.

Arction grants to you a floating, non-exclusive license, to install and use the Software for designing, building, testing and deploying application programs you create, by any one developer member of Licensee’s team at a time. In order to use the floating license token by other developer, previous developer must stop using the Software. If several developers must be able to use the Software at the same time, you must get several floating licenses.

Floating license requires continuous internet connection to Arction licensing server, if not agreed otherwise with Arction.

Arction provides floating license service only during active subscription, after which the servers may not be available anymore, or the servers may not accept the license.

Licensee may:

  • Install the Software into any count of development computers within the team
  • Use the Software by one developer at a time
  • Use a version of Software built before the Subscription expiring date
  • Distribute royalty-free the compiled application with the Software libraries which are being referenced by the application (Arction.*.dll)
  • Make a backup copy of the Software, solely for re-installing the Software.

Licensee may not:

  • Distribute the license key files, license key strings or setup files of the Software
  • Distribute Arction “License Manager” program
  • Distribute Arction XML files
  • Use the Software or its Source Code to build Software Development Kits, Software Development Environment – such as Microsoft Visual Studio – Add-ons (internally used or publicly offered or sub-licensed) without expressed written consent of Arction Ltd or by special licensing arrangements.
  • Share the license key(s) of Software with others outside your team
  • Create a rival software product based on the Software or its source code
  • Create derivative software works (you can’t assume ownership of LightningChart .Net)
  • Reverse-engineer, decompile or disassemble the Software
  • Rent or lease the Software to anyone
  • Transfer the license to 3rd party, such as sub-contractor, without informing Arction
  • Use on-line map tile data service’s license keys – possibly provided in example code – in Licensee’s applications.

RIGHT TO MONITOR SOFTWARE USE

Arction reserves the right to understand, how Software is used and distributed in Licensee’s application(s), in the context of monitoring the compliance with licensing terms.

NON-CHARTING DEVELOPERS

All developers programming LightningChart .Net API directly, need a license, while other team members who don’t have license, may experience limitations in functionality. Charting developers (with licenses) can generate a Deployment Key, and assign this Deployment Key to the source code of the project. Non-charting developers (using the assemblies the charting developers made) can’t see the charts in Visual Studio designer. If running the application with the debugger attached, the chart shows up, but with low-performance mode (~1 frame/sec), and shows a nag message. If development in Visual Studio designer or unrestricted usage while debugging is required, Developer license is needed.

GEO MAP DATA SERVICES

By this license agreement, Arction does not provide or grant any license for any on-line map tile data service. Using on-line tile maps needs obtaining on-line map data license from the tile data provider and applying the service’s license keys in your application.

LightningChart® TRADER

Trader API (TradingCharts) is released as free-of-charge, without any additional cost. Arction has a data contract with 3rd party REST API service provider (AlphaVantage.co). The quota is shared between all LightningChart users, and may come insufficient time to time. Arction has right to replace data service REST API with another provider service, and release new assemblies. Arction is not liable for any inconvenience or downtime of the data service.
Arction recommends using the built-in data contract only for testing and development purposes, and Licensee to get an own data contract and API key, which can be input in Trader API.
Trader API source code is available from Arction, for Licensee to implement any REST API or data input, with no additional cost.

SUBSCRIPTION WITH SOURCE CODE

Subscriptions “with source code” allow modifying the Software and using the modified software in Licensee’s application, and acts as risk avoidance approach for customers having this policy.

Consultancy regarding source code is not included. For consultancy, contact Arction.

MANDATORY OBFUSCATION (SECURITY AND ENCRYPTION)

Licensee must use an obfuscation tool, to prevent all Arction license keys and Deployment Keys from being visible for reverse-engineering and disassembler tools.

If you have obtained Subscription with Source Code, you must use obfuscation tool to obfuscate LightningChart .Net libraries you build.

SUBSCRIPTION RENEWAL

Subscription renewal grants software updates, technical support and warranty for the renewed period. Subscription should be renewed before the expiry date. It must be renewed before expiry date + 3 months, otherwise, it will lose its eligibility for renewing. The subscription renewal will extend the subscription from the expiry date of old subscription.

WARRANTY AND DISCLAIMER

In case of error in the Software, Arction will make its best for repairing the error and deliver a new version of the Software to Licensee, during 30 days from date Arction has been informed of such error.

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. A trial version of the Products is always available for you to evaluate the suitability to your software application. You take responsibility when selecting the software component to your application to achieve your intended results.

If Licensee has modified the Software, Arction will have no obligation to fix the software, related to modified parts, or for other parts that have got broken as a result of modifying of the Software by the Licensee.

Geographic maps delivered with the Software, or imported by the developer, are as accurate as the source data is. Arction does not guarantee the accuracy of the map source data, provided by several suppliers. Arction will not be liable for any time loss or accident caused by inaccurate maps or their presentation.

Arction does not guarantee operation of online map tile data services, trading data services, such as AlphaVantage, MapQuest, Here or WeatherBug, if internet connectivity problems exist, such service is off-line, retrieve rate limit has been exceeded, service’s licensing policy has changed, data transfer protocols or data transfer commands have been changed or service has been permanently shut down.

In all circumstances, Arction’s liability is limited to refunding of the price of the license.

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.

NON-COMPETE

Licensee shall not own, manage, operate, consult or be employed in the business developing, selling, licensing of packaged Charting development services or software determined to be a Competing Business of Arction or facilitate a Competing Business through any affiliates, employees, associates or any related parties and “upon downloading this software” Licensee will be in direct violation of the terms of this agreement and any resulting damages, loss of business relationships, clients, financial loss or any harm determined to be inflicted upon Arction will be immediately enforceable subject to appropriate business, intellectual property and copyright laws. The provisions of this section shall survive the termination of this Agreement.

INDEMNIFICATION

INDEMNIFICATION protections for Licensee 

In the event of the “original downloaded” software, provided by Arction and subsequently licensed to Licensee becomes subject and determined to be responsible for a claim of infringement of any intellectual property of a third party, Arction shall promptly, at its own discretion and expense, either: 

    a). Modify its original contents to make it non-infringing; or 

    b). Settle the claim by procuring for you the right to continue using the software; or 

    c). Indemnify Licensee for any and all loss, cost, damage, settled claim, or liability, including reasonable attorney and professional fees and costs, and the cost of settlement, compromise, judgment, or verdict incurred by Licensee arising out of or relating to any actual determined direct patent infringement; unlawful disclosure, use, or misappropriation of a trade secret; or violation of any other intellectual property right. Licensee will not enter into any settlement of a claim described in this Agreement without Arction’s prior written consent, which will not be unreasonably withheld. 

INDEMNIFICATION protections for Arction 

In the event the Licensee alters the “originally downloaded” software provided by Arction and subsequently Licensee’s alterations and modifications of the licensed software becomes subject and determined to be responsible for a claim of infringement of any intellectual property of a third party while also subsequently determined not to be any infringement by Arction’s “originally downloaded and licensed version” of the software, Licensee shall promptly, at its own discretion and expense, either: 

    a). Modify its alterations of the “originally downloaded” software contents to make it non-infringing; or 

    b). Settle the claim at Licensee’s full expense to procure the right to continue using the software; or 

    c). Indemnify Arction for any and all loss, cost, damage, settled claim, or liability, including reasonable attorney and professional fees and costs, and the cost of settlement, compromise, judgment, or verdict incurred by Arction arising out of or relating to any actual determined direct patent infringement; unlawful disclosure, use, or misappropriation of a trade secret; or violation of any other intellectual property right. Licensee will not enter into any settlement of a claim described in this Agreement without Arction’s prior written consent, which will not be unreasonably withheld. 

Should the terms and conditions of any other agreement between Licensee and any third parties or documents exchanged relating to the subject matter of this Agreement be unenforceable, ambiguous or in conflict with the terms and conditions set forth in this Agreement, Licensee agrees to reject the terms and conditions of the other agreement(s) or documents, and the terms and conditions of this Agreement shall supersede the other terms and conditions that govern any relationships between Licensee and the third parties.  The terms and conditions of this Agreement apply as stated herein irrespective of any limitation of liability or indemnification obligation in any other agreement between Licensee and associated third parties.

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.

PERFORMANCE COMPARISONS AND BENCHMARKS

Taking Arction products into performance comparison test or publishing such test results without permission given by Arction beforehand in writing, is strictly forbidden. Arction does not permit Arction or LightningChart .Net trade names, registered trademarks, company names, brand names or alike to be used as reference of any kind without permission given by Arction beforehand in writing. Direct and indirect damages inflicted by violating these terms will be claimed from the violating party to the maximum extent by applicable law.

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 or violated the License Agreement terms, Arction Ltd has the right to terminate the license and all services regarding Software. Upon such case, Arction may black-list the license keys and refuse from all support services.
If Licensee has (i) neglected Mandatory Obfuscation; or (ii) otherwise leaked license keys; or (iii) leaked Source Code of LightningChart .Net libraries, 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.