DataParts for SharePoint License Agreement
READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.
By installing the DataParts for SharePoint software (hereinafter “the Software” or “Software”), you are accepting 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 this agreement. If you do notagree 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 “Production Server Components” and“Test/Development Server Components” are provided to enable services on a computer calleda server. This license agreement grants you one (1) license of the software portions known as“Production Server” and one (1) License of “Test/Development Server Components”.
(b) Use of Test Server Components. These components are licensed on a per server basis. you
may use the “Test/Development Server” software for the sole purpose of designing, developing
and testing your SharePoint sites. “Test/Development Server Components” must not be
used as separate components or be used for building ASP.NET applications or standalone
applications in any platform or environment besides a SharePoint server. Test/Development
Server Components” may not be used on a production server or a server where users connect
to access a live SharePoint site. You may not redistribute the Test Server Components without
the express written consent of Licensor which will be granted thorugh an OEM Agreement.
(c) Use of Production Server Components. These components are licensed on a per server basis.
The “Production Server Components” may only be used on one and the same server. Additional
license fees are also due if the “Production Server Components” are used for hosting, SaaS
(Software as a service), ASP (Application Service Provider) and/or service bureau purposes(e.g. you may not use the “Production Server Components” when hosting SharePoint sites forthird party customers). A Production Server license is required for each additional computer onwhich you will be installing and running any of the “Production Server Components”. “Production
Server Components” must not be used as separate components or be used for building ASP.NET
applications or standalone applications in any platform or environment besides a SharePoint
server.”Production Server Components” cost is determined based on the number of named
users in the SharePoint site where the Software is being installed. You agree to purchase, installand upgrade (when necessary) a version of the Software that complies with the amount of users
in your SharePoint implementation. You may not redistribute the Production Server Components
without the express written consent of Licensor which will be granted thorugh an OEM Agreement.
The DataParts installer uses the SharePoint Solution Installer which is licensed by Microsoft
under a Permissive License (Ms-PL) v 1.1. This only applies to the DataParts installation file andnot the rest of the product which is Licensed under the Software FX trademarks and conditions
set forth in this EULA. For additional information on Microsoft Permissive License please visit:
http://SharePoint installer.codeplex.com/license
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 materials
accompanying the SOFTWARE.
3. REDISTRIBUTABLE CODE. No Portions of the software are designated as “Redistributable Code”.
4. INTELLECTUAL PROPERTY RIGHTS. You acknowledge that the Software and any copies
that you are authorized by Software FX to make are the intellectual property of and are owned
by Software FX and its suppliers. The structure, organization and code of the Software are
the valuable trade secrets and confidential information of Software FX and its suppliers. The
Software is protected by copyright, including without limitation by United States CopyrightLaw, international treaty provisions and applicable laws in the country in which it is being used.
You acknowledge that Software FX retains the ownership of all patents, copyrights, trade secrets,
trademarks and other intellectual property rights pertaining to the Software, and that Software
FX’s ownership rights extend to any images, photographs, animations, videos, audio, music, text
and “applets” incorporated into the Software and all accompanying printed materials. You willtake no actions which adversely affect Software FX’s intellectual property rights in the Software.
Trademarks shall be used in accordance with accepted trademark practice, including identificationof trademark owners’ names. Trademarks may only be used to identify printed output producedby the Software, and such use of any trademark does not give you any right of ownership in that
trademark. Chart FX, Grid FX, PowerGadgets, and Software FX are trademarks of Software FX
Inc.. Except as expressly stated above, this Software License Agreement does not grant you any
intellectual property rights in the Software. Notifications of claimed copyright infringement should
be sent to Software FX’s copyright agent as further provided on the Software FX Web Site.
5. LIMITED TRANSFER RIGHTS Notwithstanding the foregoing, you may transfer all your rights to
use the Software to another person or legal entity provided that: (a) you also transfer each of thisSoftware License Agreement, the Software and all other software or hardware bundled or preinstalled with the Software, including all copies, updates and prior versions, and all copies of font
software converted into other formats, to such person or entity; (b) you retain no copies, including
backups and copies stored on a computer; (c) the receiving party secures a personalized serial
number from Software FX; and (d) the receiving party accepts the terms and conditions of thisSoftware License Agreement and any other terms and conditions upon which you legally purchased
a license to the Software. Notwithstanding the foregoing, you may not transfer education, prerelease, or not-for-resale copies of the Software.
6. PRE-RELEASE AND EVALUATION SOFTWARE. If the product you have received with thislicense is pre-commercial release or beta Software (“Pre-release Software”), then this Section
applies. In addition, this section applies to all evaluation and/or demonstration copies of Software
FX software (“Evaluation Software”) and continues in effect until you purchase a license. To
the extent that any provision in this section is in conflict with any other term or condition in thisSoftware License Agreement, this section shall supersede such other term(s) and condition(s)with respect to the Pre-release and/or Evaluation Software, but only to the extent necessary toresolve the conflict. You acknowledge that the Pre-release Software is a pre-release version, does
not represent final product from Software FX, and may contain bugs, errors and other problems
that could cause system or other failures and data loss. CONSEQUENTLY, THE PRE-RELEASE
AND/OR EVALUATION SOFTWARE IS PROVIDED TO YOU “AS-IS” WITH NO WARRANTIES FORUSE OR PERFORMANCE, AND SOFTWARE FX DISCLAIMS ANY WARRANTY OR LIABILITYOBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLYLIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE AND/OR EVALUATION SOFTWARE,
BUT IT MAY BE LIMITED, SOFTWARE FX’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE
LIMITED TO THE SUM OF FIFTY DOLLARS (USD $50) IN TOTAL. If the Evaluation Software has
a time-out feature, then the software will cease operation after the conclusion of the designatedevaluation period. Upon such expiration date, your license will expire unless otherwise extended.
Access to any files created with the Evaluation Software is entirely at your risk. You acknowledge
that Software FX has not promised or guaranteed to you that Pre-release Software will be announced
or made available to anyone in the future, that Software FX has no express or implied obligation to
you to announce or introduce the Pre-release Software, and that Software FX may not introduce a
product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge thatany research or development that you perform regarding the Pre-release Software or any productassociated with the Pre-release Software is done entirely at your own risk. During the term of thisSoftware License Agreement, if requested by Software FX, you will provide feedback to Software
FX regarding testing and use of the Pre-release Software, including error or bug reports. If you havebeen provided the Pre-release Software pursuant to a separate written agreement, your use of the
Software is governed by such agreement. You may not sublicense, lease, loan, rent, distributeor otherwise transfer the Pre-release Software. Upon receipt of a later unreleased version of the
Pre-release Software or release by Software FX of a publicly released commercial version of the
Software, whether as a stand-alone product or as part of a larger product, you agree to return or
destroy all earlier Pre-release Software received from Software FX and to abide by the terms of thelicense agreement for any such later versions of the Pre-release Software.
7. UPGRADES. If the Software 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 to use the Software. A
Software 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 accordancewith the terms of this License Agreement. If the Software is an upgrade of a component of a
package of software programs that you licensed as a single product, the Software may be used
and transferred only as part of that single package and may not be separated for use in more than
one computer.
8. NO OPEN SOURCE. Your right to the Software does not include any license, right, power orauthority to subject the Software in whole or in part to any of the terms of an Excluded License. An“Excluded License” means any “open source” or other license that require as a condition of use,modification and/or distribution of software subject to the Excluded License, that such softwareor other software combined and/or distributed with such software be (a) disclosed or distributed
in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable
at no charge.
9. HIGH RISK ACTIVITIES. The Software is not fault tolerant and is not intended for use in high-risk
activities. You may not use the Software in the design, construction, operation or maintenanceof any nuclear facility or weapon of mass destruction, or for the purpose of aircraft navigation orcontrol or any other activity in which the failure of the Software could result in loss of human life,
personal injury or property damage.
10. SERVICES. There are no services provided under this agreement. You are responsible for installing
the Software on your computers as permitted under this agreement.
11. FEES. Prices are available upon request and are subject to change. Please consult Licensor or its
authorized resellers as to current fees before placing an order. All license fees are non-refundable
and non-cancelable except as expressly provided in this agreement and do not include shipping,sales or use tax, withholding tax, excise tax, VAT or custom duties, all of which you are responsible
for paying above and beyond the license fees due to Licensor or its authorized resellers.
12. ACTIVATION. During installation, an Internet connection is required on the machine where
the product is being installed. Only the serial number and a unique product ID provided by the
installation program is sent to our servers. Alternatively, if necessary, this information could besubmitted from another computer that is connected to the Internet. The information is encryptedusing the standard RSA Public/Private key methodology. For security reasons, we do not copy
the private key onto the client machine; instead it resides on our servers and thus the need for an
Internet connection to obtain a code to complete the install of the software. Our installation does
not scan your hard drive or gather any personal information from your computer; therefore, noprivacy issues should be of concern to you. Customers are still encouraged to register the productusing the traditional and voluntary web site registration form. The installation process should be
simple and unobtrusive for all customers. Our goal is to prevent installation of serial numbers thathave been obtained from fraudulent purchases, returned products, expired programs and othersuspicious means.
13. MAINTENANCE/SUPPORT. You may acquire maintenance/technical support services(“Maintenance/Support”) for the Software provided that you subscribe to Licensor’s Maintenance/
Support programs or to an authorized Licensor partner support program. Maintenance/Support
shall be based on the in-country list price and then applicable Maintenance/Support policy in effectat the time such Maintenance/Support is ordered. Maintenance/Support fees are due annually inadvance and are nonrefundable and non-cancelable.
14. LIMITED WARRANTY AND LIMITATION OF LIABILITY.
(a) Limited Warranty and Customer Remedies. Software FX warrants to the person or entity thatfirst purchases a license for use of the Software pursuant to the terms of this Software License
Agreement that (i) the Software will perform substantially in accordance with any accompanying
Documentation for a period of ninety (90) days from the date of receipt. Some states andjurisdictions do not allow limitations on duration of an implied warranty, so the above limitation
may not apply to you. To the extent allowed by applicable law, implied warranties on the
Software, if any, are limited to ninety (90) days. Software FX’s and its suppliers’ entire liability
and your exclusive remedy shall be, at Software FX’s option, either (i) return of the price paid,
if any, or (ii) repair or replacement of the Software that does not meet Software FX’s Limited

Warranty and which is returned to Software FX with a copy of your receipt. This Limited Warranty
is void if failure of the Software has resulted from accident, abuse, misapplication, abnormaluse, Trojan horse, virus, or any other malicious external code. Any replacement Software will
be warranted for the remainder of the original warranty period or thirty (30) days, whichever islonger. This limited warranty does not apply to Evaluation and/or Pre-release Software.
(b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND
REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SOFTWARE FX OR ITS
SUPPLIER’S BREACH OF WARRANTY. SOFTWARE FX AND ITS SUPPLIERS DO NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USINGTHE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY
WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAMECANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOURJURISDICTION, SOFTWARE FX AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS,REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON
LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE FX AND ITS SUPPLIERS DISCLAIM
ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR
ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO
THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS,
WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
(c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWEVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SOFTWAREFX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT SERVICES, EVEN IF SOFTWARE FX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SOFTWARE FX’S ENTIRE LIABILITYUNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITEDTO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because somestates and jurisdictions do not allow the exclusion or limitation of liability, the above limitation
may not apply to you. In such states and jurisdictions, Software FX’s liability shall be limited to
the greatest extent permitted by law and the limitations or exclusions of warranties and liability
contained herein do not prejudice applicable statutory consumer rights of person acquiring
goods otherwise than in the course of business. The disclaimer and limited liability above arefundamental to this Software License Agreement between Software FX and you.
(d) Infringement Claims. Software FX will indemnify and hold you harmless and will defend or
settle any claim, suit or proceeding brought against you by a third party that is based upon aclaim that the content contained in the Software infringes a copyright or violates an intellectualor proprietary right protected by United States (“Claim”), but only to the extent the Claim arises
directly out of the use of the Software and subject to the limitations set forth in Section 5 of thisAgreement except as otherwise expressly provided. You must notify Software FX in writing of
any Claim within ten (10) business days after you first receive notice of the Claim, and you shallprovide to Software FX at no cost with such assistance and cooperation as Software FX mayreasonably request from time to time in connection with the defense of the Claim. Software FX
shall have sole control over any Claim (including, without limitation, the selection of counsel
and the right to settle on your behalf on any terms Software FX deems desirable in the sole
exercise of its discretion). You may, at your sole cost, retain separate counsel and participate
in the defense or settlement negotiations. Software FX shall pay actual damages, costs, andattorney fees awarded against you (or payable by you pursuant to a settlement agreement) inconnection with a Claim to the extent such direct damages and costs are not reimbursed to
you by insurance or a third party, to an aggregate maximum equal to the purchase price of the
Software. If the Software or its use becomes the subject of a Claim or its use is enjoined, or if
in the opinion of Software FX’s legal counsel the Software is likely to become the subject of a
Claim, Software FX shall attempt to resolve the Claim by using commercially reasonable efforts
to modify the Software or obtain a license to continue using the Software. If in the opinion ofSoftware FX’s legal counsel the Claim, the injunction or potential Claim cannot be resolved
through reasonable modification or licensing, Software FX, at its own election, may terminate
this Software License Agreement without penalty, and will refund to you on a pro rata basis any
fees paid in advance by you to Software FX. THE FOREGOING CONSTITUTES SOFTWAREFX’S SOLE AND EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT.
This indemnity does not apply to infringements that would not be such, except for customersupplied elements.
15. JURISDICTION. This Agreement is governed by the laws of the State of Florida, the U.S. Copyright
Act and other applicable 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.
U.S. GOVERNMENT RESTRICTED RIGHTSThe SOFTWARE and written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure 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 applicable. 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 SOFTWAREor this Agreement shall be brought and heard exclusively in the state or federal courts located inPalm 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.