Standard License Agreement 16.0

This Standard License Agreement sets forth the terms and conditions governing all purchases of License(s)to and use of Software owned and delivered by Highsoft AS, the company behind Highcharts.
By installing or using Software or any part thereof, Licensee agrees to be bound by this Standard License
Agreement, unless Licensee is using the Software for a non-commercial purpose authorized by Highsoft
which is governed by separate terms for non-commercial usage.

1.

Definitions

Agreement shall mean this document and the License Statement;
Affiliate shall mean any entity that directly, or indirectly controls, is controlled by, or is under common control
with the subject entity. For purposes of this definition,”control” means direct or indirect ownership or control
of, more than 50% of the voting interests of the subject;
Affiliate Fee shall mean the additional fee payable by Licensee to Highsoft for extending purchased
License(s) to apply also to Licensee’s Affiliates, if Licensee so chooses pursuant to section 3.2.2;
Confidential Information shall mean any and all written, verbal, or demonstrated information of proprietary
and/or confidential nature provided by one Party to the other in connection with this Agreement; Confidential
information shall include, without limitation, information relating to technologies, finances and legal affairs
which relate in any manner to a Party’s actual, or anticipated business whether obtained in tangible orintangible form, including oral or visual. Confidential Information shall not include A) Licensee’s name, logo,
the existence of a contractual relationship between the Parties and the product licensed under thisAgreement, or B) information that (i) is generally known to the public at the time of disclosure; (ii) is lawfullyreceived or obtained by the receiving Party from a Third Party who has rightful possession of Confidential
Information; (iii) becomes generally known to the public after the time of disclosure, but not as a result of
disclosure by the receiving Party, or (iv) is already in the possession of the receiving Party prior to thesigning of this Agreement;
Customer Installation shall mean any distribution of Licensed Software as an integral part of a Licensee
Product through installation of such Licensee Product on a server owned or operated by a Licensee
customer pursuant to an OEM License granted according to section 4.4 below. One Customer Installation
shall for the purposes of the Agreement comprise of one sale of a Licensee Product to a Licensee customer
and the subsequent distribution of Licensed Software to that Licensee customer through installation of that
Licensee Product on the Licensee customer’s server, regardless of the number of users within the Licensee
customer’s organization authorized to use the installed Licensee Product. The number of authorized
Customer Installations under a purchased License shall be defined in the License Statement and is not
subject to renewal, recurrence or re-use;
Customer Installation with Developer Rights shall mean a Customer Installation that is based on an OEM
License authorizing the Licensee’s customer, post installation, to customize Licensed Software for its own
purposes;
Delivery Date shall mean the date upon which Licensee is invoiced by Highsoft for the applicable Licensed
Software;Developer shall mean any unnamed person, whether an employee or subcontractor of Licensee, who will
be simultaneously working with the API and/or the source code of the Licensed Software. The number ofDevelopers authorized to simultaneously work with the Licensed Software is defined in the LicenseStatement;
2 / 21Highsoft Standard License Agreement 16.0

Highcharts Advantage shall mean the maintenance and support services offered by Highsoft, as defined in
section 5 below, which Licensee is entitled to receive for as long as Licensee is validly enrolled in the
Highcharts Advantage plan;
Highcharts Advantage Fee shall mean the fee payable by Licensee to Highsoft for each renewal ofLicensee’s enrollment in Highcharts Advantage plan following the initial twelve (12) months enrollment thatis included in the License Fee at no additional cost, or the fee payable to Highsoft by Licensee for its
enrollment in a Fixed Advantage Period as set out in section 5.2, as applicable;
Highsoft shall mean Highsoft AS, the company behind Highcharts, a Norwegian corporation withorganization no. 996 840 506;
Highsoft Website shall mean www.highcharts.com, including subdomains;
Internal Application shall mean software solutions or applications which fully or partly includes Licensed
Software, and which is used solely for internal purposes by Licensee’s employees and/or contractors inside
the firewall of Licensee’s network. An Internal Application shall not be used for external purposes and shallunder no circumstance be used by or with Licensee’s customers;
Internal License shall mean the license type offered by Highsoft granting Licensee the right to use theLicensed Software as such on websites and Internal Applications as further described in section 4.1.
License shall mean the right to use the Licensed Software granted to Licensee by this Agreement, in theform of either an Internal License, a SaaS License, a SaaS+ License and/or an OEM License. Upon entering
into this Agreement Licensee must choose one of the license types. The sets of usage rights granted byHighsoft under each license type, are defined in section 4.1-4.4 of this Agreement;
License Fee shall mean the fee payable by Licensee to Highsoft for the right to use the Licensed Software
under a purchased License and for the Licensee’s initial twelve (12) months enrollment in Highcharts
Advantage after Delivery Date, which is included in the License Fee at no additional cost;
Licensed Software shall mean the Software products licensed to Licensee through this Agreement, as
chosen by Licensee upon purchase and confirmed in the License Statement;
Licensee shall mean the legal entity to which License has been granted, as expressly stated in the LicenseStatement;
Licensee Product shall mean any software product, application or solution, offered by Licensee, into which
Licensed Software may be incorporated pursuant to a purchased OEM License in accordance with section
4.4 and which has been approved by Highsoft as a Licensee Product by express identification as such in the
License Statement. The term Licensee Product excludes SaaS Applications and Web Applications provided
by Licensee, wherein the incorporation of Licensed Software may only occur pursuant to a purchased SaaS
License or a SaaS+ License as outlined in sections 4.2 or 4.3);

3 / 21Highsoft Standard License Agreement 16.0

License Statement shall mean the document issued by Highsoft and sent to Licensee following Licensee’spurchase of a License, as a link along with the confirmation of the purchase of the License, which expressly
identifies the details of the granted License, including but not limited to the Licensed Software, the Affiliate(s)to which usage rights are granted under the License (if applicable), the number of authorized Developers ,the License ID-number, the expressed name(s) of the applicable Web Applications, SaaS Application(s) and
Licensee Products (as applicable), Licensee’s enrollment in Highcharts Advantage, and applicable terms
hereunder, as further set out in section 17.8. In the case of any subsequent changes to the License inaccordance with section 17.8, the License Statement will be adjusted accordingly;
OEM License shall mean the license type offered by Highsoft granting Licensee the right to use Licensed
Software as an integral part of a Licensee Product which will be supplied to Third Party through a Customer
Installation, as further described in section 4.4;
Official Integrations and Add-ons shall mean integrations, wrappers, add-ons, plug-ins and software
framework which are made available and supported by Highsoft as an additional free-of-charge service not
to be deemed part of the Licensed Software, for the purpose of enhancing the use of the Software andmaking integration and programming easier, for instance by adding customized features or by simplifying thedevelopment environment. Such Official Integrations and Add-ons may include opens source software andare made available “as-is” free-of-charge under the MIT-license or other open-source licenses, asapplicable. Information about Official Integrations and Add-ons is available on the Highsoft Website.
Optional Dependencies shall mean optional extensions and features to the Software products which are
made available and supported by Highsoft as an additional free-of-charge service not to be deemed part of
the Licensed Software and which depend in whole or partly on external libraries. Such Optional
Dependencies may include open-source software and are made available “as-is” free-of-charge under the
MIT-license or other open-source licenses. Information about Optional Dependencies is available on theHighsoft Website;
Party shall mean a party to this Agreement;
Release shall mean, with respect to any Licensed Software, any release of minor or substantial updates,
news and improvements to Licensed Software, which may include bug fixes, redesign, and refactoring of theAPI. Such improvements may typically include modifications to the Software which increase the efficiency,ease of use and/or add additional capabilities or functionality.
SaaS Application shall mean a software solution or application offered by Licensee as a service (i.e. not a
product) into which Licensed Software may be incorporated fully or in part under a purchased SaaS or
SaaS+ license pursuant to sections 4.2 or 4.3, and which is made available by Licensee to any number ofThird Parties from a server outside such Third Parties’ premises which is owned or controlled by Licensee,
and which can be distributed as a web application, desktop application or mobile application, and which may
come in various versions for different platforms (such as e.g. iOS and Android versions of a mobile
application), provided that such software product, solution or application has been approved by Highsoft asa SaaS Application by express identification as such in the License Statement;
4 / 21Highsoft Standard License Agreement 16.0

SaaS License shall mean the license type offered by Highsoft granting Licensee the right to use theLicensed Software in one (1) SaaS Application or one (1) Web Application, as further described in section
4.2;
SaaS+ License shall mean the license type offered by Highsoft granting Licensee the right to use theLicensed Software in up to five (5) SaaS Applications and/or Web Applications (total number of applications
not to exceed five), as further described in section 4.3;
Software shall mean any and all proprietary software products owned by Highsoft which may be licensed
under this Agreement, including without limitation Highcharts Core, Highcharts Stock, Highcharts Maps,
Highcharts Gantt and Highcharts Dashboards. For the purpose of this Agreement, Software shall not include
Official Integrations, and Add-ons or Optional Dependencies;
Term shall mean the term of this Agreement as defined in section 13;
Third Party shall mean any other entity than the Parties, including but not limited to Licensee’s customers;
Web Application shall mean a software solution or application running on web server(s) owned, controlled
or hosted by Licensee into which Licensed Software may be incorporated fully or in part under a purchased
SaaS or SaaS+ license pursuant to sections 4.2 or 4.3,, which is made available by Licensee to a Third
Party, and which can be distributed as a web application, desktop application or mobile application, andwhich may come in various versions for different platforms (such as e.g. iOS and Android versions of amobile application);
2.

Ownership and CopyrightAll Software is the property of Highsoft and is protected by copyright law as well as other statutory andnon-statutory intellectual property law. Highsoft product names and trade names are owned by Highsoft andprotected under trademark law, both as registered trademarks and through use.
All title and copyrights in and to Software, trademarks and accompanying materials and rights are and shallremain owned fully and solely by Highsoft, and nothing herein shall involve or imply any transfer of suchownership or rights.
Through this Agreement, Software is licensed, not sold.
Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting thegenerality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in
this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire
any right, title or interest to Software except as set forth herein; (b) any configuration or deployment ofSoftware shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Nothing in thisAgreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, orotherwise exploit Software, or to permit Third Parties to do so.

5 / 21Highsoft Standard License Agreement 16.0

Highsoft acknowledges and agrees that (i) Licensee retains all rights, title and interest in and to any
Licensee Product and to any Licensee-owned SaaS Application or Web Application, and Highsoft does notacquire any right, title, or interest in or to such product or application; and (ii) any integration of Licensed
Software with Licensee Product or Licensee owned SaaS Application or Web Application shall not affect ordiminish Licensee’s rights, title, and interest in and to such product or application.
3.

Grant of License and Limitations
3.1 Scope of License

Subject to the terms and conditions of this Agreement and upon Licensee's full payment of the applicable
fees, Highsoft grants Licensee the right to use the Licensed Software strictly within the scope of the granted
License type, and to receive services and Releases included in Highcharts Advantage as described below.
The License, which shall be registered in Licensee's name, shall commence on Delivery Date and be
effective until terminated in accordance with the terms and conditions set forth in this Agreement.
When entering into this Agreement, Licensee must choose and state:i.

the Software products to be included in the license;ii.

one or more of the License types described in section 4, and;iii.

the number of authorized Developers to be included in the License, and;iv.

which Web Application(s) and/or SaaS Application(s) the Licensed Software will be used in, if
purchasing a SaaS License or SaaS+ License as further described in sections 4.2-4.3;

v.

which Licensee Product(s) the Licensed Software will be used in, if purchasing an OEM License as further
described in section 4.4;vi.

the number of Customer Installations, with or without developer rights, to be included in the
License, if purchasing OEM License(s) as further described in section 4.4;vii.

Any Affiliates to be included in the License.

The information listed in i.-vii. shall be stated in the License Statement.
All Optional Dependencies and Official Integrations and Add-ons are made available by Highsoft as anadditional free-of-charge service, irrespective of the chosen Software product and License type, and shallnot be deemed part of the Licensed Software.
Each License type grants Licensee a specific set of usage rights to Licensed Software, as described
respectively in section 4.1 to 4.4 below. The offered license types described in sections 4.1 (Internal
License), 4.2 (SaaS License) and 4.3 (SaaS+ License) are complementary in the sense that SaaS License
and SaaS+ License each includes a gradual broadening of scope and extension of usage rights, comparedtothe Internal License, i.e. the SaaS License consumes and includes more extensive rights than theInternal License, so does the SaaS+ License with respect to the SaaS License. For the avoidance of doubt,
an OEM License does not include any of the rights covered by an Internal License, a SaaS License or a
SaaS+ License, unless such rights are added by Licensee’s optional choice pursuant to section 4.4.3 below(customization of an OEM License) and confirmed in the License Statement.

6 / 21Highsoft Standard License Agreement 16.0

Depending on the purchased License type(s), sections 4.1, 4.2, 4.3 and/or 4.4 below shall apply. Section 3
and 5 shall apply to all License types and hence regardless of the chosen License type. The License type(s)chosen by Licensee shall be stated in Appendix A and in the License Statement.
Upon request, Highsoft may provide advice on which License type will be suitable for Licensee as this will
mainly depend on Licensee’s use case. In such case, Highsoft will use its best effort to suggest a suitable
License type based on the information provided by Licensee. Licensee shall bear the risk for the correctness
and completeness of the information provided, and Highsoft provides no guarantees, express or implied, as
to the suitability of the chosen License type(s) and hereby disclaims any and all liability related to the choicemade by Licensee.

3.2 General Limitations
3.2.1

Number of Developers

Each License granted by Highsoft under this Agreement comes with a defined (limited) number of authorized
Developers. Licensee acknowledges, accepts, and undertakes to ensure that the actual number ofDevelopers at any given time, whether an employee or subcontractor of Licensee, shall not exceed the total
number of Developers stated in License Statement. Any breach of this restriction shall be considered amaterial breach of the Agreement.
3.2.2

Usage by Affiliates

The License is granted to Licensee only and does not extend to Licensee’s Affiliates at the commencementof this Agreement, unless otherwise agreed between the Parties by way of express identification of suchextended right in the License Statement, and subject to Licensee’s payment of the additional Affiliate Fee.
Licensee may at any time and subject to an additional Affiliate Fee purchase a right for its Affiliates to use
the Licensed Software within the scope of the purchased License(s) and the number of Developers andCustomer Installations defined therein (if applicable). Any such subsequent extension of the License to also
cover Licensee’s Affiliates must, in order to be valid, be agreed in writing between the Parties. If Licensee
wishes to purchase such an Affiliate extension, Licensee shall send to Highsoft a written notice, containing(a) the number of Affiliates, and (b) the following information for each of the Affiliates that Licensee wishes toinclude in the purchased License(s):i.

Company nameii.

Company registration no.

iii. Nationality
iv. Addressv.

Contact information

vi. Contact person
Highsoft will thereafter update the License Statement, which will state the applicable Affiliates included in the
License. An extension of the License to include Affiliates shall for the avoidance of doubt not expand theusage rights granted through this Agreement or expand the scope of the granted License unless such

7 / 21Highsoft Standard License Agreement 16.0

expansions of the License are concurrently requested and agreed between the Parties pursuant to section
17.8.

3.2.3

Access to new Releases

Subject to restrictions and limitations applicable to the purchased License type, a purchase of a License
grants Licensee the right to use the applicable Release of the Licensed Software at the time of purchase,and any subsequent Releases released during Licensee’s enrollment in the Highcharts Advantage plan. In
order to gain access to new Releases, Licensee must remain enrolled in the Highcharts Advantage plan as
defined in section 5 below. Upon purchase of a License, Licensee will be automatically enrolled in the
Highcharts Advantage plan, commencing on Delivery Date, and the first twelve (12) months of Licensee’s
enrollment in the Highcharts Advantage plan shall be included in the License Fee at no additional cost.
Licensee undertakes not to make use of any Software in other or newer versions than the Release(s) of theLicensed Software which Licensee has obtained the right to use pursuant to the granted License and asubsequent valid enrollment in the Highcharts Advantage plan pursuant to section 5 below. Any breach ofthis restriction shall be considered a material breach of the Agreement.
A License granted under this Agreement is perpetual and not subject to renewal. The perpetual nature of theLicense is strictly limited to Release(s) of the Licensed Software to which Licensee has lawfully gained
access and usage rights during a valid enrollment in the Highcharts Advantage plan. Notwithstanding its(otherwise) perpetual nature, such License shall nevertheless expire if the Agreement is lawfully terminatedby Highsoft due to Licensee’s material breach, in accordance with section 13.3.
3.2.4

Access to Source CodeLicensee may download Licensed Software source code from the Highsoft Website, and may make own
edits, and keep its own repositories with the modified source code.
Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or
restrictions on or in Software found in the license-header of the code files.
3.2.5

No usage of Software in competing products

Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantiallysimilar to that of Software, during the term of this Agreement, and for a period of three (3) years after its
termination, however occasioned. Nothing in this Agreement shall, however, be construed to preclude
Licensee from using, marketing, licensing and/or selling software which is developed by Licensee on a fully
independent basis, even if such software has the same or similar functionality as Software, provided always
that the independent development can be clearly documented and that such activities do not infringe or
jeopardize Highsoft’s intellectual property rights or are in breach of other related statutory or non-statutoryrules of law.

8 / 21Highsoft Standard License Agreement 16.0

3.3 Identification of SaaS Applications, Web Applications and Licensee
Products
Licensed Software may only be incorporated into such SaaS Applications, Web Applications or Licensee
Products as expressly identified and approved by Highsoft in the License Statement, and the names of suchapplications or products (as applicable) shall be provided by Licensee upon entering into this Agreement, in
accordance with section 3.1. The Parties may agree in writing that the names of the SaaS Applications, Web
Applications or Licensee Products (as applicable) shall be provided by Licensee to Highsoft after the
Delivery Date, i.e. if the applications or products are still unnamed at the time of entering into thisAgreement. In such case, the number of SaaS Applications, Web Applications or Licensee Products (asapplicable) shall be listed in Appendix A and the License Statement, and the names of the SaaS
Applications, Web Applications or Licensee Products (as applicable) shall be provided by Licensee toHighsoft after the Delivery Date, upon which the License Statement will be updated. Licensee is not
authorized to use Licensed Software in any SaaS Applications, Web Applications or Licensee Products not
identified in the License Statement, i.e. after notice has been provided to Highsoft in accordance with thisparagraph.
Licensee may also choose to purchase a SaaS License, SaaS+ License or OEM License for use in future
SaaS Applications, Web Applications or Licensee Products. Upon purchase of such License, Licensee shallinform Highsoft of the number of SaaS Applications, Web Applications and/or Licensee Products (asapplicable) to be included in the License, so that Highsoft can list those as unnamed applications and/or
Licensee Products in the License Statement.
In the event that the Licensee wishes to make use of such purchased License Licensee shall notify Highsoftof the name(s) of the application(s) and/or product(s) as well as any requested changes (if applicable) in thescope of the purchased License. Only after Licensee’s receipt of such update of the License Statement, by
inclusion of the names of applicable application(s) and/or product(s), may the Licensee incorporate theLicensed Software into the specified application(s) or product(s).
While the non-reusable nature of SaaS, SaaS+ and OEM Licenses precludes Licensee from replacing a
SaaS Application, Web Application or Licensee Product with another application or product under the same
License (product replacement), it shall not preclude Licensee from changing the name of a SaaS
Application, Web Application or Licensee Product covered by a License (name-change), and to request that
the License Statement be adjusted accordingly.

3.4 Special terms for Highcharts Dashboards
For Licensed Software granted under a License that includes Highcharts Dashboards the following
additional terms and conditions shall apply:
A License to use Highcharts Dashboards enables Licensee to:i.

use the standard components included in the library provided by Highsoft through Highcharts
Dashboards; and9 / 21Highsoft Standard License Agreement 16.0

ii.

make custom components or add Third Party components to dashboards created using Highcharts
Dashboards.

For the avoidance of doubt, any warranties and indemnifications provided by Highsoft in section 8 and 10 ofthis Agreement shall solely apply to the Highcharts Dashboards library as such and the standard
components provided therein by Highsoft. Licensee shall indemnify and hold Highsoft harmless from andagainst any and all losses, claims and damages related to customized components or Third Party
components developed or used by Licensee in relation to Highcharts Dashboards.
Highcharts Dashboards allows Developers to facilitate the modification of dashboards by other users,
including Licensee employees, contractors, or Licensee’s customers and end users, through “Edit Mode”.
The utilization of “Edit Mode” by these users to modify dashboards does not automatically classify them as
Developers under the Agreement, nor does it contribute to the total count of allowed Developers under the
License. However, these users must be restricted from working with or accessing the API or source code of
the Licensed Software.
The restrictions of usage rights under an Internal License allowing only the generation of static content, cf.
section 4.1 below, shall not prevent Licensee from allowing its users to access and use the “Editor Mode” tomodify, add, remove, move, or resize components in dashboards created by Licensee provided that theparameters of interaction with and modification of such components remain the same for all such internal
users, and that they are prevented from working with or accessing the API or source code of the Licensed
Software.
4.

License types and usage rights included
4.1 Internal License

Through an Internal License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases),non-sublicensable, worldwide right to install, reproduce, use and further develop Licensed Software as such:i.

on any number of public or private websites (including subdomains and intranet sites) for generation of
static content, andii.

on any Internal Applications

An Internal License authorizes Licensee to use the Licensed Software for internal purposes only andextends to Licensee’s employees and contractors, but not to its clients, customers or other Third Parties.
The Internal License does not include any right for Licensee to use the Licensed Software in a SaaS
Application, Web Application or a Licensee Product, nor does it authorize Licensee to perform Customer
Installations.
The restriction of usage rights granted under an Internal License for allowing the generation of “static
content” only, means that the data set(s) in the content provided by Licensee on websites must be the same(identical) for all users, and that such websites shall not generate individually tailored content adapted to any
user’s personal or individual data. For the avoidance of doubt, this shall not prevent the use of Licensed

10 / 21Highsoft Standard License Agreement 16.0

Software under an Internal License to create interactive content, provided that the parameters for theinteraction with the content remain the same for all users.

4.2 SaaS License
Through a SaaS License, Highsoft grants Licensee such rights that are covered by an Internal License withthe addition of a non-exclusive, perpetual (for applicable Releases), non-reusable, worldwide right to install,
reproduce, use and further develop Licensed Software as an integral part of either:i.

one (1) SaaS Application, or;ii.

one (1) Web Application,

Licensed Software may only be incorporated into a SaaS Application or a Web Application explicitly
identified and approved by Highsoft in the License Statement. Licensee is permitted to modify and enhancethe designated SaaS Application or Web Application. However, due to the non-reusable nature of the SaaS
License, Licensee is prohibited from substituting the existing SaaS Application or Web Application with adifferent one under the same License. In such instances, a new License must be acquired.
A SaaS License does not authorize Licensee to perform Customer Installations, and any such Customer
Installations distributed by a Licensee holding only a SaaS License shall therefore be deemed invalid andshall be considered a material breach of this Agreement.
Except for the authorized use of the Licensed Software in either one (1) SaaS Application or one (1) Web
Application as specified in the License Statement, Licensees only holding a SaaS License is under nocircumstances authorized to transfer, rent, lease, lend, sell, copy, redistribute, or sublicense any Licensed
Software, in itself or together with other software, or in any other way make Software available to any Third
Party. Any attempt to do so shall be considered a material breach of this Agreement.

4.3 SaaS+ License
Through a SaaS+ License, Highsoft grants Licensee such rights that are covered by an Internal License withthe addition of a non-exclusive, perpetual (for applicable Releases), non-reusable, worldwide right to install,
reproduce, use and further develop Licensed Software in either:i.

Up to five (5) independent SaaS Applications; orii.

Up to five (5) independent Web Applications; oriii. Up to five (5) independent SaaS Applications and Web Applications as long as the total number ofapplications does not exceed five (5).
A SaaS+ License does not authorize Licensee to perform Customer Installations, and any distribution by
Licensee of a SaaS Application or Web Application with Licensed Software embedded to a server owned or
operated by a Licensee customer shall therefore be deemed unauthorized and shall be considered amaterial breach of this Agreement.
Except for the authorized use of the Licensed Software in accordance with letter a., b. or c. in this section
4.3 and as specified in the License Statement, Licensees solely holding a SaaS+ License are under no

11 / 21Highsoft Standard License Agreement 16.0

circumstances authorized to transfer, rent, lease, lend, sell, copy, redistribute, or sublicense any Licensed
Software, in itself or together with other software, or in any other way make Licensed Software available to
any Third Party. Any attempt to do so shall be considered a material breach of this Agreement.

4.4 OEM License
4.4.1

Grants under the OEM License

Through an OEM License, Highsoft grants Licensee a non-exclusive, perpetual (for applicable Releases),non-reusable, worldwide right to install, reproduce, use, sublicense and further develop Licensed Software
as an integral part of a Licensee Product, provided that such Licensee Product be supplied to Third Party
through a Customer Installation, with or without the right for the Licensee’s customer to work with the API
and/or source code of the Licensed Software (“Developer Rights”), dependent on Licensee’s choice as
specified in License Statement.
The authorization to sublicense Licensed Software only applies when and as long as such Licensed
Software lawfully is incorporated with Licensee Product supplied to Third Party in accordance with thisAgreement.
4.4.2

Limitations to the OEM License

Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Licensee Products
and Customer Installations, with or without Developer Rights, shall not at any time exceed the total numberof Licensee Products and Customer Installations selected by Licensee upon purchase of the License andconfirmed in the License Statement.
Licensed Software may only be incorporated into such Licensee Products as expressly identified andapproved by Highsoft in the License Statement.
Licensee shall be prohibited from reselling any Licensee Product or otherwise from granting its customers
permission to use the Licensed Software, in any manner that contradicts the terms and restrictions of thisAgreement or the License(s) granted hereunder.
4.4.3

Optional addition(s) of Websites, Internal Applications, SaaS Application(s) and/or
Web Application(s) to the OEM License

Licensee may, subject to an additional fee, choose to customize the OEM License by adding the usage
rights as provided under an Internal License, a SaaS License or a SaaS+ License. By doing so, dependingon the chosen additions to the OEM License, Licensee will be authorized pursuant to the chosen additional
License type to use the Licensed Software as such on any websites (public or private) and Internal
Applications, and to incorporate Licensed Software into the number of SaaS Application and/or Web
Application as specified by Licensee and approved by Highsoft in the License Statement.
5.

Highcharts Advantage
5.1 Enrollment and Auto-Renewal

12 / 21Highsoft Standard License Agreement 16.0

By purchasing a License under this Agreement, Licensee is automatically enrolled in Highsoft’s Highcharts
Advantage plan. The Highcharts Advantage plan operates in twelve (12) months intervals commencing on
Delivery Date (each twelve-month period constituting an “Advantage Period”). The Highcharts Advantage
plan is by default based on a continuous subscription to Highcharts Advantage, which is automaticallyrenewed at the end of each Advantage Period (“Auto-Renewal”), unless cancelled in accordance withsection 5.4 below. Licensee’s continued enrollment in Highcharts Advantage plan is subject to the paymentof the applicable Highcharts Advantage Fee in accordance with section 6 below.
Each Auto-Renewal of Licensee’s enrollment in the Highcharts Advantage plan is made for the complete
License and includes the same number of Developers and/or Customer Installations (as applicable) as set
out in the License Statement and subsequent upgrades according to the below (if applicable). Licensee mayprior to the end of each Advantage Period request upgrades to the License by notice to Highsoft inaccordance with sections 17.8 and 17.9, and may hereunder request an increase of the number ofDevelopers and/or Customer Installations, and/or additions of new SaaS Applications, Web Applications
and/or Licensee Products (as applicable), to be included and confirmed in the License upon Auto-Renewal,

5.2 Optional Fixed Advantage Period
Instead of the subscription-based Auto-Renewal of Highcharts Advantage described above in section 5.1,
Licensee may, at the time of purchase of the License, choose to enroll in the Highcharts Advantage plan for
fixed periods of up to five (5) years at a time (“Fixed Advantage Period”). If Licensee so chooses, theduration of Licensee’s Fixed Advantage Period shall be stated in the License Statement. At the end of the
Fixed Advantage Period, Licensee’s enrollment will expire without further notice (no Auto Renewal), unless
Licensee prior to the end of the Fixed Advantage Period renews its enrollment in the Highcharts Advantage
plan with one or more Advantage Periods (“Extension”).
As set forth in section 17.8, the details regarding Licensee’s enrollment in the Highcharts Advantage plan will
be listed in the License Statement. Unless otherwise stated at the time of purchase, Licensee’s enrollment in
the Highcharts Advantage plan will by default be subject to Auto-Renewal as set forth in section 5.1.

5.3 Entitlements and limitations
Under a valid and effective enrollment in the Highcharts Advantage plan, Licensee shall be entitled toreceive:i.

All new Releases of the Licensed Software released during the applicable period;ii.

Ten (10) hours of personalized technical support per Developer per twelve (12) month period basedon the number of Developers stated in the License Statement;iii.

Technical support by e-mail;iv.

Priority response, no later than 36 hours on Norwegian working days after the request was received;v.

Access to 2nd line support by core developers;vi.

Online text chat with 1st line support engineers;

13 / 21Highsoft Standard License Agreement 16.0

vii.

Investigation of any claimed bug/error/malfunction/nonfunctioning of Licensed Software, and whenpossible suggestions as to corrective or work-around solutions to the problems;viii.

Supply of emergency hot fixes to Licensed Software. This will be available as patches to the latest
stable source code, and, if applicable, be included in the subsequent Release;ix.

Any bug and error fixing or fix of malfunctioning of Licensed Software is to be delivered outside thepersonalized technical support hours.

Throughout each Advantage Period/Fixed Advantage Period, during which Licensee is validly enrolled in
Highcharts Advantage, Highsoft will offer support for all Releases of Licensed Software issued within thecorresponding Advantage Period or the last 12 months of a Fixed Advantage Period.
Highcharts Advantage does not cover issues arising in connection with implementation of Licensed Software
in/to Licensee Products or Licensee’s own applications.
Licensee may purchase the extended version of Advantage, Highcharts Advantage Plus, covering
guidance on the integration of Licensed Software with Third-Party systems and platforms and otheradditional services subject to a separate Advantage Plus Fee, all as detailed in the Highcharts Advantage
Plus Appendix (attached hereto if applicable).
Highcharts Advantage as set forth in this section, shall not extend to any Third Parties to which Licensee
distributes Licensee Products, SaaS Application(s) or Web Application(s) containing Licensed Software or
any parts of such. Support to any Licensee customers shall hence be Licensee’s own full and sole
responsibility. Highsoft may, at its sole discretion, at any time choose to discontinue the supply of new
Releases.

5.4 Opt Out
Unless enrolled in a Fixed Advantage Plan, Licensee may at any time cancel its enrollment in the Highcharts
Advantage plan by notice to Highsoft of such cancellation within sixty (60) days prior to the end of thecurrent Advantage Period, upon which Licensee’s enrollment in Highcharts Advantage shall expire after theend of that Advantage Period (“Opt Out”). If the notice of Opt Out is provided later than sixty (60) days prior
to the end of the current Advantage Period, Licensee’s enrollment in Highcharts Advantage shall expire at
the end of the following Advantage Period. Following the Opt Out, Licensee will retain a perpetual License to
the Releases of the Licensed Software to which Licensee has lawfully gained access and usage rights
during its enrollment in the Highcharts Advantage plan but will not be entitled to access to or use of new
Releases released subsequent to Opt Out, or to the support services as set out in section 5.3 above.

5.5 Amendments
Licensee acknowledges and accepts that Highsoft may make changes to its business, its license- or supportmodel or to the terms and conditions under which Highsoft is willing to offer its Software, and that to enable
Highsoft to continue its offering of Auto-Renewal or Extensions of Highcharts Advantage, Highsoft may
impose amendments to this Agreement reflecting such changes. Highsoft wil notify Licensee of such
imposed amendments to the Agreement within ninety (90) days of the end of an Advantage Period, upon

14 / 21Highsoft Standard License Agreement 16.0

which the Agreement, as amended, shall come into effect upon the start of the upcoming Advantage Period,
unless otherwise agreed or Licensee chooses to Opt Out. If Licensee is enrolled in Highcharts Advantage
through a Fixed Advantage Period, Licensee acknowledges and accepts that changes made to Highsoft’s
business, license or support model during the Fixed Advantage Period may require amendments of theAgreement in order to reflect the updated or adjusted offering appropriately.
6.

License Fee and Highcharts Advantage Fee

Licensee shall upon purchase pay the agreed License Fee covering the purchase of Licensed Software andthe included initial Advantage Period, or Fixed Advantage Period (if applicable), as detailed in the LicenseStatement. Upon each Auto-Renewal of Licensee’s enrollment in the Highcharts Advantage plan, Licensee
shall pay the Highcharts Advantage Fee applicable at the time of the Auto-Renewal. If Licensee has electeda Fixed Advantage Period at the time of purchase, and wishes to purchase an Extension, Licensee shall pay
the applicable Highcharts Advantage Fee at the purchase time of such Extension.
Unless full payment of all applicable fees is made by Licensee by credit or Pay Pal card during online
purchase, Highsoft shall invoice Licensee and Licensee shall pay all invoices timely, which shall be no later
than thirty (30) days from invoice date. In case of payment delay, Highsoft may claim late payment interest at
the rate stipulated in applicable law. Payment by cheque is not accepted. In the event of non-payment of any
renewal fees due to reasons such as an expired credit card or other payment issues, Highsoft may invoice
Licensee directly for the fees due, and Licensee shall promptly settle such invoice using an alternative
payment method, e.g., (but not limited to) by wire transfer.
Licensee shall be responsible for ensuring that its usage of the Licensed Software is in accordance with thescope of the License granted, as detailed in the License Statement. Licensee hereby accepts and agrees
that to the extent Licensee’s usage of the Software at any time exceeds the agreed scope of the License,
Highsoft may, following notice to Licensee, invoice Licensee for such exceeding use and based on theapplicable fees at the time of use, regardless of whether such use may also constitute a breach of thisAgreement giving cause for other remedies, such as Termination of the License or this Agreement.
Each Party shall be fully and solely responsible for payment of any bank charges and/or local taxes imposedby the law of that Party's home country related to the purchase of Licensed Software or Highcharts
Advantage, and each Party shall indemnify, defend and hold harmless the other Party from any taxes,
claims, costs or other liabilities related to the indemnifying Party’s taxes. Invoices from Highsoft will notinclude taxes, except VAT in the case of Norwegian customers. Licensee may not withhold any part of theinvoiced amount as payment of taxes.
All Licenses and accompanying rights granted under this Agreement as well as Highcharts Advantage are
granted to Licensee on the condition that all the due fees are paid to Highsoft in full and on time.
7.

DeliveryDuring the term of this Agreement, Licensed Software shall be made available by Highsoft, and Licensee
shall be authorized to download such Licensed Software from the Highsoft Website. As set forth in sections
15 / 21Highsoft Standard License Agreement 16.0

3.2.3 and 5 above, new Releases of Licensed Software shall only be available to Licensee as long as
Licensee is validly enrolled in the Highcharts Advantage plan.
8.

Marketing and descriptions of Licensed Software

Licensee may use Licensee’s own descriptions of the functionality provided by Licensed Software for the
purposes of marketing Licensee’s own products, solutions or applications, including Licensee Products, if
applicable, insofar as the descriptions are not misleading.
Licensee shall not do anything that might misrepresent the ownership of Software. Licensee undertakes not
to brand Software as Licensee’s own or declare or give the impression that Licensee owns the copyright inSoftware.
Each Party may use the other Party’s name and logos in its marketing, promotion and website, in
accordance with good business practice and as is reasonably necessary in order to describe and promote
the Software or Licensee’s Product(s), SaaS Application(s) or Web Application(s), as applicable, including
naming Licensee as a reference and showcasing Licensee’s publicly available charts which includes
Licensed Software for the purposes of promoting or demonstrating the Software.
Licensee agrees that it will conduct its business in a manner that will not injure or jeopardize Highsoft’s
reputation.
9.

Warranties and Representations
9.1 Scope

Highsoft's warranties and representations in this section 9 are limited to Licensed Software provided to
Licensee under this Agreement. The warranties and representations provided herein does not cover andshall under no circumstances be deemed to cover any Official Integrations and Add-ons or Optional
Dependencies.

9.2 Highsoft's Warranties and Representations
Highsoft warrants and represents that:i.

Licensed Software will perform substantially in accordance with Highsoft’s written specifications,provided that it has been used in accordance with all documentation and specifications made available
on Highsoft's Website, (a) for the duration of the Advantage Period in which the applicable Release has
been issued by Highsoft, or (b) until replaced by a newer Release,ii.

Highsoft will perform its obligations under this Agreement in accordance with all applicable laws andregulations,iii. Highsoft has the full and unconditional ownership of Licensed Software,
iv. This Agreement does not infringe the intellectual property rights of any Third Party,v.

The Licensed Software does not include any Third-Party software,

16 / 21Highsoft Standard License Agreement 16.0

vi. Licensee may make full use of any License lawfully granted to it by Highsoft under this Agreement in fullknowledge of the above,vii. Highsoft has the requisite knowledge, personnel, resources and know-how to fully perform and deliver
Licensed Software and associated services as stipulated by this Agreement in a professional manner,viii. Highsoft has not intentionally placed and will use its best efforts to avoid the placement of any Harmful
Codes into Licensed Software provided under this Agreement. For the purpose of this section “Harmful
Codes” shall be defined as any program that infects, damages and/or impairs another program or data,
disables hardware or software, or permits or assists in the breach of data.

9.3 Licensee's Remedies
In the event of breach, or alleged breach of any of the warranties in section 9.2, Licensee shall promptly
notify Highsoft and upon notice from Highsoft delete any alleged infringing Software. Licensee’s sole remedy
in such an event shall be that Highsoft shall re-supply or correct the Licensed Software so that it operates
according to the warranties set out in section 9.2. The warranties shall not apply if Licensee has modified, orused Licensed Software improperly, or on an operating environment not approved by Highsoft. Improper use
and unapproved operating environments shall be as set forth in the documentation made available toLicensee on the Highsoft Website on or prior to Delivery Date.
10. Limitation of Liability
All Software and support services supplied by Highsoft are provided ‘as is’ and may have errors andomissions. Thus, remedies are only available to Licensee in the event of any breach of the warranties set
out in section 9.2, and Highsoft is unable to re-supply and correct the Licensed Software in accordance withsection 9.3.
UNDER NO CIRCUMSTANCES, AND EVEN IF INFORMED THEREOF BY LICENSEE OR ANY OTHERPARTY, SHALL HIGHSOFT BE LIABLE FOR (i) LOSS OF, OR DAMAGE TO, DATA; (ii) SPECIAL,INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES; OR (iii) LOST PROFITS, BUSINESS,REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
Incorporation of Licensed Software into a SaaS Application, Web Application or Licensee Product shall notin any manner expand Highsoft’s liabilities under the Agreement. Thus, Highsoft shall not under any
circumstance be neither responsible nor liable for any aspects of such SaaS Application(s) or Web
Applications(s), including but not limited to any claims, losses or damages related to its reliability,
uptime/downtime, functioning or fitness for purpose. Any obligations, liabilities or warranties undertaken by
Licensee towards its customers with respect to such SaaS Application(s) or Web Application(s) shall apply
only between mentioned parties, and Licensee hereby undertakes to indemnify and hold Highsoft harmlessfrom and against any and all losses, clams and damages related to the reliability, uptime/downtime,functioning or fitness for purpose of such SaaS Application(s) or Web Applications(s).

17 / 21Highsoft Standard License Agreement 16.0

In all events, Highsoft’s liability for damages to Licensee for any cause whatsoever related to thisAgreement, shall be limited to the sum of all fees paid or due by Licensee under this Agreement during thelast twelve (12) months before the breach occurred.

Intellectual Property Infringement

11.

Highsoft will defend, indemnify and hold Licensee harmless against any claim stating that Licensed Software
is violating any Third-Party copyright provided that:i.

Licensee promptly notifies Highsoft of the claim, such notice to be provided no later than ten (10)business days after receipt of said claim(s);ii.

A copy of the notice(s) of copyright infringement is promptly sent to Highsoft in accordance withsection 17.9;

iii.

Licensee in good faith cooperates with and assists Highsoft in the defense of the claim in question
and meets reasonable requests from Highsoft in that respect;iv.

Notwithstanding item iii. Above, Highsoft shall have sole control of the defense and any related
settlement negotiations in the case of legal proceedings; andv.

Licensee timely provides Highsoft with all necessary assistance, information and authority toperform the above.

If Licensed Software is held by a final court ruling to be infringing any Third Party copyright Highsoft will at its
option: (i) obtain the right for Licensee to continue to use such Software consistent with this Agreement; (ii)modify such Software so that it is non-infringing; or solely in the event that (i) and (ii) are not feasible (iii)
refund any and all invoiced amounts to Licensee and all of Highsoft’s obligations under this Agreement shallterminate upon written notice.
Notwithstanding the foregoing, Highsoft's indemnity obligations under this section 11 shall under any
circumstances be limited to the total amount invoiced to Licensee by Highsoft under this Agreement during
the last twelve (12) months prior to the day when Licensee provided notice to Highsoft of claim subject tothis section 11.
12.

Confidentiality

For the purpose of this section each Party shall be called Disclosing Party and Receiving Party respectively.
Each Party acknowledges that Confidential Information is proprietary, that it is valuable to Disclosing Party
and that any disclosure or unauthorized use thereof may cause irreparable harm and loss to Disclosing
Party.
Obligations of Receiving Party in regard to Confidential Information:i.

In consideration of the disclosure to Receiving Party of Confidential Information, Receiving Party
agrees to receive and to treat Confidential Information as confidential and restricted and toundertake the additional obligations set forth in ii to iv below with respect thereto,

18 / 21Highsoft Standard License Agreement 16.0

ii.

To use Confidential Information solely for the purpose of fulfilling this Agreement, or for the purposeof enhancing or improving the services provided under Highcharts Advantage or the generalcustomer experience when doing business with Highsoft and/or Highsoft’s trusted partners, unlessotherwise expressly agreed to in writing by Parties,iii.

Not to duplicate any Confidential Information or any parts thereof,iv.

Not to disclose any Confidential Information to Third Parties except on a need-to-know basis, andprovided that each receiving entity or person has been priorly notified of and required to declare its
abidance to the relevant terms and conditions of this Agreement,

Notwithstanding item iv above, information stated in the License Statement provided by Highsoft to Licensee
may be shared with Highsoft’s officers, employees, Affiliates and trusted partners, provided that Highsoft
holds an agreement with such entity or person committing them to same level of confidentiality as theParties have agreed to in this Agreement.
Upon Expiration or Termination of this Agreement, however occasioned, each Party shall remove, delete orotherwise destroy any of other Party‘s material that it has received, copied or otherwise obtained, including
but not limited to Confidential Information, except for information required to support any license, sublicense
or maintenance obligations already granted or undertaken by Licensee towards any Third Party, or
information required for tax purposes or otherwise required by mandatory law. A written confirmation thatsuch deletion has been completed shall upon request be sent to the other Party without undue delay. For the
avoidance of doubt, this obligation to remove, delete or otherwise destroy materials shall not include theReleases of the Licensed Software to which Licensee has gained perpetual rights to in accordance with thisAgreement, unless the Agreement is terminated by Highsoft for material breach by Licensee.
13. Term and Termination

13.1

Term

This Agreement shall come into effect on the Delivery Date and shall stay in force for as long as Licensee isenrolled in the Highcharts Advantage plan. Upon an Opt Out by Licensee or the end of a Fixed Advantage
Period, the Agreement shall terminate automatically and without notice at the end of the applicable
Advantage Period (“Expiration”).

13.2

Effects of Expiration

On Expiration of this Agreement, the following shall apply:i.

Licensee may continue to utilize the Releases of the Licensed Software to which Licensee has gained
perpetual rights, i.e. the Releases of the Licensed Software under a granted License which have beenreleased during Licensee’s valid enrollment in Highcharts Advantage, in accordance with sections 3.2.3
and 5 (including subsections, as applicable) and the scope of the perpetual License as detailed in the
License Statement;ii.

Licensee shall not be entitled to use, and shall immediately cease all use and distribution of, any
Releases of the Licensed Software to which Licensee has not gained perpetual rights;

19 / 21Highsoft Standard License Agreement 16.0

iii. Sections 2, 10, 12 and 15 of this Agreement shall survive.

13.3

Termination

Either Party may terminate this Agreement in the event of a material breach of the Agreement by the otherParty provided that such material breach has not been cured within thirty (30) days after the breaching
Party’s receipt of written notice of the breach from the non-breaching Party.
Upon Highsoft’s termination for material breach by Licensee:i.

Licensee shall immediately cease all use and distribution of Licensed Software.

ii.

Sections 2, 10, 12 and 15 of this Agreement shall survive.

Upon Licensee’s termination for material breach by Highsoft, section 13.2 shall apply.
14. Non-assignment
Licensee may not assign or transfer all, or any part of its rights or obligations under this Agreement without
Highsoft’s prior written consent. Notwithstanding the foregoing, either Party may assign this Agreement in its
entirety to its Affiliate(s), or in connection with a merger, acquisition, corporate reorganization, or sale of allor substantially all of its assets. In such case, the assigning Party shall notify the other Party in writing
without undue delay, and unless otherwise agreed upon in writing, this Agreement shall bind, and inure to
the benefit of the Parties, their respective successors, and permitted assignees.
15.

Applicable Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of Norway.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination, or
invalidity thereof, should first be addressed amicably through negotiations. If the Parties do not reach anamicable solution, either Party may bring any dispute, controversy or claim to be finally settled by the regularcourts of Norway. Both Parties hereby agree to and accept Sogn and Fjordane District Court (Sogn og
Fjordane tingrett) as exclusive legal venue, in the first instance.
16. Processing of Personal Data
To the extent any purchase under the Agreement involves processing by Highsoft of personal data about the
Licensee or Licensee’s customers or personnel, Highsoft shall be acting as a data controller. By law,Highsoft is required to provide the data subject with information about Highsoft and why and how Highsoft
uses personal data, and about the data subject’s rights in regard to such data. These matters are duly
treated in Highsoft´s privacy policy, available at Highsoft Website.
The Licensee hereby undertakes to provide any persons or personnel which is or might be affected by thecollecting of personal data under this Agreement with due information about Highsoft’s privacy policy.
17. Miscellaneous

17.1
20 / 21

Relationship between Parties
Highsoft Standard License Agreement 16.0

The Parties are independent contractors, and this Agreement shall not constitute or be construed as
constituting either Party as partner, joint venture, agency or fiduciary of the other, as creating any other formof legal association that would impose liability on one Party for the act, or failure to act, of the other Party, oras providing either Party with the right, power, or authority (express, or implied) to create any duty or
obligation of the other Party. Neither Party shall directly or indirectly represent to the public that it has theright or the authority to create or accept obligations on behalf of the other Party. Except as otherwise
expressly provided therein, each Party has the sole right and obligation to supervise, manage, contract,
direct, procure, perform or cause to be performed all work to be performed by it under this Agreement.

17.2

Audit

Once per year during the term of this Agreement and once for a period of five (5) years thereafter, Highsoft
shall have the right to review, audit and inspect Licensee’s use of the Licensed Software in order to verify
that Licensee complies with the grants and limitations set out in this Agreement. Such audit shall only be
conducted under non-disclosure obligations, upon reasonable notice, which shall be no shorter than ten (10)calendar days and shall take place during Licensee’s regular business hours with minimal disruption to
Licensee’s ongoing operations. If the audit shows no discrepancies and no unauthorized use of Highsoft’s
Software, Highsoft shall carry all of its costs associated with the audit.

17.3

Severability

In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining
provisions of this Agreement shall remain in full force.

17.4

Waiver

The waiver by either Highsoft, or Licensee of any default or breach of this Agreement shall not constitute a
waiver of any other or subsequent default or breach. Except for actions for non-payment or an infringementof Highsoft’s intellectual property rights in Licensed Software, no action, regardless of form, arising out of
this Agreement may be brought by Licensee more than one (1) year after the cause of action has occurred.

17.5

Entire Agreement

This Agreement is the entire agreement between Highsoft and Licensee relating to this relationship andsupersedes all prior or contemporaneous oral or written communications, proposals and representations
relating to that relationship.

17.6

Battle of Forms

Licensee’s purchase of License shall be governed solely by the terms and conditions of this Agreement. Any
terms or conditions introduced by Licensee either directly, indirectly by way of reference or otherwise are
hereby explicitly rejected and shall not apply.

21 / 21Highsoft Standard License Agreement 16.0

The Parties agree that any additional or differing terms or conditions in any other document or arrangement
not forming part of this Agreement, including but not limited to any letter or terms of engagement or the like,purchase order, invoice, acknowledgment, delivery receipt, confirmation or other delivery or acceptance
document issued by or on behalf of either Party shall be void, and of no force or effect to the extent such arein breach of or contradiction with this Agreement.

17.7

Amendments

Except for changes made in accordance with section 5.5 above (affecting forthcoming Renewals or
Extensions of Highcharts Advantage), no amendment to, or modification of this Agreement or the scope of
the License hereunder shall be binding unless made in writing and signed by the Parties.

17.8

License Statement and Changes to the License

Highsoft shall confirm Licensee’s purchase of License by issuing a License Statement, which is an
automatically generated document provided as a link to Licensee, summarizing the agreed details of theLicense granted by Highsoft to Licensee.
The License Statement shall expressly state:i.

The License owner,ii.

Licensee’s point of contact (email address) to whom notices under this Agreement shall be sentiii. The chosen License type(s),iv. The Licensed Software included in the License,v.

The License identification number,

vi. Licensee’s enrollment in Highcharts Advantage, hereunder the applicable option (Auto-Renewal or
Fixed Advantage Period),vii. The number of authorized Developers,viii. The Licensee Product(s), into which Licensed Software may be incorporated pursuant to an OEM
License, if applicable,
ix. The number of Customer Installations (with or without Developer Rights) Licensee shall be authorized toperform under an OEM License, if applicable,x.

The SaaS Application(s) and/or Web Application(s), into which Licensed Software may be incorporated
pursuant to a SaaS License or a SaaS+ License, as applicable,

xi. The specific Licensee’s Affiliates to which the License shall be extended, or, that the License shallextend to an unlimited number of Affiliates, if applicable.
In the event Licensee wants to make any changes to the License, such as by adding additional software
products to Licensed Software, Extension of Highcharts Advantage, or renaming any Licensee Product(s),SaaS Application(s) or Web Applications, or if Licensee wants to expand the scope of the License forexample by adding new Licensee Products, SaaS Applications, Web Applications, Developer seats or
Customer Installations (with or without Developer Rights), Licensee shall notify Highsoft in writing. Suchchanges may require either a new License to be issued or changes to be made to the existing License,

22 / 21Highsoft Standard License Agreement 16.0

depending on the type(s) of changes requested by Licensee. If Licensee and Highsoft agrees in writing on
any changes to the License and the payable fees, the License Statement will be updated accordingly.
For the avoidance of doubt, all License Statements issued by Highsoft under this Agreement remains valid
and binding for Licensee, notwithstanding the absence of explicit mention of all details outlined in items i toxii above.

17.9

Notices

All notices to be given to Highsoft under this Agreement shall be sent either by email to sales@highsoft.com
or, if email is not possible, as a hardcopy to the following address: Highsoft AS, Sentrumsgata 44, 6893 Vik i
Sogn, Norway.
Information from Highsoft to Licensee shall be sent by email to the email address that Licensee has provided
upon purchase. It is the sole responsibility of Licensee to maintain an accurate e-mail address is in
Highsoft’s records at all times. Highsoft is not responsible for any lost communication.
All notices, demands or other communication given by a Party to the other shall be deemed to have been
duly given when made in writing and sent to the registered e-mail address or when a hardcopy is received
by the other Party at the stated address.

***

23 / 21Highsoft Standard License Agreement 16.0