license.htm

Delphi Component - Chart Fx

            98 software. (hereinafter "the Software" or "Software") , you are
            accepting the following License Agreement. <br>
            <br>
            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 not agree to the terms of this agreement, promptly
            return the uninstalled software to the place you purchased it for a full refund. </font></p>
            <p align="center"><strong><font face="Verdana" size="2" color="#FFFFFF">SOFTWARE FX, INC.
            - SOFTWARE LICENSE </font></strong></p>
            <p align="left"><font face="Verdana" size="2" color="#FFFFFF">1. GRANT OF LICENSE. This
            License agreement permits you to use one copy of the software program (hereinafter
            &quot;The SOFTWARE&quot; or &quot;SOFTWARE&quot;) on a single computer. The SOFTWARE is in
            &quot;use&quot; on a computer when it is loaded into temporary memory (i.e. RAM) or
            installed into permanent memory (e.g. hard disk, or other storage device) of that
            computer. <br>
            <br>
            2. COPYRIGHT. The SOFTWARE is owned by Software FX, Inc. or its suppliers and is protected
            by United States copyright laws and international treaty provisions. Therefore, you must
            treat the SOFTWARE like any other copyrighted material (e.g. a book or a musical
            recording) except that you may either (a) make one copy of the SOFTWARE solely for backup
            or archival purposes. or (b) transfer the SOFTWARE to a single hard disk provided you keep
            the original solely for backup or archival purposes. You may not make multiples copies of
            SOFTWARE nor the written materials accompanying the SOFTWARE. <br>
            <br>
            3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the
            SOFTWARE and accompanying written materials on a permanent basis provided you retain no
            copies and the recipient agrees to the terms of this Agreement. Upon such transfer, you
            will notify Software FX, Inc. of the transfer and the name and address of recipient. You
            may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an
            Update or has been updated, any transfer must include the most recent update and all prior
            versions. <br>
            <br>
            4. REDISTRIBUTABLE CODE. Portions of the software are designated as &quot;Redistributable
            Code&quot;. The file &quot;REDIST.TXT&quot; list the files and describes the
            Redistributable rights associated with each file of the Redistributable Code, subject to
            the &quot;Distribution Requirements&quot; described below.<br>
            <br>
            5. DISTRIBUTION REQUIREMENTS. You have a royalty-free right to distribute Chart FX
            &quot;Redistributable Code&quot; if: </font></p>
            <p align="left"><font face="Verdana" size="2" color="#FFFF00"><br>
            (a) you distribute the &quot;run time&quot; modules only in conjunction with the
            executable files that make use of them as a part of your software product; <br>
            (b) you not redistribute or generate License files (.LIC or .LPK files or Registry
            entries) as part of your software product(s);<br>
            (c) you not permit further redistribution of the &quot;run-time modules&quot; by your end
            users customers;<br>
            (d) you do not expose, document or make public the software API (Application Programming
            Interface);<br>
            (e) your software product(s) must add significant and primary functionality to Chart FX
            &quot;Redistributable Code&quot;;<br>
            (f) your software product main and primary functionality must not be creating and
            displaying charts;<br>
            (g) you redistribute only the software not designated as redistributable code.<br>
            (h) you do not use the Software FX, Inc. name, logo or trademark to market your software
            product;<br>
            (i) you or your end users do not use the &quot;Redistributable Code&quot; or any other
            SOFTWARE component for development purposes;<br>
            (j) you must not permit further redistribution of ChartFX &quot;run-time modules&quot; by
            your end-users cutomers; and<br>
            (k) you agree to indemnify, hold harmless, and defend Software FX, Inc. and its suppliers
            from and against any and all claims or lawsuits including attorney's fees, that arise or
            result from the use or distribution of your software product. </font></p>
            <p align="left"><font face="Verdana" size="2" color="#FFFFFF"><br>
            If any of the conditions set forth in paragraphs a through k 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.<br>
            <br>
            6. NON REDISTRIBUTABLE CODE. This product also contains software&nbsp; known as the Chart
            FX 98 Active Document Server or OLE Server. You may install one copy of the Chart FX OLE
            Server for testing purposes only. Contact&nbsp; Software FX, Inc. for the applicable
            royalties due and other licensing terms for all other uses and/or distribution of the
            Chart FX OLE Server.<br>
            <br>
            <br>
            LIMITED WARRANTY. Software FX, Inc. warrants that (a) the SOFTWARE will perform
            substantially in accordance with the accompanying written materials for a period of ninety
            (90) days from the date of receipt. and (b) any hardware accompanying the SOFTWARE will be
            free from defects in materials and workmanship under 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 warranty gives you specific legal
            rights. You may have others which vary from state/jurisdiction to state/jurisdiction. </font></p>
            <p align="left"><font face="Verdana" size="2" color="#FFFFFF"><br>
            CUSTOMER REMEDIES. Software FX, Inc.'s and its suppliers' entire liability and your
            exclusive remedy in the event of a defect in materials and workmanship of the SOFTWARE
            under normal use during the Limited Warranty period shall be, at Software FX, Inc.'s
            option, either (a) return of the price paid by you in exchange for all SOFTWARE contents
            including written materials; or (b) repair or replacement of the SOFTWARE or hardware that
            does not meet Software FX, Inc.'s Limited Warranty and which is returned to Software FX,
            Inc. with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE
            or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE
            or hardware will be warranted for the remainder of the original warranty period or thirty
            (30) days whichever is longer. Neither these remedies nor any product support services are
            available outside the United States without proof of purchase from an authorized non-U.S.
            source. </font></p>
            <p align="left"><font face="Verdana" size="2" color="#FFFFFF"><br>
            NO OTHER WARRANTIES. there are no other warranties to the maximum extent permitted by
            applicable law. Software FX, Inc. and its suppliers disclaim all other warranties, either
            express or implied, including but not limited to implied warranties of merchantability and
            fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written
            materials, and any accompanying hardware. </font></p>
            <p align="left"><font face="Verdana" size="2" color="#FFFFFF"><br>
            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, loss of business information, or any other pecuniary loss) arising out of
            the use of or inability to use this Software 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. </font></p>
            <p align="left"><font face="Verdana" size="2" color="#FFFFFF"><br>
            U.S. GOVERNMENT RESTRICTED RIGHTS <br>
            The 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. <br>
            If you acquired this product in the United States, this Agreement is governed by the laws
            of the State of Florida., in Boca Raton, County of Palm Beach, Florida. <br>
            <br>
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        <p align="center"><img src="cubeanim.gif" width="60" height="60"
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        <font face="Verdana" size="1">Chart FX 98 is a COM based object</font></p>
        <p align="center"><em><font face="Verdana" size="1" color="#FFFFFF">1999 All rights
        reserved. Software FX, Inc.<br>
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