August 13th, 2020. Copyright Arction Ltd 2019-2020. All rights reserved.

By downloading, installing, copying or otherwise using LightningChart®JS, you are agreeing to be bound to the terms of this agreement. If you don’t agree to these terms, do not download, install, or use the software.

LightningChart®JS products are licensed, not sold.

This End-User License Agreement (“EULA”) is a legal agreement between you, a software applications, systems, or web site developer (“User”) and ARCTION LTD (“Arction”), applying to all LightningChart®JS products (“Software”), libraries, source code, demo applications, documentation and other material that can be considered to be part of Software or intellectual property of Arction Ltd, headquarters at Tehdaskatu 24 B, 70620 Kuopio, Finland.

By obtaining a commercial license to the SOFTWARE, makes a you licensed user (“Licensee”).

This EULA shall commence on the date you downloaded or subscribed to the Software (“Effective Date”).

Applicable license agreement details are addressed per sections

  • Web developer license
  • Application developer license
  • Enterprise license

Web Developer license

Web + Internal + SaaS

License grant

After the license fee has been paid, the license is perpetual (forever), provided that License Agreement terms are followed by the Licensee.

Developer license comes with Subscription (updates and support). During subscription period, software updates and predefined number of support tickets are included.

The license can be assigned (transferred) to another developer through Customer portal. For licensed usage of the Software by two developers, you must purchase two licenses.

Arction grants you a per seat, non-exclusive license to install and use the Software for designing, building, testing and deploying public web sites, public web applications, internal applications* or SaaS applications** you create.

The use of license for deployment to more than 1 domain requires purchasing additional domains (see Deployment Domains***).

For unlimited / agreed count of domains and developers (more than 10 developers), please contact Arction sales for Enterprise licensing (addressed by section “ENTERPRISE LICENSE”).

For development and redistribution of salable and installable applications, including mobile applications, Application Developer License must be purchased (addressed by section “APPLICATION DEVELOPER LICENSE”).

Licensee may:

  • Use the license for one domainin such format as com, www.domainname.com, m.domainname.com and two subdomains for each domain such as subdomain1.domainname.com and subdomain2.domainname.com.
  • Use the license for one test domain, intended for Deployment test.
  • Use a version of Software built before the Subscription expiring date.

Licensee may not:

  • Distribute License key to 3rd parties, or publish it on-line. For publishing, use Deployment key.
  • Distribute login credentials to Customer portal.
  • Use the Software by more than 1 developer per license, without written consent from Arction
  • Create a rival software product based on the Software, its source code, examples source code, algorithms, or other material Arction has published
  • Create derivative software works (you can’t assume ownership of LightningChart)
  • 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 the license for salable / installable applications distribution.

Application Developer license

Salable / installable applications (coming soon)

License grant

After the license fee has been paid, the license is perpetual (forever), provided that License Agreement terms are followed by the Licensee.

Developer license comes with Subscription (updates and support). During subscription period, software updates and predefined number of support tickets are included.

The license can be assigned (transferred) to another developer through Customer portal. For licensed usage of the Software by two developers, you must purchase two licenses.

Arction grants you a per seat, non-exclusive license to install and use the Software for designing, building, testing and redistributing agreed count of installations, for all devices, including mobile, tablets, laptops and desktops. To raise the count of agreed installations, please contact Arction for additional Application deployments ****.

For development and deployment of public web sites, public web applications, internal applications* or SaaS applications**, Web developer license must be purchased (addressed by section “WEB DEVELOPER LICENSE”.

Licensee may:

  • Develop applications for any device or any operating system
  • Integrate software to agreed count of applications and distribute them royalty-free.
  • Use a version of Software built before the Subscription expiring date.

Licensee may not:

  • Distribute License key to 3rd parties, or publish it on-line. For publishing, use Deployment key.
  • Distribute login credentials to Customer portal.
  • Use the Software by more than 1 developer per license, without written consent from Arction
  • Create a rival software product based on the Software, its source code, examples source code, algorithms, or other material Arction has published
  • Create derivative software works (you can’t assume ownership of LightningChart)
  • 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.

Enterprise license

Enterprise plan provides Licensee with:

  • Unlimited / agreed count of domains and applications for deploying
  • Unlimited / agreed count of salable / installable applications distributions
  • Unlimited / agreed count of support tickets
  • Unlimited / agreed count of seats
  • Unlimited / agreed count of unnamed intranet server deployments
  • As an option, Source code of the library

License grant

After the license fee has been paid, the license is perpetual (forever), provided that License Agreement terms are followed by the Licensee.

Enterprise license comes with Subscription (updates and support). During subscription period, software updates and predefined number of support tickets are included.

The license can be assigned (transferred) to another developer through Customer portal.

Arction grants you a per seat, non-exclusive license to install and use the Software for designing, building, testing and deploying public web sites, public web applications, internal applications*, SaaS applications** or agreed count of salable / installable applications you create.

The use of license for deployment to more than agreed count of domains requires purchasing additional Deployment Domains***. Deploying more than agreed count of salable / installable applications requires purchasing additional Application deployments ****.

Source code of libraries allow modifying the Software and using the modified software in Licensee’s applications. Consultancy regarding source code is not included. For consultancy, contact Arction. Please note if you deploy a version of the library you have built yourself, you must obfuscate the library for security and IPR reasons.

Licensee may:

  • Use the license for unlimited / agreed count of domains in such format as com, www.domainname.com, m.domainname.com and two subdomains for each domain such as subdomain1.domainname.com and subdomain2.domainname.com.
  • Use the license for agreed count of test domains, intended for Deployment test.
  • Use a version of Software built before the Subscription expiring date.

Licensee may not:

  • Distribute License key to 3rd parties, or publish it on-line. For publishing, use Deployment key.
  • Distribute login credentials to Customer portal.
  • Use the Software by more than 1 developer per license, without written consent from Arction
  • Create a rival software product based on the Software, its source code, examples source code, algorithms, or other material Arction has published
  • Create derivative software works (you can’t assume ownership of LightningChart)
  • 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.
  • Distribute source code of the Software to 3rd parties

Subscription renewal

Subscription renewal grants software updates and agreed count of support tickets 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. Unused support tickets will become void on the day of the subscription expiration. The renewal either grants the original number of support tickets for current subscription or more if the Licensee wishes to upgrade the license plan. When the renewal is done the unused tickets will be replaced with new tickets the number of which is predefined by license subscription.

The subscription can be renewed through Customer Portal.

If a 5 or 10 set of licenses was bought, the renewal must be done for the whole set of licenses. 

The renewal does not affect the Deployment Domain count – the Deployment Domain count remains the same as before renewal.

Support

Support services are an essential part of a fluent development workflow. Customer can ask tips from, or present problems to Arction’s support specialist.

Support is to be provided to customers with valid subscription and with unused support tickets available. Each support request is equivalent to one support ticket. Request for features or bug reports are not considered as a ticket use. Each support ticket is to be opened and managed through customer portal. If all support tickets were used, additional tickets can be purchased separately for a valid subscription. 

All support tickets that were not used during the active subscription period become void on a day of subscription expiry.  The renewal either grants the same number of support tickets for current subscription or more if the Licensee wishes to upgrade the license plan.

Warranty and limitation of liability

No warranty.

Licensee acknowledges that any alterations or modification made by Licensee to the Software has not been developed by Arction to meet Licensee’s individual requirements and that it is, therefore, Licensee’s responsibility to ensure that the facilities and functions of the Software as described in the Documents meet Licensee’s requirements.

Arction shall not in any circumstances whatever be liable to Licensee, whether in contract, breach of statutory duty, or otherwise, arising under or in connection with the License for:

  • loss of profits, sales, business, or revenue
  • business interruption
  • loss of anticipated savings
  • loss or corruption of data or information
  • loss of business opportunity, goodwill or reputation
  • any indirect or consequential loss or damage
  • fraud or fraudulent misrepresentation

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

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.

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 at your domicile’s competent courts, or 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.

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.

Performance comparisons and benchmarks

Taking Arction products into a performance comparison test, directly or indirectly, or publishing such test results without permission given by Arction beforehand in writing, is strictly forbidden. Arction does not permit Arction or LightningChart trade names, registered trademarks, company names, brand names or alike to be used as a 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 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 neglected Mandatory Obfuscation, or otherwise leaked license keys, or leaked Source Code of LightningChart libraries, Arction may take legal actions and claim for 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 of Software.

* Internal means company internal web site or service, located in cloud, public server, intranet, in company own network server, accessed by company staff only. Also known as “intranet application”.

** SaaS means a public web site, or a service, which requires a login from the end users. E.g. on-line bank web site, trading service allowing exchanging stocks or currency.

*** Deployment Domain means a domain name (public or internal) where Software will be run at. Deployed Software will work only amongst domain names enabled in the Deployment Key.

**** Application Deployment means a deployment of salable / installable application (mobile, laptop, desktop) where Software is integrated to. Application deployment count must be sufficient to cover total count of installations, including end users.