Terms and Conditions for the Highcharts for Python Toolkit License
1. Acceptance of the Terms and Conditions
These terms and conditions (the “Wrapper T&Cs”) shall apply to Licensee’s license to and useof the Wrapper (as defined below), a complementary product to the Software owned anddelivered by Highsoft AS (“Highsoft”). The Wrapper is owned by HCP LLC (“HCP”) anddistributed by Highsoft AS or its partners, resellers or distributors, and these Wrapper T&Cs
shall apply to the Licensee’s usage of the Wrapper irrespective of which license type(s) to theSoftware the Licensee has subscribed to or purchased from Highsoft.
By installing or using the Wrapper or any part thereof, Licensee agrees to be bound by these
Wrapper T&Cs, unless Licensee is using the Software and the Wrapper for evaluation purposes
authorized by Highsoft, i.e. during a trial period.
Without prejudice to the limited right to download and test the Wrapper for evaluation prior to
the purchase of a Wrapper License, Licensee is not authorized to install or use the Wrapper
unless Licensee pays the applicable Wrapper Fee and fully agrees to all terms and conditions
set forth herein and to any terms set forth in related licensing agreements or terms fromHighsoft to which these Wrapper T&Cs constitute an addendum.
2. Relationship to the Main Agreement
A Wrapper License (as defined below) or renewal thereof can only be purchased by a Licensee
either already holding a License to the Software, or at the same time as purchasing such a
License, as an add-on product to such License, and only by a Licensee holding an active andvalid enrolment in the Highcharts Advantage plan. The purchase of, and right to use theLicensed Software shall remain governed by the terms and conditions of the License issued byHighsoft to Licensee, whether this is Highsoft Standard License Agreement, Highsoft Terms andConditions for Subscription to Annual License to Highsoft Software, or another licensing
agreement as agreed between Highsoft and Licensee, as applicable (such terms and conditions
between Highsoft and Licensee hereinafter collectively referred to as the “Main Agreement”).
A Wrapper License (as defined below) can additionally be obtained by holding an active andvalid Educational or Personal License to the Software. The right to use the Licensed Software
shall remain governed by the terms and conditions of the Authorized User issued by Highsoft to
Authorized User, as defined in the Educational and Personal License 1.0, (such terms andconditions between Highsoft and Authorized User hereinafter collectively referred to as the“Main Agreement”).
These Wrapper T&Cs constitute an addendum to the Main Agreement and an integral part
thereof and apply to the use of the Wrapper only.
In the case of any discrepancy between the Main Agreement and these Wrapper T&Cs related to
the licensing of the Wrapper, these Wrapper T&Cs shall prevail.
3. Definitions
Unless otherwise defined below or elsewhere in these Wrapper T&Cs, all capitalized terms used
but not otherwise defined herein shall have the same definitions as set out in the Main
Agreement.

•

Agreement shall mean the Main Agreement, these Wrapper T&Cs and the LicenseStatement;•

Delivery Date shall mean the date Licensee is invoiced by Highsoft for the Wrapper
License, which will correspond to the Delivery Date for the Software if purchased
together, or at a separate time, if purchased as an add-on to an existing License;•

HCP shall mean HCP LLC, the company behind the Wrapper, a US limited liability
corporation registered in the state of Delaware, with its registered office at 867 Boylston
Street, 5th Floor #1674, Boston, MA 02116, United States.Licensee shall mean the legal
entity to which the License (to the Licensed Software) and the Wrapper License has
been granted, as expressly stated in the License Statement;•

Licensors shall mean Highsoft and/or HCP collectively;•

Wrapper shall mean the proprietary software products distributed by Highsoft andowned by HCP, including Highcharts for Python – the main product included in all
licenses – in addition to Highcharts Stock for Python, Highcharts Maps for Python,
Highcharts Gantt for Python, and other optional additional products or libraries which
may be developed by HCP and offered within the Wrapper by Highsoft.

•

Wrapper Fee shall mean the fee payable by Licensee to Highsoft for the Wrapper
License and for the right to receive the support services provided by HCP under these
Wrapper T&Cs ;•Wrapper License shall mean the right to use the Wrapper in accordance with theAgreement and as set out herein, whether granted as a perpetual license or in the formof a time-limited subscription (subject to renewal), and as one or more of the license
types as defined in the Main Agreement;•

Wrapper Term shall have the meaning set out in section 7.

4. Ownership and Copyright
The Wrapper is the property of HCP and is protected by copyright law as well as other statutory
and non-statutory intellectual property law. All title and copyrights in and to the Wrapper are
and shall remain owned fully and solely by HCP.
Under the Agreement, the Wrapper is licensed to Licensee by Highsoft on behalf of HCP, not
sold.
The Licensors reserve all rights not expressly granted to Licensee under the Agreement. Without
limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as
specifically set forth herein, the Licensors retains all right, title and interest in and to the
Wrapper and the Software, and Licensee does not acquire any right, title or interest to the
Wrapper or the Software except as set forth herein; (b) any configuration or deployment of the
Wrapper or the Software shall not affect or diminish the Licensor’s rights, title or interest in andto the Wrapper or the Software. The Agreement shall not limit in any way the Licensor’s right todevelop, use, license, create derivative works of, or otherwise exploit the Wrapper or the
Software, or to permit Third Parties to do so.
The Licensors acknowledge and agree that (i) Licensee retains all rights, title and interest in andto any Licensee-owned software, and the Licensors do not acquire any right, title, or interest in

or to such application; and (ii) any integration of the Wrapper with a Licensee-owned application
shall not affect or diminish Licensee’s rights, title, and interest in and to such application.
5. Grant of License
Subject to Licensee’s full payment of the Wrapper Fee, Highsoft grants to Licensee a right to use
the Wrapper during the Wrapper Term (as defined in Section 7 below), on the same terms andconditions as set forth in the Main Agreement and the License Statement as modified by these
Wrapper T&Cs. The Main Agreement shall apply accordingly to the Wrapper License insofar as
the terms and conditions therein are applicable, whereas all references to the “Licensed
Software” in the Main Agreement shall for the purposes of these Wrapper T&Cs to the extent
applicable be deemed to include the Wrapper.
The License type(s) chosen by Licensee for the Licensed Software shall apply to the Wrapper
License, and depending on the purchased License type(s), as stated in the Licensed Statement,
the relevant section in the Main Agreement detailing the usage rights and limitations for the
License shall apply similarly to the Wrapper License.
The rights granted to Licensee under the Agreement, is strictly limited to the usage rights
granted under the chosen License type and with the scope as stated in the License Statement.
The number of authorized Developers included in the Wrapper License is the same as thenumber of authorized Developers included in the License, as set out in the License Statement.
The Wrapper may only be used in such Web Application(s), SaaS Application(s) and/or Licensee
Product(s) as expressly identified in the License Statement.
A Wrapper License shall include the components of the Wrapper which correspond to the
Licensed Software to which Licensee holds a valid License, i.e. a Wrapper License purchased
for Highcharts Stock shall include the Highcharts for Python software and all component
libraries needed to implement the Highcharts Stock for Python library, and a Wrapper Licensepurchased for Highcharts Maps shall include the Highcharts for Python software and allcomponent libraries needed to implement the Highcharts Maps for Python, etc.
5.1 General Grants and Limitations
The Wrapper License includes the support services provided by HCP set forth in Section 6
below. Irrespective of the chosen License type, the Wrapper License and any support services
for the Wrapper shall be subject to renewal, and contingent upon Licensee’s continued
enrollment in the Highcharts Advantage plan, as set out in section 7.
Licensee may obtain the Wrapper source code by downloading the source code from theHighsoft Website or from Github or equivalent source code repository made available by HCP,
by downloading and installing the source code from a public repository such as PyPi, and makeits own edits, and keep its own repositories with the modified source code; provided, however,any such modifications shall be at Licensee’s own risk and shall void any support obligation of
HCP hereunder.
Licensee shall not modify, delete or obscure any notices of proprietary rights or any Wrapper
identification or restrictions on or in the Wrapper found in the source code.
6. Wrapper Support
A Wrapper License entitles Licensee to the support services and access to new Releases of the
Wrapper as set out herein. While support for the Wrapper is contingent upon Licensee’s valid

enrollment in the Highcharts Advantage plan and the annual number of hours of support
available for support of the Licensed Software for each successive twelve month term during
the period that Licensee is enrolled in Highcharts Advantage (each, a “Support Year”) are
inclusive of the number of hours of support offered during such Support Year for the Wrapper,
support of the Wrapper is not covered under Licensee’s enrollment in Highcharts Advantage,
but is offered by Highsoft for a separate fee and provided separately, directly and independently
by HCP. In the event that the Licensee is not enrolled in the Highcharts Advantage Plan, forexample if the Main Agreement grants the Licensee a Personal or Educational License, then the
Licensee shall not be entitled to the support services outlined herein.
All support inquiries related to the Wrapper shall be sent to support@highchartspython.com or
filed at https://www.highchartspython.com.
Under a valid and effective Wrapper License, Licensee shall be entitled to receive from HCP:
1. All new releases or updates of the Wrapper released during the applicable Advantage
Period;Under a valid and effective Wrapper License, contingent upon the Licensee’s valid enrollment in
the Highcharts Advantage Plan and payment of applicable fees, Licensee shall be entitled toreceive from HCP:
2. Up to ten (10) hours of the personalized technical support for the Wrapper and/or the
Licensed Software (combined) per Developer per Support Year based on the number ofDevelopers stated in the License Statement for the License. Licensee may freely
distribute its included total of ten (10) hours of personalized technical support between
support of the Wrapper and support of the Licensed Software;
3. Technical support by e-mail;4. Priority response;
5. Access to 2nd line support for the Wrapper by core developers;
6. Online text chat with 1st line support Wrapper engineers;
7. Investigation of any claimed bug/error/malfunction/nonfunctioning of the Wrapper, andwhen possible, suggestions as to corrective or work-around solutions to the problems;
8. Supply of emergency hot fixes to the Wrapper;
9. Guidance and advice on implementing the Wrapper with the Software, as well as withany third-party systems and platforms to the extent such implementation is authorized
by Highsoft. The guidance and advice shall include advice on best practices, limited
code review, and guidance on parts of the code that are directly related to using the
Wrapper with the Software;
10. Any bug and error fixing, malfunctioning of the Wrapper is to be delivered outside thepersonalized technical support hours.
Licensee is responsible for downloading and installing major version releases and updates ofthe Wrapper during the applicable Advantage Period. During each Advantage Period in which
Licensee is validly enrolled in Highcharts Advantage, HCP will provide support for the current
version and last major version releases of the Wrapper. For the avoidance of doubt, HCP shallhave no obligation to provide support for any version of the Wrapper released prior to the major
version release which immediately preceded the then current major version release of the
Wrapper.
The support services as set forth in this section (i) do not cover issues arising in connection with
implementation of the Wrapper or Licensed Software in/to Licensee Products or Licensee’s own
applications or to the Wrapper as modified by Licensee, and (ii) shall not extend to any Third
Parties to which Licensee distributes Licensee Products, SaaS Application(s) or Web
Application(s) containing the Wrapper, Licensed Software or any part thereof. Support to any
Licensee customers shall hence be Licensee’s full and sole responsibility. The Licensors may, atits sole discretion, at any time choose to discontinue the supply of new Releases of the
Wrapper.
7. Term and Renewal
The term of the Wrapper License (the ”Wrapper Term”) shall correspond to the Initial Term of theLicense as indicated in the License Statement issued by Highsoft, and the provisions of theMain Agreement pertaining to the terms and conditions on the Term and Renewal of the License
shall apply similarly to the Wrapper License; provided, however, in all cases, the support
services set forth in Section 6 above are co-terminus with and contingent upon the Licensee’s
enrollment in the Highsoft Advantage Plan as set forth in the applicable Main Agreement,
including any renewal thereof, and payment of the corresponding Wrapper Fee.
During the term of the Wrapper License, the Wrapper shall be made available by the Licensors
and Licensee shall be authorized to download the Wrapper from the Highsoft Website, from
Github or comparable source code repository maintained by HCP, or from a public Python
library repository such as PyPi.
8. Termination
The termination and expiration provisions in the Main Agreement shall apply similarly to theAgreement, and a termination or expiration of the Main Agreement, however occasioned, shallbe construed as, and entail a termination of this Agreement.
9. Annual License Fee, Renewal Fee, and Payment Terms
Licensee shall upon purchase of the Wrapper License pay the applicable Wrapper License Fee
as determined by Highsoft, subject to the provisions on payment of the License Fee andHighcharts Advantage Fee as set out in the Main Agreement. For avoidance of doubt, theWrapper License and accompanying rights including any subsequent renewals is granted to
Licensee on the condition that all the due fees are paid to Highsoft in full and on time.
10. Warranties and Representations
10.1 Scope
All warranties and representations given herein are provided by HCP, and HCP’s warranties andrepresentations in this section 10 are limited to the Wrapper provided to Licensee under the
Agreement.
10.2 HCP’s Warranties and Representations
HCP warrants and represents that:1. For a period of ninety (90) days following its Delivery Date, the Wrapper will perform
substantially in accordance with HCP’s written specifications, provided that it has beenused in accordance with all documentation and specifications made available on
Highsoft’s Website and not modified by Licensee,
2. HCP will perform its obligations under the Wrapper License and these Wrapper T&Cs inaccordance with all applicable laws and regulations,
3. HCP has the full and unconditional ownership of the Wrapper,
4. The Wrapper does not infringe intellectual property rights of any Third Party,
5. When installed in accordance with HCP’s written specifications, Third Party
Dependencies, defined as software on which the Wrapper relies that has beendeveloped and made available by Third Parties, shall be installed. HCP warrants that at
the time of the Wrapper’s Release, such software was available for public distribution inaccordance with its applicable licenses and its bundling with the Wrapper is fullycompliant with the licenses of any and all such Third Party Dependencies. The Licensee
can review the details of all such Third Party Dependencies, including their relevant
licensing provisions, by reviewing the Wrapper documentation made available on
Highsoft’s Website.
6. HCP has the requisite knowledge, personnel, resources and know-how to fully performand deliver the Wrapper and associated services as stipulated by these Wrapper T&Cs in
a professional manner,
7. HCP has not intentionally placed and will use its best efforts to avoid the placement of
any Harmful Codes into the Wrapper provided under the Wrapper License. For the
purpose of this section 10.2, “Harmful Codes” is 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.
10.3 Licensee’s Remedies
In the event of a breach, or alleged breach of any of the warranties in section 10.2, Licensee
shall promptly notify either HCP or Highsoft and delete the Wrapper. Licensee’s sole remedy insuch an event shall be that HCP shall re-supply or correct the Wrapper so that it operates
according to the warranties set out in section 10.2. The warranties shall not apply if Licensee
has modified, or used the Wrapper improperly, or on an operating environment not approved by
HCP. Improper use and unapproved operating environments will be as set forth in the
documentation provided to Licensee on or prior to Delivery Date.
11. Limitation of Liability
11.1 Highsoft
The Licensee understands and accepts that the Wrapper is provided by Highsoft as an Official
Wrapper, and are hence not covered by the Warranties and Representations included in theMain Agreement, and is provided “as is” by Highsoft and may have errors and omissions.
Highsoft disclaims any and all liability for the Wrapper or Licensee’s usage of or reliance on the
Wrapper, and makes no warranties, express or implied, including but not limited to, warranties
of merchantability, fitness for purpose, performance, accuracy, or non-infringing nature.

11.2 HCP
The Wrapper and all related support services supplied by HCP are provided ‘as is’ and may haveerrors and omissions. Thus, remedies are only available to Licensee in the event of any breachof the warranties set out in section 10.
UNDER NO CIRCUMSTANCES, AND EVEN IF INFORMED THEREOF BY LICENSEE OR ANYOTHER PARTY, WILL THE LICENSORS BE LIABLE UNDER OR IN CONNECTION WITH A CLAIM
RELATING TO THESE WRAPPER T&CS OR ITS SUBJECT MATTER FOR (i) LOSS OF, OR DAMAGE
TO, DATA; (ii) SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES; OR (iii) LOSTPROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
Incorporation of the Wrapper into any application as further described in the Main Agreement
shall not in any manner expand HCP’s liabilities under the Annual Wrapper License. Thus, HCP
shall not under any circumstance be neither responsible nor liable for any aspects of such
Licensee application(s), including but not limited to its reliability, uptime/downtime, functioningor fitness for purpose. Any obligations, liabilities or warranties undertaken by Licensee towards
its customers with respect to such application(s) shall apply only between mentioned parties,
and Licensee hereby undertakes to indemnify and hold the Licensors harmless from andagainst any and all losses, clams and damages related to such application(s).
IN NO EVENT WILL THE LIABILITY OF THE LICENSORS UNDER OR IN CONNECTION WITH
THESE WRAPPER T&CS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY,INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND
OTHERWISE, EXCEED THE TOTAL WRAPPER FEE PAID BY THE LICENSEE DURING THE LASTTWELVE (12) MONTHS PRIOR TO OCCURRENCE GIVING CAUSE TO SUCH LIABILITY.
12. Confidentiality
As a trusted partner of Highsoft, HCP is bound by the confidentiality provisions of the Main
Agreement, which shall apply similarly for the Wrapper T&Cs, and Licensee hereby grants to
Highsoft the explicit right to share Confidential Information with HCP as needed.
13. Applicable Law and Venue
The construction, validity and operation of the Wrapper License and these Wrapper T&Cs, andthe performance of all obligations hereunder, shall be governed by and construed inaccordance with the laws of the Commonwealth of Massachusetts, United States of America,
without regard to conflict of law principles that would result in the application of any law otherthan the law of the Commonwealth of Massachusetts.
In the event of a dispute, controversy or claim between Licensee and HCP arising out of or
relating to the Wrapper License and these Wrapper T&Cs, or the breach, termination, or
invalidity thereof the Parties shall meet in an effort to resolve such dispute, controversy or claim
amicably through negotiation. If the Parties do not reach an amicable solution within two (2)weeks of such efforts being initiated, either Party may initiate legal proceedings in the UnitedStates federal courts and state courts located in the Commonwealth of Massachusetts, which
courts shall have sole and exclusive jurisdiction and venue to adjudicate any such dispute,controversy or claim. The Parties consent to the exclusive jurisdiction of the courts specified
above, and expressly waive any objection to the jurisdiction or convenience of such courts.

Any dispute, controversy or claim between Licensee and Highsoft, shall be resolved inaccordance with the provisions of the Main Agreement.
14. Processing of Personal Data
To the extent the purchase of the Wrapper License involves processing by either Highsoft and/or
HCP of personal data about the Licensee or Licensee’s customers or personnel related to thepurchase of the Wrapper License, Highsoft and HCP shall be acting as joint and independent
data controllers. The provisions of the Main Agreement pertaining to Highsoft’s processing of
personal data shall apply similarly to any processing by Highsoft of personal data in relation to
the Agreement.
To the extent the support services performed by HCP under this Agreement involves processing
by HCP of personal data about the Licensee or Licensee’s customers or personnel, HCP shallbe acting as a data controller.
15. Miscellaneous
The provisions of the Main Agreement entitled “Miscellaneous” shall apply similarly to these
Wrapper T&Cs, as applicable.