Chart FX License Agreement
READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.

By installing the Chart FX software (hereinafter “the Software” or “Software”), you areaccepting the following License Agreement.
LICENSE AGREEMENT. This is a legal agreement between you (either an individual or an entity)
and Software FX, Inc. By installing the software you are agreeing to be bound by the terms of thisagreement. If you do not agree to the terms of this agreement, promptly return the uninstalled software to the place you purchased it for a full refund.
1. GRANT OF LICENSE. Software FX, Inc. grants to you as an individual or entity a non-exclusive
license to make and use copies of the SOFTWARE in the manner provided below. The rights
granted under this Agreement are only effective upon payment of license fees and possession of
the appropriate License Agreement (if applicable). The software is licensed, not sold.
(a) Installation. The software contains portions known as “Design-time Components” thatprovide development facilities in Visual Studio .NET and other development environments.
Also, “Production Server Components” are provided to enable services on a computer calleda server, and finally “Redistributable Code” allows client computers or workstations to accessor utilize the services provided by the software. This license agreement grants you one (1)license of the software portions known as “Design-time” and “Production Server” components.
You may use the “Redistributable Code” portions on any computer or workstation subject toDistribution Requirements described in Section 4.
(b) Use of Design-time Components. The “Design-time Components” are licensed on a per seatbasis. Per-seat licenses are licenses that are counted by all the machines on which any “DesignerComponent” will reside on. To use a per-seat license, every machine installing, running and/orusing the software for development purposes must have a licensed copy and its appropriate
license. A development seat license is required for each additional computer on which you will
be installing and running any of the “Design-time Components”. “Design-time Components”
are accompanied by a server portion labeled and licensed as a “Test/Development Server”,
you may use the “Test/Development Server” software for the sole purpose of designing,developing and testing your product(s). “Test/Development Server Components” have been
designed to operate in conjunction with the “Design-Time Components” and must not be
used as a separate component.
(c) Use of Production Server Components. The “Production Server Components” are licensed
on a per server basis. The “Production Server Components” may only be used on one andthe same server. Additional license fees are also due if the “Production Server Components”
are used for hosting or service bureau purposes (e.g. an Internet Service Provider (ISP) may
not use the “Production Server Components” when hosting pages for its customers usingdifferent domain names). A Production Server license is required for each additional computeron which you will be installing and running any of the “Production Server Components.”

(d) Use of Windows Forms Components. The “Windows Forms” components are licensed ona per developer/ per seat basis. The “Windows Forms” components may only be used on
Windows Forms applications/deliverables that serialize the product’s license internally andautomatically access the license from the calling executables/deliverables. Additional license
fees are also due if the “Windows Forms” components are used as part or as a component(server or client) of a web server based application even if the product license is serialized andaccessed automatically from the calling executable/deliverables.
2. COPYRIGHT. The SOFTWARE is owned by Software FX, Inc. and is protected by United States
copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like anyother copyrighted material (e.g. a book or a musical recording) except that you may either (a) makeone copy of the SOFTWARE solely for backup or archival purposes; (b) transfer the SOFTWARE toa single hard disk provided you keep the original solely for backup or archival purposes or (d) you
may store or install a copy of the Software on a storage device, such as a network server, used
only to install or run the Software on other computers over an internal network; however, you must
acquire and dedicate a License for each separate computer on which the Software is installed or
run from the storage device. A License for the Software may not be shared or used concurrently
on different computers. You may not make multiples copies of SOFTWARE or the written materialsaccompanying the SOFTWARE.
3. REDISTRIBUTABLE CODE. Portions of the software are designated as “Redistributable Code”.
The Software documentation describes the files and Redistributable rights associated with eachfile of the Redistributable Code, subject to the “Distribution Requirements” described below. You
are also encouraged to contact Software FX, Inc. before deployment for more information on yourspecific redistribution rights. Contact information can be obtained on the company’s web site atwww.softwarefx.com.
4. DISTRIBUTION REQUIREMENTS. You have a royalty-free right to distribute and use theSOFTWARE only if:(a) You distribute only the portions of the SOFTWARE designated as “Redistributable Code”.
(b) You use and distribute the “Redistributable Code “ only in conjunction with the binary files thatmake use of them as a part of your software product.
(c) Your product(s) and application(s) must add significant and primary functionality to theSOFTWARE;(d) You do not expose, document or make public the SOFTWARE API (Application ProgrammingInterface);(e) Your end users are not allowed to use the SOFTWARE for development purposes or further
redistribution and deployment.
(f) You do not wrap or distribute the SOFTWARE in a component that can be used for development
purposes on any application, tool, environment or container.
(g) Your software product main and primary functionality must not be creating and/or displaying
charts;(h) You do not reverse engineer copy, duplicate or distribute the license schema that is needed
to use the SOFTWARE in a design, development or runtime environment.
(i) You do not disassemble, decompile or reverse engineer the SOFTWARE or any portions of it;

(j) Your software product may not, in the reasonable opinion of Software FX, compete with aSoftware FX, Inc. product.
(k) You do not use the Software FX, Inc. or Chart FX name, logo or trademark to market yoursoftware product;(l) You agree to indemnify, hold harmless, and defend Software FX, Inc. and its suppliers fromand against any and all claims or lawsuits including attorney’s fees that arise or result from theuse or distribution of your software product. If any of the conditions set forth in paragraphs
above are breached, such breach shall constitute an unlawful use of the SOFTWARE, and you
shall be prosecuted to the full extent of the law. Furthermore, you shall be liable to Software
FX, Inc. for all damages caused by such breach and unlawful use of the software, including
attorney’s fees and costs incurred in any action, lawsuit or claim brought or filed to redress
the breach of this agreement.
5. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly
licensed to use a product identified by Software FX as being eligible for the upgrade in order touse the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use
the resulting upgrading product only in accordance with the terms of this License Agreement. If theSOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you
licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as partof that single package and may not be separated for use in more than one computer.
6. LIMITED WARRANTY. Software FX, Inc. warrants that (a) the SOFTWARE will perform substantiallyin accordance with the accompanying written materials for a period of ninety (90) days. and (b) any
hardware accompanying the SOFTWARE will be free from defects in materials and workmanshipunder normal use and service for a period of one (1) year from the date of receipt. Any implied
warranties on the SOFTWARE and hardware are limited to ninety (90) days and one (1) year
respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty,
so the above limitation may not apply to you. This limited war- ranty gives you specific legal rights.
You may have others which vary from state/jurisdiction to state/jurisdiction.
NO OTHER WARRANTIES. There are no other warranties to the maximum extent permitted byapplicable law. Software FX, Inc. and its suppliers disclaim all other warranties, either express orimplied, including but not limited to implied warranties of merchantability and fitness for a particularpurpose, with regard to the SOFTWARE and the accompanying materials.
NO LIABILITIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. To the maximum extent
permitted by law, in no event shall Software FX, Inc. or its suppliers be liable for any damages whatsoever (including without limitations, damages for loss of business profits, business interruption, lossof business information, or any other pecuniary loss) arising out of the use of or inability to use thisSoftware FX, Inc. product, even if Software FX, Inc. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTSThe SOFTWARE and written materials are provided with RESTRICTED RIGHTS. Use, duplication, ordisclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs(c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as ap-plicable. Manufacturer is Software FX, Inc.
This Agreement is governed by the laws of the State of Florida, the U.S. Copyright Act and otherapplicable U.S. federal laws. All disputes or legal proceedings relating to use of the SOFTWARE or
this Agreement shall be brought and heard exclusively in the state or federal courts located in Palm
Beach County, Florida, and by installing and/or using the SOFTWARE, you hereby irrevocably consent and submit to personal jurisdiction in such courts for all such disputes or legal proceedings.