LightningChart Python

End-User License Agreement

November 11th, 2024. Copyright LightningChart Ltd 2009-2025. All rights reserved.

PREAMBLE

This Non-Exclusive End User License Agreement (the “EULA”) is between LightningChart, Ltd., a company existing under the laws of Finland, having a principal place of business at Tehdaskatu 24 B, 70620 Kuopio, Finland (“Licensor”), and the data scientist who has downloaded or begun using the Licensor’s Software on a subscription basis (“Licensee”).

The Effective Date of this agreement is the earlier of the date of download, first usage, or the commencement of a subscription.

RECITALS

WHEREAS, since 2007 Licensor has manufactured high-performance charting components for the visualization of huge data sets, continuing to break industry limits; and

WHEREAS, Licensor’s LightningChart Python is a lightning-fast charting library for the most demanding Python developers, focusing on data visualization for trading, engineering, aerospace, medicine, and other demanding fields (the “Software”); and

WHEREAS, Licensor is the sole and exclusive owner of all right, title, and interest, including all Intellectual Property Rights, in and to the Software; and

WHEREAS, Licensor is willing to grant a license to Licensee for the use of the Software on a subscription basis in connection with data science projects to be created or ran by Licensee; and

NOW, therefore, in consideration of the mutual promises, covenants, and agreements so made, Licensor and Licensee hereby stipulate, have agreed, and do agree as follows:

ARTICLE I – INCORPORATION OF RECITALS

1. The foregoing Recitals are true and correct and are incorporated herein by reference.

ARTICLE II – INSTALLATION / AGREEMENT AS TO TERMS

1. This EULA (End User License Agreement) is a binding legal agreement between the Licensee and Licensor regarding the Software, including all components, libraries, source code, examples, demo applications, documentation and other materials that can be considered to be part of the Software or the Intellectual Property of Licensor.

2. By accessing, installing, copying, or otherwise using the Software, Licensee is agreeing to be bound by the terms of this EULA. If Licensee does not agree to any of the terms of this EULA, Licensee must not use the Software, must not copy the Software and is to delete any and all copies of the Software.

ARTICLE III – DEFINITIONS

As used in this EULA, the following terms shall have the following meanings:

1. “Affiliate” shall mean any Entity having any relationship, contract, or arrangement with Licensee regarding any matter which affects, or is affected by, this EULA in which Licensee has or exercises or has the power to exercise, directly or indirectly (in any manner), control, direction, or restraint of such Entity, or in which such Entity has the power to exercise, directly or indirectly (in any manner), control, direction, or restraint of Licensee, or in which such Entity and Licensee are subject to common or mutual control, direction, or restraint.

2. “Application Deployment” means deployment of saleable/installable applications (mobile, laptop, desktop) where Software is integrated Distribution is royalty-free.

3. “Confidential Information” shall mean the confidential and/or proprietary information of Licensor including Software (in object or source code form), inventions (whether or not patentable), trade secrets, ideas, know-how, techniques, processes, formula, algorithms, schematics, research, development, software design and architecture, testing procedures, design and functional specifications, problem reports and performance information, marketing and financial plans and data. “Confidential Information” does not include information that Licensee can show through documentary evidence: (a) is or becomes publicly known through no fault, act, or omission of Licensee; (b) is known by or in the possession of Licensee prior to its receipt from Licensor; or (c) lawfully obtained from a third party that rightfully possesses the information (without confidentiality or proprietary restriction) and who did not receive it directly from Licensee.

4. “Copyrights” shall mean any and all copyrights in and to the Software, including any continuation, extensions, or renewals of the Software.

5. “Data Science” shall mean an interdisciplinary field that uses scientific methods, processes, algorithms, and systems to extract knowledge and insights from structured and unstructured data. It involves the use of Data Science Tools for the analysis and interpretation of complex data sets to identify patterns, trends, and actionable insights.

6. “Data Scientist” shall mean an individual or Entity engaged in the practice of analysing complex data sets to identify patterns, trends, and actionable insights using various statistical and computational techniques, and whose primary role involves the use of Python tools for Data Science and visualization.

7. “Data Science Tools” shall mean the software and technologies used by Data Scientists in their work, including but not limited to Python programming language, Jupyter notebooks, pandas, scikit-learn, TensorFlow, and others.

8. “Documentation” shall mean the example code, comments, help files, User’s manuals, API reference and written or video information which enables Licensee to understand the purpose and functionality of the Software.

9. “Deployment Domain” shall mean a domain name (public or internal) where Software will be run Deployed Software will work only amongst domain names enabled in the Deployment Key. This is applicable to SaaS and Enterprise license.

10. “Derivative Work” shall mean any new creation of a similar or competing product that includes or is based on our original software. This encompasses changes, updates, or other versions that utilize the software’s code, algorithms, or documentation.

11. “End-User” shall mean the individual data scientist who downloads and uses the Software under the terms of this EULA. The End-User is the Licensee.

12. “End-User License” (often referred to as an EULA) shall mean a type of software License granting Usage Rights to install and use the Software to an End-User. This EULA is an End-User License, allowing usage by the Licensee only rather than redistribution or development rights.

13. “End-User Subscription” shall mean a licensing model where an End-User gains access to use the Software for a specified Subscription Period in exchange for payment of a Licensing Fee. This EULA grants an End-User Subscription with rights to use the Software only for the duration of the active Subscription.

14. “Entity” means any individual, partnership, limited liability company, joint venture, corporation, or the like.

15. “Free Edition” shall mean the version of the Software that the Licensee is entitled to use indefinitely after the Trial Period, without any Licensing Fee. This version has a reduced set of features designed for non-commercial, internal use as defined under the Data Scientist license type. While it offers basic functionality, it excludes the premium features, updates, or enhancements included during the Trial Period or available in paid versions of the Software. The use of the Free Edition is subject to the internal use restrictions and other terms and conditions set forth in this EULA.

16. “Information” shall mean any and all information relating to or arising out of the Software, including, and without limitation, trade secrets and any and all embodiments and representations of such Intellectual Property Trade secrets shall also include the definition of trade secrets as set forth by the Laws of Finland.

17. “Intellectual Property Rights” shall include, but not be limited to, the following: rights in know-how, source code, trademarks, copyrights, patents, patent applications (including reissues, renewals, continuations, continuations-in-part, or divisions of any patent or patent application), trade secrets, instructions, improvements, modifications, suggestions, proposals, programs, ideas, writings, and the like of any sort whatsoever, and any embodiment including, but not limited to, computer programs, Documentation, documentation of programs, assembly, and detailed drawings, plans, specifications, results of technical investigations and research, assembly, and parts manuals, and any other proprietary information.

18. “Internal” shall mean use of the Software in non-public facing methods only, solely for the Licensee’s internal Data Science and visualization purposes. “Internal” specifically excludes any use of the Software for developing or providing publicly available or outward facing applications, platforms, websites, services, or other products. This is also known as an “Intranet Application”.

19. “License” shall mean a legal contract granting permission to install and use the Software subject to the terms and conditions outlined in this The License provides specified Usage Rights to the Licensee.

20. “Licensing Fee” shall mean with respect to the Software the subscription price that Licensor requires Licensee to pay in accordance with the express conditions of this EULA by Licensee.

21. “Non-Perpetual License” shall mean a license that allows the Licensee to use the components of the Software only for the duration of the active subscription Access to the Software and its updates cease upon the expiration of the Subscription period.

22. “Pack” shall refer to a bundled set of individual Per-Seat Licenses offered as a single purchase unit to the Each Pack contains a predefined number of seats, allowing a specified quantity of users to install and use the Software concurrently. The Pack facilitates the licensing management by enabling the Licensee to acquire multiple Per- Seat Licenses in a single transaction, adhering to the terms outlined in this EULA.

23. “Per-Seat” shall refer to a licensing model where the rights to install and use the Software are allocated on a per user Each “seat” represents an individual license that grants usage rights to one user. The Licensee is required to purchase a corresponding number of “seats” within a Pack, which indicates the total quantity of licenses included, to match the number of users that will access the Software. For instance, if a Pack includes five (5) licenses, the Software may be installed and used by five (5) distinct users.

24. “Perpetual License” shall mean a license that allows the Licensee to use the components of the Software indefinitely, with the product version tied to the latest version available as defined by the Licensee’s subscription status. Access to updates and support may be limited to the subscription period.

25. “Premium Edition” refers to the version of the Software that provides access to all available features provided under the terms of the Data Scientist This access is granted upon activation with a license key and payment of the applicable License Fee. The Premium Edition includes additional functionalities and eligibility for receiving software updates. Continuation of access to these benefits and the use of the Premium Edition is contingent upon the Licensee maintaining a valid and active Data Scientist License under the terms and conditions set forth in the License Agreement.

26. “Public Domain” shall mean deployment rights for one (1) public domain, excluding intranet or internal applications.

27. “SaaS” shall mean a public website, or a service, which requires a login from the end- user, , an online bank website, trading service allowing exchanging stocks or currency.

28. “Software” shall mean LightningChart Python, including libraries, source code, examples, demo applications, and other material that is part of the Software or the Intellectual Property Rights of Licensor. The Software is designed for use within Data Science Tools and for the purposes of Data Science and visualization.

29. “Subscription” shall mean a licensing model associated with both Perpetual and Non-Perpetual License types, granting the Licensee access to the latest software updates for a designated period. The Subscription may also include access to technical Support Services, such as a specified number of support tickets, provided that these services are part of the particular license type purchased. The scope of Software updates and Support Services, along with their duration, is determined by the terms of the Subscription and may be modified by a separate agreement between the Licensor and the Licensee.

30. “Subscription Period” shall mean the duration for which the Licensee has paid the Licensing Fee and is granted the rights to use the Software. The Subscription Period can be monthly or yearly, as per the Licensee’s choice at the time of purchase.

31. “Support Services” shall mean installation, training, the answering of questions, and related services provided to the Licensee.

32. “Technology License” means an agreement where the owner of technical intellectual property grants another party the right to use, modify or re-sell the property in return for compensation.

33. “Trademark” shall mean any term or terms supplied by Licensor and used in any form or format, style, or design, as applied to Software in whatever form and identifies business names, trademarks, and service marks, as well as any goodwill and rights, at common- law or otherwise, pertinent to this EULA and refers to trademarks, service marks, and trade names.

34. “Trademark Registrations” shall mean any trademark registration or any other application or registration, foreign or domestic, made by Licensor now, or subsequently obtained.

35. “Trial Period” shall mean a fixed duration of seven (7) days from the date of activation, during which the Licensee is granted access to the full feature set of the Software for internal, non-public facing evaluation purposes without This period is set by the Licensor and is part of the Data Scientist (Free Edition with Trial Period) license type, which restricts the use of the Software to internal purposes only. Upon the expiration of the Trial Period, the Software automatically transitions to the Free Edition with minimal features, which the Licensee may continue to use indefinitely under the terms of this EULA. The Trial Period is established unilaterally by the Licensor and is subject to this single, non-renewable term without the necessity of further action or notice by the Licensor.

36. “Usage Rights” shall mean the specific licensed rights granted to the Licensee to install, access, and utilize the functionalities of the Software during the Subscription Period, subject to the restrictions outlined in this EULA. The Usage Rights are limited to the Subscription Period and terminate upon expiration.

ARTICLE IV – GRANTS – FOR NON-PERPETUAL DATA SCIENTIST LICENSES

1. General Grant for Data Scientist Licenses: Upon downloading, activating, or the payment of the License Fee, Licensor grants the Licensee a non-exclusive, non-transferable, Non-Perpetual License to install and use the Software. The scope and usage rights under this License are defined by the specific Data Scientist license type selected by the Licensee, including Data Scientist (Free Edition with Trial Period), or Data Scientist (Premium Edition).

2. Specific Data Scientist License Types and Scopes:

A. DATA SCIENTIST NON-PERPETUAL LICENSE (FREE EDITION WITH TRIAL PERIOD)

  1. The Data Scientist License (Free Edition with Trial Period) permits the Licensee to use the full feature set of the Software during the Trial Period of seven (7) days from the date of activation. Following the conclusion of the Trial Period, the Software will automatically transition to the Free Edition, which the Licensee may continue to use indefinitely with minimal features. No License Fee applies for the use of the Software during the Trial Period or when using the Free Edition thereafter.
  1. The Licensor reserves the right to modify, suspend, or discontinue the Free Edition of the Software at any time without prior In the event of such discontinuation, the Licensee shall have no claim against the Licensor for loss of access to the Free Edition of the Software.
  1. Licensor does not guarantee access to any specific edition or version of the software.
  1. Licensee is strictly prohibited from extending or restarting the Trial Period of the Software by any unauthorized Prohibited actions include, but are not limited to, manipulating the system date and time, employing virtualization technology to reset the Software, registering for multiple Trial Periods using different email addresses or identities, or otherwise attempting to restart the Trial Period after its conclusion under the same or a different company name, alias, or other legal entity. The Trial Period is limited to one per Licensee, and any attempt to access additional Trial Periods without express authorization from the Licensor constitutes a violation of this EULA. Unauthorized extensions or repetitions of the Trial Period are considered a material breach of this Agreement and may lead to termination of the License and potential legal action by the Licensor.

B. DATA SCIENTIST NON-PERPETUAL LICENSE (PREMIUM EDITION)

  1. The Data Scientist License (Premium Edition) permits the Licensee to install and use the Software during the duration of the Subscription Period only.
  2. The Software is licensed on a Subscription basis, not sold. The Subscription includes Usage Rights and Software Updates during the Subscription Period, unless excluded by separate agreement.
  3. The License automatically expires at the end of the Subscription Upon expiration of the Subscription, the license terminates and the Licensee’s right to install, access, or use the Software immediately ceases.
  4. Upon expiration of the Subscription Period, the License terminates, and the Licensee shall uninstall, delete, and destroy all copies of the Software.
  5. The Licensee does not retain any rights to the Software after the Subscription Period The Licensee must uninstall, delete, and destroy all copies of the Software upon expiration of the Subscription Period.
  6. The Licensee can renew the subscription to continue usage of the Subscription renewal extends the Subscription Period and grants continued access to updates.
  7. Licensor does not guarantee access to the same edition or version of the Software if a lapse in the Subscription occurs.

3. Common Provisions for Data Scientist Licenses:

A. The License granted herein is for Internal, non-public facing usage of the Software by the Licensee. Public-facing use of the Software, including but not limited to the development of applications, platforms, websites, or services that are accessible by the general public, is expressly prohibited under this License. Notwithstanding the foregoing, the Licensee may:

    • Display non-interactive results produced by the Software, including static images or screen recordings, on public platforms such as YouTube for demonstrative or educational purposes, provided these displays do not enable public interaction with the Software’s functionality.
    • Share the non-proprietary code used for analysis within the Software, including code snippets or full scripts, to foster transparency and collaboration in the field of data science. Such sharing should not include proprietary components of the Software and must not enable replication of or unauthorized access to the Software’s features.

    B. Interactive features of the Software, specifically interactive charts or any other elements that allow user interaction, must not be shared in a public-facing manner. Static representations of these interactive elements, such as screenshots or non- interactive visualizations, are permitted for inclusion in presentations, demonstrations, or educational content.

    C. Any use of the Software that contravenes the conditions set forth for internal, non- public facing usage, or that enables public-facing interaction with the Software’s functionality, will be considered a material breach of this EULA and may lead to immediate termination of the License at the discretion of the Licensor.

    D. This grant is for an End-User License granted to the Licensee only, not a Software Developer License.

    E. Each End-User using the Software, whether within Python Tools or Data Science Tools, is required to activate the Software with a valid License obtained from the Licensor.

    F. Validation of the License is performed with our license server, over the internet.

    G. The Licensor will not provide any support, updates, upgrades, or bug fixes for the Software used under the Data Scientist Licensee is encouraged to refer to online community resources or other similar technical support forums for any support or assistance required.

    H. The Licensee is permitted to upgrade from the Free Edition to the Premium Edition of the Data Scientist License, or from both Free and Premium Data Scientist License types to a Software Developer License, by paying the applicable License Fee. The original license key obtained during initial activation shall be used for the upgrade process. By proceeding with the upgrade, the Licensee agrees to comply with the terms and conditions associated with the upgraded license tier.

    I. Licensor reserves the right to terminate or revoke this License at any time for breach of the Agreement terms.

    J. Licensor does not sell the Software, Documentation, or Information to the Licensor remains the owner of all portions of the Software and Documentation provided Licensee at all times.

    K. Licensee is prohibited from using the Software on more than one computer per License, sharing license key(s), creating rival software or Derivative Works based on the Software or its source code, and reverse-engineering, decompiling, or disassembling the Software. Renting, leasing, or transferring the License to a third party, such as a subcontractor, without the Licensor’s knowledge, is also forbidden.

    L. Licensee is required to uphold the confidentiality of license key(s). Any disclosure or sharing of these key(s) in any form, including computer-readable formats or visible forms such as screenshots, to any third party is strictly prohibited.

    M. No other right or license, either expressed or implied, is granted by Licensor to Licensee with respect to any other Intellectual Property Rights owned or possessed by Licensor, except as expressly set forth in this EULA.

    ARTICLE V – GRANTS – FOR PERPETUAL SOFTWARE DEVELOPER LICENSES

    1. General Grant: Upon downloading, activating, and the payment of the License Fee, Licensor grants the Licensee a non-exclusive, non-transferable, Perpetual License to install and use the Software. The scope and usage rights under this License are defined by the specific Software Developer license type selected by the Licensee, including Publisher (Public Domain), Application Developer, SaaS, or Enterprise.
    1. Specific License Types and Scopes:

    A. PUBLISHER LICENSE (PUBLIC DOMAIN ONLY):

    1. The Publisher License permits the Licensee (limited to one (1) developer and one (1) project) to use the Software for designing, building, testing, and deploying public domain websites. This license is exclusive to one (1) public domain owned by the Licensee and does not extend to intranet or private internal application deployment.
    1. This license further includes access to two (2) support tickets within a one (1) year period.
    1. Under the terms of this EULA, and the grant of a license to a publisher, a Licensee may: (a) use the license for one public domain in such format as, e.g., www.domainname.com; (b) use the license for one (1) test domain, intended for deployment test; and (c) use a version of Software built before the Subscription expiring date.
    1. For unlimited/agreed count of domains and developers, e., more than ten (10) developers, Licensee must obtain an Enterprise license from Licensor. For development and redistribution of saleable and installable applications, including mobile applications, Licensee must obtain an Application Developer license from Licensor. Both types of licenses are set forth elsewhere in this EULA.
    1. Under the terms of this EULA, and the grant of a license to a publisher, a Licensee may not use the license for saleable/installable applications distribution.

    B. APPLICATION DEVELOPER LICENSE:

    1. The Application Developer License permits the Licensee to install and use the Software on a Per-Seat basis for designing, building, testing, and redistributing an unlimited number of installations royalty-free, for all devices, including mobile, tablets, laptops, and desktops, that Licensee creates. This license operates on a per-seat basis, meaning each developer using the Software must have their own purchased license. Licenses are assignable (transferable) to other developers via the Licensor’s customer portal, with each developer requiring a separate license.
    1. This license further includes access to two (2) support tickets within a one (1) year period.
    1. In case the license contract doesn’t permit unlimited distributions/installations, Licensee must contact Licensor to obtain a license for additional application deployments, herein referred to as the Application Deployment License. For development and deployment of public websites, public web applications or internal applications, applicable Publisher or SaaS license must be purchased by Licensee from Licensor.
    1. The Application Deployment License mentioned herein is solely for the purpose of application deployment activities. It does not encompass or authorize any development-related use of the Software, which includes, but is not limited to, the designing, building, testing, and development-stage deployment activities of any The use of the Application Deployment License for any such development purposes is strictly prohibited. Licensee acknowledges that for all development purposes the Application Developer License must be used. If more Application Developer Licenses are needed, then more seats can be purchased from the Licensor. Failure to adhere to this restriction constitutes a material breach of this EULA and may result in immediate termination of the License and all rights conferred hereunder.
    1. Under the terms of this EULA, and the grant of a license to a software developer, Licensee may: (a) develop applications for any device or any operating system; (b) integrate the Software to agreed count of applications and distribute them royalty-free; and (c) use a version of the Software built before the Subscription expiring date; (d) use the license for developing applications for Big Data Visualization or Data Analytics. In this circumstance, a Technology License is required. Contact Licensor for information about this.

    C. SOFTWARE-AS-A-SERVICE (SaaS) LICENSE:

    1. The SaaS License permits the Licensee to employ the Software for designing, building, testing, and deploying one (1) SaaS application on one (1) This license can be assigned (transferred) to another developer through Licensor’s Customer Portal. If the Software is to be used by five (5) or more developers, or if deployment is intended for more than one (1) domain, an Enterprise License and additional Deployment Domains must be purchased respectively.
    1. This license further includes access to two (2) support tickets within a one (1) year period.
    1. For additional/unlimited domains and developers, Licensee must obtain an Enterprise license from Licensor. For development and redistribution of saleable and installable applications, including mobile applications, Licensee must obtain Application Developer license from Licensor. Both types of licenses are set forth elsewhere in this Article.
    1. Under the terms of this EULA, and the grant of a license based on SaaS, a Licensee may: (a) use the license for one domain in such format as, g., www.domainname.com, m.domainname.com, and two subdomains for each domain, e.g., subdomain1.domainname.com and subdomain2.domainname.com; (b) use the license for one test domain, intended for deployment test; and (c) use a version of Software built before the Subscription expiring date.
    1. Under the terms of this EULA, and the grant of a license seat to a software developer, a Licensee may not use the license for saleable/installable applications distribution.

    D. ENTERPRISE LICENSE:

    1. The Enterprise License provides the Licensee with a per-seat, non-exclusive right to use the Software for designing, building, testing, and deploying – depending on the purchased configuration – public websites, public web applications, SaaS, desktop, mobile, and internal applications. The license can be assigned (transferred) to another developer through Licensor’s portal.
    1. This license further includes access to unlimited support tickets as well as access to priority technical support.
    1. Under the terms of this EULA, and the grant of an Enterprise License, Licensee may: (a) use the license for unlimited / agreed count of domains in such format as .com, , www.domainname.com, m.domainname.com and two subdomains for each domain such as subdomain1.domainname.com and subdomain2.domainname.com; (b) use the license for agreed count of test domains, intended for Deployment test; (c) use the license for deploying to unlimited / agreed count of installable / saleable applications; and (d) use a version of Software built before the Subscription expiring date.
    1. The use of license for deployment to more than agreed count of domains requires purchasing additional Deployment Domains. Deploying more than agreed count of saleable / installable applications requires purchasing additional Application Depending on the agreement between Licensor and Licensee, Enterprise license will provide the Licensee with: (a) an unlimited / agreed count of domains and applications for deploying; (b) an unlimited / agreed count of saleable / installable applications distributions; (c) an unlimited / agreed count of support tickets; (d) an unlimited / agreed count of seats; and (e) an unlimited / agreed count of unnamed intranet server deployments.
    1. As an option, Licensee can arrange with Licensor for access to the source code of the library. The source code of libraries allows modifying the Software and using the modified software in Licensee’s applications. Consultancy regarding source code is not included and should Licensee seek consultancy, the Licensee should contract Licensor as to same.

    3. Common Provisions for Software Developer Licenses:

    A. Under the terms of this EULA, and the grant of a License to a Software Developer, a Licensee may not: (a) distribute License key to 3rd parties, or publish it on-line and for publishing, the Licensee must use a Deployment key; (b) distribute login credentials to Customer portal; (c) use the Software by more than one developer per license, without written consent from Licensor; (d) create a rival software product based on the Software, its source code, examples source code, algorithms, or other material LightningChart has published; (e) create derivative software works, i.e., Licensee cannot assume ownership of the Software; (f) reverse-engineer, decompile or disassemble the Software; (g) rent or lease the Software to anyone; (h) transfer the license to 3rd party, such as sub-contractor, without informing Licensor; and (i) distribute source code of the Software to 3rd parties.

    B. Validation of the License is performed with our license server, over the internet.

    C. The Software is licensed on a Subscription basis, not sold. This Perpetual License allows the Licensee to use the Software However, access to Software updates and predefined technical services is linked to an active Subscription. The Licensee is entitled to software updates and technical Support Services for the duration of the Subscription, as agreed upon, unless otherwise specified by a separate agreement between Licensor and Licensee.

    D. Licensor does not sell the Software, Documentation, or Information to the Licensor remains the owner of all portions of the Software and Documentation provided Licensee at all times.

    E. The licensor distributes licenses on the per-seat model. The license provides the rights of use, to the predefined number of developer(s) (seats) included in the Each End-User using the Software within Python Tools or Data Science Tools is required to have a valid Subscription unless otherwise agreed upon or specified under a specific license type.

    F. If Licensee deploys a version of the library Licensee has built, License must obfuscate the library for security and IPR reasons. Further, Licensee must use an obfuscation tool, to prevent all license keys and deployment keys from being visible for reverse- engineering and disassembler tools. Consult Licensor for possible Licensor-made obfuscation tools.

    G. The Licensor retains all Intellectual Property Rights in the Software, associated Documentation, and any other proprietary rights owned or possessed by the Licensor. The Licensee is granted a limited, non-exclusive right to use the Software as expressly outlined in this EULA. No ownership rights are transferred, and no other rights or licenses, either expressed or implied, are granted with respect to the Software or any other Intellectual Property Rights of the Licensor, except as explicitly set forth in this EULA.

    ARTICLE VI – SUBSCRIPTION RENEWAL

    1. Subscription renewal extends the License Subscription Period and grants software updates and the agreed upon level of support for the renewed period. Subscription renewal should be completed before the original subscription’s expiry date. If not renewed within one (1) month after the expiry date, the subscription becomes ineligible for renewal. The renewed subscription starts from the previous subscription’s expiry date.
    1. Unused support tickets will become void on the day of the subscription The renewal either grants the original number of support tickets for current subscription or more if the Licensee wishes to upgrade the license plan. When the renewal is done the unused tickets will be replaced with new tickets the number of which is predefined by license subscription.
    1. A Subscription can be renewed through Licensor’s Customer Portal. If multiple licenses were purchased, then their renewal must be done for the whole set of Renewal does not affect the Deployment Domain count – the Deployment Domain count remains the same as before renewal.

    ARTICLE VII – RIGHT TO MONITOR SOFTWARE USE

    1. Licensor reserves the right to understand how the Software is used by Licensee in the context of monitoring the compliance with the terms of this EULA.
    1. Licensor reserves the right to track the Software usage by sending anonymized telemetry data to our servers, which includes an identifier for the Order and License key. This telemetry data, used solely for auditing compliance with the license terms, does not contain any identifiable information about the Licensee, the data being analysed using the Software in Data Science Tools, or the Licensee’s organization, location, or IP address.

    ARTICLE VIII – INTERNET CONNECTIVITY REQUIREMENTS

    1. Upon granting of a License, the Licensee’s system must have an active internet connection to validate the license key and permit usage of the Software. The Software will carry out periodic checks with the Licensor’s servers to authenticate the license key and monitor usage compliance.
    1. Offline license keys are not routinely The Software is designed and intended to be in regular communication with the Licensor’s servers to uphold ongoing license validation and usage compliance.
    1. Licensor may contemplate providing offline license keys for under certain These requests are evaluated on a case-by-case basis and require prior discussion and approval from the Licensor. Licensees are encouraged to contact the Licensor to discuss offline licensing options prior to any purchase or intended offline usage. It is important to note that the granting of offline licenses is at the sole discretion of the Licensor and is not guaranteed.
    1. Any use of the Software without proper license validation, including the use of blocked license keys or attempts to circumvent the internet connectivity requirements, is strictly prohibited. Such actions will be deemed a material breach of this Agreement and may result in legal actions, penalties, or other remedies as available to the Licensor.

    ARTICLE IX – WARRANTIES AND LIMITATIONS OF LIABILITY

    1. Licensor warrants to Licensee that the Licensor has tested the Software for computer virus and other malicious third-party software infections using commercially reasonable efforts according to prevailing industry standards.
    1. Licensor warrants that it is the rightful owner of the Software with the right to license it under this EULA, and that there are no outstanding agreements, understandings, or restrictions that would prevent it from performing its obligations under this EULA.
    1. Except for the warranties expressly stated in Paragraphs one (1) and two (2), the Software is provided by Licensee “AS IS” without any further warranties in connection with the license of the Software to Licensee, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
    1. Licensee shall hold harmless and indemnify Licensor, its agents, customers, successors, and assigns, from any claims, loss, damages, or liabilities related to or arising out of any breach by Licensee of this EULA and such agreements, understandings, or other restrictions. that may arise in connection with this Agreement and its appendices, or restrictions related to the Software.
    1. Licensee acknowledges that any alterations or modification made by Licensee to the Software has not been developed by Licensor to meet Licensee’s individual requirements and that it is, therefore, Licensee’s responsibility to ensure that the facilities and functions of the Software as described in this EULA meet Licensee’s requirements.
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    1. This Article, along with any other provisions that by their nature should survive, shall survive, and will remain in effect after the termination or expiration of this EULA.

    ARTICLE X – LICENSEE PERFORMANCE

    1. Licensee agrees to provide reasonable assistance to the Licensor in protecting and maintaining the Licensor’s intellectual property rights in the Software. This includes providing necessary cooperation in legal proceedings where the Licensor’s ownership, title, and interest in the Software’s intellectual property rights are challenged or require legal affirmation and defence. The Licensee’s obligations under this section are limited to actions that are directly related to the Licensee’s use of the Software and do not extend to proactive legal defences or unrelated legal actions involving the Licensor.
    1. Except as expressly provided in this EULA, Licensee shall not transfer, rent, lease, modify, translate, sublicense, electronically transmit or receive the “source code” or “documentation” or share or provide the “source code” or “documentation” to any third party in any form. Licensee will not disassemble, decompile, or reverse engineer the Software or attempt to do the same. Licensee also will not permit or assist any third party to disassemble, decompile or reverse engineer the Software. Licensee will not permit a Customer-Sublicensee or End User to copy or otherwise make copies of the Software.
    1. Except as otherwise provided for in this EULA, Licensee may not: (a) distribute the license key files, license key strings or setup files of the Software; (b) allow the use the Software on more than one (1) computer per license, without prior written consent from Licensor; (c) share the license key(s) of Software with others; (d) create a rival software product based on the Software or its source code; (e) create derivative software works of the Software; and (f) reverse-engineer, decompile or disassemble the Software.

    ARTICLE XI – SUPPORT OBLIGATIONS

    1. Licensor shall provide Support Services to Licensee only if such Support Services are included in the purchased License When included, Licensor’s Support obligation under this EULA is limited to making reasonable efforts to resolve issues submitted by Licensee through electronic means, which shall exclude any on-site support services unless specifically agreed upon by both parties in writing.
    1. Licensor reserves the right to subcontract its Support obligations to qualified third parties. Any subcontracted party will be held to the same standards of service as outlined in this EULA.
    1. Support services under this EULA are subject to the specific terms of the License package purchased by the Licensee. In the event that the License package includes a limited number of support tickets, the Licensee is responsible for purchasing additional support tickets as needed to address any issues beyond the scope of the included Support Services.

    ARTICLE XII EXPORT CONTROL

    1. The following information is provided to Licensee for information purposes The Licensor shall bear no responsibility if the following information becomes inaccurate. Should Licensee desire to ship, transfer or export into any country the Software and its accompanying reference manuals, it shall be the responsibility of the Licensee to obtain the consents and licenses as may be required from time to time under the relevant laws, restrictions or regulations that may regulate such export.
    1. The Software does not enter into any restricted categories (there is no Export Control Classification Number). The Export Control Classification Number for the Software is “EAR99”, and shipment designation “NLR”. The United States-based licensees of the Software distributing the Licensee application worldwide should therefore use “EAR99” or “NLR”, to re-export the Software if the Licensee application does not embed any other restrictive technology international embargo rules that apply to all products shall apply to re-export of the Software and export of Licensee’s applications.

    ARTICLE XIII – FORCE MAJEURE

    1. Neither party shall be responsible for any failures or delays which are due to causes beyond its control, including, without limitation, acts of government, war, fires, floods, or strikes.

    ARTICLE XIV – RECORDS

    1. Licensee shall keep full and accurate written records in sufficient detail, and in accordance with this EULA, to permit verification of compliance and duties owed under this EULA, including, but not limited to the sums payable to Licensor under this EULA.
    1. Licensee must provide to Licensor, or procure of Licensor, upon reasonable notice and during normal business hours, reasonable evidence of compliance with the terms of this EULA.
    1. Upon request, Licensee will provide Licensor with a written statement of compliance signed by the Licensee, or an electronic license audit report, stating compliance with the terms and conditions of the EULA, including but not limited to the number of licenses held.

    ARTICLE XV – LITIGATION INVOLVING THIRD PARTIES

    1. In the event that the Licensee shall become aware of an infringement by third parties of anything licensed under this EULA, it shall promptly notify the Licensor of such infringement, and it shall do such acts and provide such information to Licensor that would be necessary or desirable in relation to this EULA.

    ARTICLE XVI – INDEMNIFICATION – PROTECTIONS FOR LICENSEE

    1. In the event the originally downloaded Software provided by Licensor to Licensee becomes subject and determined to be responsible for a claim of infringement of any intellectual property of a third party, Licensor shall promptly, at its own discretion and expense, either: (1) Modify its original contents to make it non-infringing; or (2) Settle the claim by procuring for Licensee the right to continue using the software; or (3) Indemnify Licensee for any and all loss, cost, damage, settled claim, or liability, including reasonable attorney and professional fees and costs, and the cost of settlement, compromise, judgment, or verdict incurred by Licensee arising out of or relating to any actual determined direct patent infringement; unlawful disclosure, use, or misappropriation of a trade secret; or violation of any other intellectual property right. Licensee will not enter into any settlement of a claim described in this EULA without Licensor’s prior written consent, which will not be unreasonably withheld.

    ARTICLE XVII – INDEMNIFICATION – PROTECTIONS FOR LICENSOR

    1. In the event the Licensee alters the originally downloaded Software provided by Licensor and subsequently Licensee’s alterations and modifications of the licensed Software becomes subject and determined to be responsible for a claim of infringement of any intellectual property of a third party while also subsequently determined not to be any infringement by Licensor’s originally provided Software, Licensee shall promptly, at its own discretion and expense, either: (1) Modify its alterations of the originally provided Software contents to make it non-infringing; or (2) Settle the claim at Licensee’s full expense to procure the right to continue using the software; or (3) Indemnify Licensor for any and all loss, cost, damage, settled claim, or liability, including reasonable attorney and professional fees and costs, and the cost of settlement, compromise, judgment, or verdict incurred by Licensor arising out of or relating to any actual determined direct patent infringement; unlawful disclosure, use, or misappropriation of a trade secret; or violation of any other intellectual property right. Licensee will not enter into any settlement of a claim described in this EULA without Licensor’s prior written consent, which will not be unreasonably withheld.

    ARTICLE XVIII – PERFORMANCE COMPARISONS AND BENCHMARKS

    1. Taking Licensor’s Software into a performance comparison test or publishing such test results without permission given by Licensor beforehand in writing, is strictly forbidden. Licensor does not permit Licensor or LightningChart trade names, registered trademarks, company names, brand names or alike to be used as a reference of any kind without permission given by Licensor beforehand in writing. Direct and indirect damages inflicted by violating these terms will be claimed from the violating party to the maximum extent by applicable law.

    ARTICLE XIX – REFERENCE CUSTOMER

    1. Licensor may use Licensee as a reference customer unless requested not to do so by Licensee.

    ARTICLE XX – VIOLATION OF LICENSING TERMS

    1. If Licensee has neglected payment of Software royalties or in any way violated the terms of the EULA, Licensor has the right to immediately terminate the EULA and all services regarding Software. Upon such case, Licensor may black-list the license keys and refuse all Support Services.
    1. If Licensee has neglected the mandatory obfuscation of source code of the Software, or published or leaked license keys, or Confidential Information by Licensee, may lead into legal actions and claim of damage by Licensor.

    ARTICLE XXI – EULA REVISIONS

    1. Licensor keeps the right to modify the EULA for Customer-Sublicensees and End Users, to comply with current software version, current license types available, service levels, and licensing violations that Licensor encounters. Licensor will publish the newest available EULA to Licensor’s website, where it can be found in under product info, or menu structure directly. The revisions of EULA’s are identified by date. Licensee must check the current version of EULA when selling subscriptions of the Software to Customer-Sublicensees and End Users.

    ARTICLE XXII – CONFIDENTIALITY

    1. Confidential Information and Information is the essence of this Accordingly, Licensee, on behalf of itself and its Employees, agrees that all of such Confidential Information and Information of Licensor shall be held in confidence by Licensee and that Licensee shall neither use such Confidential Information or Information for itself nor disclose it to others, nor (directly or indirectly) assist others to use it for itself or others without the express and advance written permission of Licensor.
    1. Except as expressly provided in this EULA, Licensee shall not transfer, rent, lease, modify, translate, sublicense, electronically transmit or receive the “source code” or “documentation” or share or provide the “source code” or “documentation” to any third party in any form. Licensee will not disassemble, decompile, or reverse engineer the Software or attempt to do the same. Licensee also will not permit or assist any third party to disassemble, decompile or reverse engineer the Software.
    1. The provisions of this section shall survive the termination of this EULA.

    ARTICLE XXIII – NON-COMPETITION

    1. Licensee shall refrain from making, using, marketing, or setting up to make, use, or market, any computer program or service in competition with the Software, and Licensee shall also refrain from, directly or indirectly, aiding others from making, using, or marketing, or setting up to make, use, or market any program in competition with Software, during the term of this EULA and for a period of two (2) years after its termination or expiration.
    1. Licensee is perpetually prohibited, without any time limit, from developing, participating in the development of, or contributing to any competitor products or services that are based on, derived from, or otherwise utilize the intellectual property rights of LightningChart. This prohibition remains in effect indefinitely, even beyond the termination or expiration of this License Agreement.
    1. Licensee shall not own, manage, operate, consult or be employed in the business developing, selling, licensing of packaged Charting development services or software determined to be a Competing Business of Licensor or facilitate a Competing Business through any affiliates, employees, associates or any related parties and “upon downloading this software” Licensee will be in direct violation of the terms of this agreement and any resulting damages, loss of business relationships, clients, financial loss or any harm determined to be inflicted upon Licensor will be immediately enforceable subject to appropriate business, intellectual property and copyright laws.
    1. This Section, along with any other provisions that by their nature should survive, shall survive and will remain in effect after the termination or expiration of this EULA.

    ARTICLE XXIV – SEVERABILITY

    1. Whenever possible, each provision of this EULA shall be construed and interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this EULA or the application thereof to any party or circumstance shall be prohibited by or invalid under applicable Finnish law, such provision shall be effective to the extent such prohibition without invalidating the remainder of such provision or any other provision of this EULA or the application of such provision to other parties under the circumstances.

    ARTICLE XXV – TERM

    1. This EULA shall commence on the Effective Date, i.e., the date the Software is downloaded by Licensee, first usage, or the commencement of a License, whichever is earlier, and will remain in full force and effect for the period of the License and / or Subscription unless terminated earlier pursuant to the terms of this EULA.

    ARTICLE XXVI – TERMINATION

    1. In the event Licensee is sold, purchased, and/or merged with another Entity, this EULA shall automatically terminate thirty (30) days after the event involving the sale, purchase, or merger.
    1. If Licensee is in breach of any term or condition of this EULA and shall fail to remedy such breach within ten (10) days after written notice of such breach, Licensor, in its sole discretion, will provide to Licensee a written termination of this EULA.

    ARTICLE XXVII – JURISDICTION / DISPUTES / ARBITRATION / FEES

    1. This EULA shall be deemed entered into in the Country of Finland and shall be construed and governed solely by the laws of Finland without reference to its choice of law rules.
    1. The parties agree that the sole venue of any controversy, claim or dispute arising from this EULA, or the breach, termination or validity thereof shall lie by arbitration in accordance with the Rules of Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland and conducted in the English language.
    1. In the event of any arbitration arising from or related to this EULA, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party.

    ARTICLE XXVIII – TITLES AND DEFINITIONS

    1. The Article titles of this EULA are inserted for convenience only, and they shall not be construed as limiting in any manner.

    ARTICLE XXIX – ASSIGNMENT

    1. The rights, benefits, and obligations granted to both the Licensee and the Licensor under this EULA are personal. Neither party may assign or transfer these rights, benefits, or obligations without the consent of the other party, unless otherwise specified within this EULA.

    ARTICLE XXX – ENFORCEMENT OF RIGHTS

    1. The failure to enforce any of the terms and conditions of this EULA by either of the parties shall not be deemed a waiver of any other right or privilege under this EULA or a waiver of the right to claim damages for any deficiencies resulting from any misrepresentation, breach of warranty, or nonfulfillment of any obligation of any other party.
    1. In order for there to be a waiver of any term or condition of this EULA, such waiver must be in writing, and such waiver must be signed by the party making such waiver.

    ARTICLE XXXI – NON-DISPARAGEMENT

    1. During the term of this EULA and thereafter, the Licensee agrees to refrain from making disparaging or derogatory statements, remarks, or comments about the Licensor, its agents, partners, officers, directors, employees, or representatives in public forums or to any third parties not associated with the Licensee if such conduct could adversely affect the Licensor’s reputation or business prospects.
    1. Notwithstanding the above, this clause does not restrict the Licensee’s right to conduct private discussions or assessments about the Licensor and its products or Such private communications should be undertaken in good faith and without the intent to harm the reputation or business prospects of the Licensor.
    1. Licensee shall ensure that all private communications concerning the Licensor, its products, or services are treated as confidential and are not disclosed to any third parties, except as may be required by law or in the ordinary course of internal business operations.
    1. Licensee is encouraged to communicate directly with the Licensor to address any concerns or issues that may arise during the course of this License Agreement in an effort to resolve such matters amicably and constructively.

    ARTICLE XXXII – AGENCY / INDEPENDENT CONTRACTORS

    1. The parties to this EULA are not, and shall not hold themselves out to be, partners or joint venturers nor is either party authorized or empowered to act as the agent for the other.
    1. The relationship established by this EULA is solely that of independent contractors. Neither party is to be considered an employee, agent, partner, or joint venturer of the other under any circumstances.

    ARTICLE XXXIII – FINANCE / FINTECH / TRADING APPLICATIONS USE

    1. Using LightningChart Python in any Finance / Fintech / Trading application, platform, or website is strictly forbidden without LightningChart’s written consent.