FusionExport - Software Licensing Agreement
IMPORTANT – PLEASE READ THIS SOFTWARE LICENSE AGREEMENT(“AGREEMENT” or "LICENSE") CAREFULLY BEFORE ATTEMPTING TODOWNLOAD OR USE ANY SOFTWARE, DOCUMENTATION, OR OTHER
MATERIALS MADE AVAILABLE THROUGH FUSIONCHARTS WEB SITE
(FusionCharts.com or affiliated sites). THIS AGREEMENT CONSTITUTES ALEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH
YOU REPRESENT AND ARE AUTHORIZED TO BIND (the “Licensee” or “You”),
AND INFOSOFT GLOBAL PRIVATE LIMITED. (“InfoSoft” or “Licensor”). IF YOU
DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD,
INSTALL OR USE THE SOFTWARE.
THESE LICENSE TERMS, TOGETHER WITH ANY APPLICABLENON-DISCLOSURE AGREEMENT APPEARING OR REFERENCED ON
FUSIONCHARTS WEBSITE OR IN THE FILES DELIVERED DURING
INSTALLATION REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONSGOVERNING YOUR USE OF THIS SOFTWARE AND ACCOMPANYING WRITTEN
MATERIALS (WHERE APPLICABLE), AND SUPERSEDE ANY OTHER PRIORPROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE
PARTIES.
BY INSTALLING, COPYING, OR OTHERWISE USING SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THISAGREEMENT AND AGREE TO THE VALIDITY AND WOULD BE BOUND BY THE
TERMS OF THIS LICENSE GRANT.
IT IS HIGHLY RECOMMENDED THAT YOU KEEP A COPY OF THIS LICENSEFOR YOUR RECORDS.
1. Definitions(a) "InfoSoft" means InfoSoft Global Private Limited and its licensors, if any.
(b) "Software" or “FusionExport Software" means only the software program(s) as
described in Exhibit A.
(c) "Source Code" shall include computer programming code or any computer
instructions necessary to compile FusionExport Software.
(d) "Derivative Works" means any software programs that are developed by
Licensee and which incorporate or contain modifications of any part of Source Code,and including any revision, modification, translation (including compilation orrecapitulation by computer), abridgment, condensation, expansion or any other form
in which Source Code, may be recast, transformed or adapted.
(e) “Documentation” means all end user and developer documentation supplied for
FusionExport Software, including subsequent revisions and updates thereto.

(f) “Minor Version Upgrade” means an upgrade to the current version of
FusionExport Software, as indicated by a change in version number to the right ofthe decimal point (e.g. Version 1.1 to Version 1.2).
(g) “Major Version Upgrade” means an upgrade to a new version of FusionExport
Software, as indicated by a change in version number to the left of the decimal point(e.g. Version 1.0 to Version 2.0).
(h) "Trial Version" means a version, so identified, of FusionExport Software to be
used to review and evaluate FusionExport Software only.
(i) "Not For Resale Version" means a version, so identified, of FusionExport Software
to be used to review and evaluate FusionExport Software only.
(j) "Production server" means a computer running a Server Operating system in your
Production environment, with one or more computer central processing units (CPU's)
that operates for the purpose of serving other client computers logically or physicallyconnected to it, including, but not limited to, other computers connected to it on aninternal network, intranet or the Internet.
(k) "Development or test server" means a computer in your environment, with one ormore computer central processing units (CPU's) that operates for the purpose ofdevelopment or testing only, accessed by one or more developers or designers.
(l) “Intellectual Property Rights” means patents, trade or service marks, registered
designs or applications for any of the foregoing, copyright, design rights, databaseright and any other industrial or intellectual property right.

2. Ownership & License Grant
Subject to the terms and conditions of this Agreement and upon Licensee's full
payment of the applicable fees, if any, the Licensor hereby grants to you, and you
accept, a non-exclusive, non-transferable license to use, copy and modify the
Software only as authorized below. This License will be registered in the licensee's
name, and is effective until terminated as provided below. You may terminate thisLicense by destroying the Software and any copies of the Software in yourpossession. This License will terminate automatically upon any violation of its terms
by you.
This is a license agreement and not an agreement for sale. The Licensor continues
to own the copyright of the Software. Your rights to the Software are specified in thisAgreement, and the Licensor retains all rights not expressly granted to you in thisAgreement. This software is protected by copyright laws and international treaty
provisions. Except for the rights expressly granted in this Agreement, this Licensetransfers to you no right, tide, or interest in the Software, or any copyright, patent,
trademark, trade secret, or other intellectual property or proprietary right in the
Software. The Licensor retains sole and exclusive title to all portions of the Softwareand any copies thereof. You agree not to disclose the Software to anyone.

3. Licenses of FusionExport Software and permitted uses
FusionExport Software offers three different licenses:(a) Trial or Evaluation License(b) Development or Test Server License(c) Production Server License
Based on your selection of the license for FusionExport Software, this Agreement
grants you a limited, non-transferable, perpetual and non-exclusive right to thefollowing:(I) Permitted Uses under Trial License(a) You are authorized to install, copy, and use the Trial Version of FusionExport
Software for the sole purpose of testing its functionality and performance.
(b) You are not allowed to use it for any commercial or production purpose.
(c) You agree to not remove, obscure, or alter the messages from Trial Version of
FusionExport Software.
(d) The trial versions of Software may have limited time period or features andevaluation messages at the top of each chart. It may also contain links to
FusionExport website.
(II) Permitted Uses under Development or Test Server License(a) Use FusionExport software on ONE development or test server. A single
Development/Test Server License for the Software may only be used on ONE andthe SAME Development or Test Server.
(b) Allow any number of employed or contractual designers or developers, locatedanywhere in the world, for development and testing purpose on the same Server.
(c) Make copies of the software for backup purpose.
(III) Permitted Uses under Production Server or WFE Server License
A separate Production Server License is required for each Server in your Production
environment and for each Server in your Production Farm environment on which you
will be installing and running the Software.
(a) Use the software on ONE production server. Single Production Server License
for the Software may only be used on one and the same Production Server
environment.
(b) Allow unlimited number of dashboards or reports to be exported from installed
FusionExport software, served through the same Production Server.

(c) Use by any number of employed or contractual designers or developers,
located anywhere in the world, for development and testing purpose on the same
Production Server.
(d) Make copies of the software for backup purpose.
4. Prohibited Uses
You may NOT, without the prior written permission of Licensor:(a) Use the Software as or to create a product or service or utility which exposes thefunctionality of the Software to other users in such a way as to compete, directly or
indirectly, with the Software.
(b) Use or distribute the Software or part of software as part of another Software
product, framework, component, library or plug-in. An OEM license is required forsuch usage.
(c) Use the single production license on more than one production server. Single
Production Server License for the Software may only be used on one and the same
Production Server environment.
(d) Use the software on one or more Development or Test Server environments,
unless in evaluation mode, without acquiring the Development/Test Server license.
(e) Disassemble, decompile, decode or otherwise reverse translate or engineer, or
attempt in any manner to reconstruct or discover any source code or underlying
algorithms of Software, if provided in object code form only.
(f) Use, copy, modify, or merge copies of the Software and any accompanying
documents except as permitted in this Agreement.
(g) Sell, lease, assign, transfer, sublicense, disseminate, translate, duplicate,reproduce or copy the Software (or permit any of the foregoing) or any information
pertaining thereto to any other party except as permitted in this Agreement.
(h) Transfer, rent, lease, or sublicense the Agreement.
6. Source CodeProvided you have purchased a license to the source code as part of a license that
includes it, you may make modifications, enhancements, derivative works and/or
extensions to that licensed source code provided to you under the terms set forth in
this section.
You will not grant, either expressly or impliedly, any rights, title, interest, or licenses
to any such modifications, enhancements, derivative works and/or extensions to any
third party. You will, however, be entitled to use such modifications, enhancements,
derivative works and/or extensions under the terms set forth in this agreement. You

hereby assign all right, title and interest in and to such modifications, enhancements,
derivative works and/or extensions to the licensed source code to Licensor.
(a) You may not distribute FusionExport Software source code, or any modification,enhancement, derivative work and/or extension thereto, in source code form.
(b) The source code contained herein and in related files is provided to theregistered developer for the purposes of modification, education and troubleshooting.
Under no circumstances may any portion of the source code be distributed,
disclosed or otherwise made available to any third party without the express, priorwritten consent of the Licensor.
(c) Under no circumstances may the source code be used in whole or in part, as thebasis for creating a product that provides the same, or substantially the same,functionality as FusionExport Software. You will not take any action, or assist orotherwise aid anyone else in taking any action, that would limit Licensors’s
independent development, sale, assignment, licensing or use of its own software or
any modification, enhancement, derivative work and/or extension thereto.
(d) You will not modify or delete, in whole or part, any copyright, trade secret,proprietary, confidential or other notice thereon or therein without the express, priorwritten consent of InfoSoft.
YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSEDAS IS, AND THAT LICENSOR DOES NOT PROVIDE ANY TECHNICAL SUPPORTFOR SOURCE CODE.
7. Academic License Eligibility
InfoSoft offers qualified Educational Institutions or Organizations and eligible
Academic End Users the ability to buy educational licenses of FusionExport
Software for educational instruction purposes. Educational versions of FusionExport
Software can not be used for any commercial purpose. Programs and prices are
subject to change without notice. Please contact us at sales@fusioncharts.com foreligibility requirements or if you have any other questions about the academic
License Eligibility.
8. Copyright
All title and copyrights in and to the Software (including but not limited to any images,
photographs, animation, video, audio, music, text and "SWFs" incorporated into theSoftware) and the accompanying printed materials are owned by InfoSoft or its
suppliers. The software is protected by copyright laws and international copyrighttreaties, as well as other intellectual property laws and treaties. The software islicensed, not sold. Title to the software shall at all times remain with InfoSoft. You
must treat the Software like any other copyrighted material, except that you may, in
addition to the copies permitted in this license agreement, make one copy of the
Software solely for backup or archival purposes.
9. Termination

This Agreement and the License granted hereunder shall last as long as you use theSoftware in compliance with this Agreement. InfoSoft may terminate thisAgreement and the License granted hereunder if you fail to comply with any of theterms and conditions of this Agreement. Upon termination of this Agreement for
any reason the License granted to you hereunder shall terminate automatically andyou shall immediately cease use and distribution of the Software. You must also
destroy all copies of the Software, documentation and demos provided by InfoSoft inconnection with this Agreement.
10. Confidentiality
You acknowledge that the Software and any source code provided to you pursuant
to this Agreement, as well as any modification, enhancement, derivative work and/or
extension thereto includes valuable trade secrets of InfoSoft. You agree to maintainin confidence the FusionExport Software Source Code, and any modification,enhancement, derivative work and/or extension thereto, by using at least the same
physical and other security measures as you use for your own confidential technicalinformation and documentation, but in no event less than a commercially reasonable
standard of care. You further agree not to disclose the FusionExport Software
Source Code , or any aspect thereof, or any modification, enhancement, derivative
work and/or extension thereto, or any aspect thereof, to anyone other thanemployees or contractors who have a need to know or obtain access to suchinformation in order to support your authorized use of the Software and who arebound to protect such information against any other use or disclosure. You agree toassume full responsibility for such employees' or contractors' use, or misuse, of suchdisclosed source code as if it was your use. These obligations shall not apply to any
information generally available to the public, independently developed or obtained
without reliance on InfoSoft's information, or approved in writing for release by
InfoSoft without restriction.
11. Limited Warranty(a) Except with respect to source code, which is provided "as is," without warranty of
any kind, InfoSoft warrants that the Software will perform substantially in accordancewith the accompanying materials for a period of thirty (30) days from the date ofpurchase. InfoSoft does not warrant that the Software will be error-free. Source code
is licensed "as is". InfoSoft does not provide any technical support for source code.
(b) The Software may be provided with third-party components or plug-ins or otherthird-party software as set forth in Section 13. InfoSoft has acquired and conformed
to the requisite licenses for such third-party software for embedding within InfoSoft
and warrants that such third-party plug-ins or components will perform substantiallyin accordance with the expected behavior for a period of thirty (30) days from thedate of download. InfoSoft does not warrant that the third-party Software will beerror-free.
(c) InfoSoft's and its suppliers' entire liability, in contract, tort or otherwise, and yourexclusive remedy under the performance warranty shall be, at InfoSoft's option,either (a) return of the purchase price paid, or (b) repair or replacement of thedefective Software. Software purchased other than directly from InfoSoft shall bereturned to the place it was purchased. This limited warranty is void if failure of the
Software has resulted from accident, abuse, or misapplication. Any replacement
Software will be warranted for the remainder of the original thirty (30) day period.
(d) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 11, INFOSOFT AND
ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROMA COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS,PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so
the above exclusions might not apply to you.
12. Limitation of Liabilities
InfoSoft's liability, whether in contract, tort, or otherwise, arising out of Licensee's useof, or in connection with, the SOFTWARE, or otherwise under this Agreement, shallnot exceed the amount of the license fee paid by you to InfoSoft. IN NO EVENTSHALL INFOSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESSPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITYTO USE THE SOFTWARE, EVEN IF INFOSOFT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
13. Third party Components
The Software includes third party components licensed by InfoSoft for purpose ofembedding within the Software. InfoSoft has reviewed, acquired and conformed tolicenses of all such third party components, thereby not requiring you to separately
acquire the same. The terms of such license will apply in lieu of the terms of thisAgreement, and InfoSoft hereby represents and warrants that the license granted tosuch Components will be no less broad than the license granted in this Agreement.
The Components are provided “as is” by the third party licensors who disclaim all
liabilities, damages, (even if they have been advised of the possibility of suchdamages), warranties, indemnities and other obligations of any kind, express or
implied, with regard to the components. The components are excluded from any
indemnity provided by InfoSoft in this license. Nothing in the foregoing affects any
performance warranty provided by InfoSoft with regard to the Software as a whole.
A list of included Components and their respective licenses shall be provided uponrequest.
14. General(a) Relationship of Parties. The parties are independent contractors, and not agents,
employees or joint venturers of one another, and do not have any authority to bindthe other party by contract or otherwise to any obligation. Neither party will

represent to the contrary, either expressly, implicitly, by appearance or otherwise.
(b) Governing Law. This Agreement will be governed by the law of the State ofCalifornia, U.S.A., without regard to the conflict of laws principles thereof. The
Uniform Computer Information Transactions Act and the United Nations Convention
on the International Sale of Goods shall not apply to this Agreement. If any
provision of this Agreement is to be held unenforceable, such holding will not affectthe validity of the other provisions hereof. Failure of a party to enforce any
provision of this Agreement shall not constitute or be construed as a waiver of suchprovision or of the right to enforce such provision.
(c) Compliance with Export Laws. Each party shall comply with the laws. Neither
party shall export or re-export directly or indirectly (including via remote access) any
part of the FusionExport Software to any country for which a license is required
under the Export Laws without first obtaining a license.
(d) Trademark Usage and Publicity. InfoSoft may use Licensee's name and logos
in its marketing, promotion and website, as is reasonably necessary to describe andpromote FusionExport Software.
(e) Complete Agreement. This Agreement, including all Exhibits, constitutes theentire agreement between the parties with respect to the subject matter hereof, andsupersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. No amendment to or
modification of this Agreement will be binding unless in writing and signed by a duly
authorized representative of both parties.
15. Upgrades & Updates
If you have purchased a Developer or Production server license, you are eligible toreceive all Major Upgrades and Minor Updates for the version of the Software thatyou license hereunder for a period of twelve (12) months from the date on which you
purchase the License for the Software, as part of the included subscription with eachlicense.
You can further purchase an annual subscription of FusionExport Priority Support &Upgrade, which makes you eligible to receive all Major Upgrades and Minor
Updates, valid for the entire duration of the subscription, starting from the date of
expiry of included subscription with the license. One unit of active subscription isrequired to be purchased or renewed for each development or production server
license. For information on FusionExport subscription, please contact our sales teamat sales@fusioncharts.com
Updates replace and/or supplement (and may disable) the version of the Softwarethat formed the basis for your eligibility for the Update. You may use the resulting
updated Software only in accordance with the terms of this License.
16. Support
InfoSoft offers two types of support:

(a) Self-serve Support: This support is available online on FusionExport website(www.fusioncharts.com) and includes articles, tips and documentation on how to use
FusionExport Software. There may be short periods of downtime due tomaintenance and possible internet outage. InfoSoft offers self-serve support 'as-is'
and does not guarantee any specific level of uptime or warranty of any kind.
(b) Personalized Priority Support: Personalized Priority support will be provided by
InfoSoft Support Staff via telephone and email. Personalized Priority Support isavailable to InfoSoft customers with active FusionExport Support & Upgrade
subscription period as part of their license, or as a result of purchase of additional
support subscription for the duration of the period of subscription.
InfoSoft Support Staff will provide support to FusionExport Software licensees only,
and not their end customers. InfoSoft will support only the last major version of those
products released. At its discretion, it can provide free upgrades to the latest versionof FusionExport Software to help resolve any problem. InfoSoft Support Staff will
provide support only on FusionExport Software, thereby not extending totechnologies or products in whose conjunction the licensee is using FusionExport
Software.
Support hours are IST 9.30am to 7.30pm (IST = +5.30 GMT), Monday to Friday
excluding statutory holidays and company holidays. Official support email is
support@fusioncharts.com.
InfoSoft does not guarantee results under this agreement but merely agrees to use
reasonable diligence in attempting to accomplish its obligations. InfoSoft shall not beliable for any damages caused by delay in delivering or furnishing any services
referred to in this Agreement. The support subscription is non-transferrable, except
in case of acquisition or sale of licensee company.
Exhibit A: Description of Licensed Software- FusionExport Server (Windows, Linux or Mac)- FusionExport SDKs
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUINGTHE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING ORRUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE
BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEENINFOSOFT AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVESTATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.