LightningChart Python Beta

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 Beta Software under the terms of this limited-time license (“Licensee”).
The Effective Date of this agreement is the earlier of the date of download or first usage.

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 Beta Software 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; and

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

WHEREAS, Licensor is willing to grant a license to Licensee for the use of the Beta Software on a limited 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 Beta Software, including all components, libraries, source code, examples, demo applications, documentation and other materials that can be considered to be part of the Beta Software or the Intellectual Property of Licensor.

2. By accessing, installing, copying, or otherwise using the Beta 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 Beta Software, must not copy the Beta Software and is to delete any and all copies of the Beta 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. “Beta” shall mean a pre-release version of the Software that may not be fully functional, is still under testing, and is provided to Licensee for the purpose of evaluation and feedback.

3. “Beta Period” shall mean the period commencing on the Effective Date and ending on the earlier of: (a) the date when a commercial version of the Beta Software is released by Licensor, or (b) the date when the Licensor decides to end the Beta testing phase.

4. “Beta Software” shall refer to the LightningChart Python Beta Software, which includes any associated libraries, source code, examples, demo applications, and other materials considered part of or related to the Beta Software and the Intellectual Property Rights of the Licensor. The Beta Software is provided under this EULA solely for use within the Beta Period, as defined in this Article. It is designed specifically for integration with Data Science Tools, and its primary application is for Data Science and data visualization purposes.

5. “Confidential Information” shall mean the confidential and/or proprietary information of Licensor including Beta 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.

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

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

8. “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.

9. “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.

10. “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 Beta Software.

11. “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.

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

13. “End-User License” (often referred to as a 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.

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

15. “Information” shall mean any and all information relating to or arising out of the Beta 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.

16. “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.

17. “Internal” shall mean use of the Beta 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 Beta Software for developing or providing publicly available or outward facing applications, platforms, websites, services, or other products.

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

19. “Limited-Time License” shall mean a revocable, non-exclusive, non-transferable agreement granted by the Licensor to the Licensee, providing the right to install and use the Beta Software solely for testing and evaluation purposes during the Beta Period. This Limited-Time License commences on the Effective Date and concludes on the earlier of: (a) the date when a commercial version of the Beta Software is made available by the Licensor, or (b) the date when the Licensor elects to terminate the Beta testing phase. The Limited-Time License stipulates specific Usage Rights for the Licensee as outlined in this EULA and does not involve subscription fees, recurring payments, or the need for a formal notice of termination from the Licensor upon the natural expiration of the Beta Period.

20. “Support Services” shall mean the resources provided on Licensor’s website, including installation guides, training materials, FAQs, and related Direct technical support or query response is not included under this EULA.

21. “Trademark” shall mean any term or terms supplied by Licensor and used in any form or format, style, or design, as applied to Beta 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.

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

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

ARTICLE IV – GRANTS – FOR NON-PERPETUAL DATA SCIENTIST LIMITED-TIME BETA LICENSE

1. By downloading, activating and the payment of the License Fee (if any), Licensor grants the Licensee a non-exclusive, non-transferable, non-perpetual Limited-Time License to install and use the Beta Software during the duration of the Beta Period only, which is defined as the period starting from the Effective Date and ending on the earlier of: (a) the date when a commercial version of the Software is released by Licensor, or (b) when the Licensor decides to end the Beta testing phase.

2. This grant is for Internal, non-public facing usage of the Beta Software by the Licensee only. Any public-facing use of the Beta Software, including but not limited to, the development of public-facing applications, platforms, websites, or services, is expressly prohibited under this License.
3. Any use of the Beta Software outside of Internal, non-public facing activities constitutes a material breach of this EULA and may result in immediate termination of the License, at the sole discretion of the Licensor.

4. The License granted herein is solely for the Licensee’s individual use, and not for sublicense, resale, or distribution. This is not a Software Developer License.

5. Each End-User using the Software within Python Tools or Data Science Tools is required to have a valid License.

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

7. The Beta Software is provided under a Limited-Time License, not sold. This Limited-Time License grants the Licensee Usage Rights during the Beta Period, as defined in this EULA.

8. The License automatically expires at the end of the Beta Period. Upon expiration of the Subscription, the license terminates and the Licensee’s right to install, access, or use the Software immediately ceases. Upon such expiration, the Licensee must cease use of the Beta Software and shall uninstall, delete destroy all copies, whether in digital or printed format, in their possession or control.

9. The Licensee does not retain any rights to the Software after the Beta Period ends. The Licensee must uninstall, delete, and destroy all copies of the Software upon expiration of the Beta Period.

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

11. The Licensor does not guarantee that the Licensee will have access to any particular version or features of the Beta Software after the Beta Period, and the Licensor reserves the right to modify, suspend, or discontinue the Beta Software at any point.

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

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

14. 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.

15. 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 – FEEDBACK AND REPORTING

1. Licensee is encouraged to provide timely feedback to the Licensor regarding the performance, user experience, and any bugs or issues encountered while using the Beta Software. This feedback is crucial for the Licensor to improve the Software’s functionality and performance.

2. The Licensee encouraged to report any bugs, errors, or other difficulties along with any suggestions for product or service improvements, in a detailed manner to the Licensor. Feedback can be provided via the designated channels provided by the Licensor for this purpose.

3. Unless otherwise agreed in writing, all feedback, reports, and suggestions provided by the Licensee will be considered non-confidential and non-proprietary, and the Licensor shall have the right to use such information without restriction and without

ARTICLE VI – SUPPORT AND TECHNICAL ASSISTANCE

1. Technical support for the Beta Software is not provided under this EULA. Licensees are directed to Licensor’s website resources and documentation for assistance.

ARTICLE VII – RIGHT TO MONITOR SOFTWARE USE

1. Licensor reserves the right to understand how the Beta Software is used by Licensee in the context of monitoring and ensuring compliance with the terms of this EULA.

2. Licensor reserves the right to track usage of the software by sending and collecting small amounts of anonymous telemetry data, including a unique identifier and usage at design time, for license auditing purposes. This data does not include any personal or identifiable information about your users, developers, organisation, location, IP address or any other way to identify the end-user of the software.

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 Beta Software will carry out periodic checks with the Licensor’s servers to authenticate the license key and monitor usage compliance.

2. The Beta Software is designed and intended to be in regular communication with the Licensor’s servers to uphold ongoing license validation and usage compliance.

3. Any use of the Beta 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 Beta Software for computer virus and other malicious third-party software infections using commercially reasonable efforts according to prevailing industry standards.

2. Licensor warrants that it is the rightful owner of the Beta 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.

3. Except for the warranties expressly stated in Paragraphs 1 and 2, the Beta Software is provided by Licensee “AS IS” without any further warranties in connection with the license of the Beta Software to Licensee, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

4. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE BETA SOFTWARE IS AT THEIR SOLE RISK. THE BETA SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR TESTING AND EVALUATION PURPOSES. LICENSOR DOES NOT WARRANT THAT THE BETA SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BETA SOFTWARE WILL MEET THE LICENSEE’S SPECIFIC REQUIREMENTS. GIVEN THE NATURE OF THE BETA SOFTWARE, THE LICENSEE UNDERSTANDS AND ACKNOWLEDGES THAT THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. CONSEQUENTLY, THE BETA SOFTWARE IS PROVIDED TO THE LICENSEE WITH THE UNDERSTANDING THAT IT IS NOT FULLY TESTED AND MAY CONTAIN DEFECTS, AND IT IS THE LICENSEE’S RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST POSSIBLE DAMAGES TO THEIR SYSTEMS OR OPERATIONS. THE LICENSOR DISCLAIMS ANY WARRANTY FOR THE BETA SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 

5. 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.

6. 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.

7. 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 BETA SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. 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 Beta Software. This includes providing necessary cooperation in legal proceedings where the Licensor’s ownership, title, and interest in the Beta 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 Beta Software and do not extend to proactive legal defences or unrelated legal actions involving the Licensor.

2. 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 Beta 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 Beta Software.

3. 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 Beta Software; (b) allow the use the Beta Software on more than one (1) computer per license, without prior written consent from Licensor; (c) share the license key(s) of Beta 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 Beta Software.

ARTICLE XI – EXPORT CONTROL

1. The following information is provided to Licensee for information purposes only. The Licensor shall bear no responsibility if the following information becomes inaccurate. Should Licensee desire to ship, transfer or export into any country the Beta 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.

2. The Beta Software does not enter into any restricted categories (there is no Export Control Classification Number). The Export Control Classification Number for the Beta Software is “EAR99”, and shipment designation “NLR”. The United States-based licensees of the Beta 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 XII – 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 XIII – 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.

2. 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.

3. 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 XIV – LITIGATION INVOLVING THIRD PARTIES

1. In the event that Licensee becomes aware of any third-party infringement related to this License Agreement, Licensee must promptly notify the Licensor of such infringement and provide assistance and information to Licensor that would be necessary or desirable in relation to this EULA.

ARTICLE XV – INDEMNIFICATION – PROTECTIONS FOR LICENSEE

1. In the event the originally downloaded Beta 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 XVI – INDEMNIFICATION – PROTECTIONS FOR LICENSOR

1. In the event the Licensee alters the originally downloaded Beta Software provided by Licensor and subsequently Licensee’s alterations and modifications of the licensed Beta 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 Beta Software, Licensee shall promptly, at its own discretion and expense, either: (1) Modify its alterations of the originally provided Beta 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 XVII – PERFORMANCE COMPARISONS AND BENCHMARKS

1. Taking Licensor’s Beta 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 XVIII – REFERENCE CUSTOMER

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

ARTICLE XIX – 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.

2. 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 XX – EULA REVISIONS

1. Licensor keeps the right to modify the EULA for 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.

ARTICLE XXI – CONFIDENTIALITY

1. Confidential Information and Information is the essence of this EULA. Accordingly, Licensee, on behalf of itself and its Employees, agrees that all 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.

2. 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.

3. The provisions of this section shall survive the termination of this EULA.

ARTICLE XXII – 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 Beta 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 Beta Software, during the term of this EULA and for a period of two (2) years after its termination or expiration.

2. 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.

3. 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.

4. 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 XXIII – 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 XXIV – TERM

1. This EULA shall commence on the Effective Date, i.e., the date the Beta Software is downloaded by Licensee, first usage, or the commencement of a beta or trial license, whichever is earlier.

2. The EULA will remain in full force and effect until the end of the Beta Period as defined in both Article III, Section 3 and Article IV, Section 1, unless terminated earlier pursuant to the terms of this EULA.

ARTICLE XXV – 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.

2. 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.

3. This EULA, and the License granted hereunder, will automatically terminate at the end of the Beta Period without notice. Licensee acknowledges that the Software may cease to operate after the Beta Period has ended.

ARTICLE XXVI – 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.

2. 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.

3. In the event of any arbitration arising from or related to this EULA, the prevailing party in such dispute shall be entitled to recover its reasonable costs and attorney’s fees incurred during the arbitration proceedings.

ARTICLE XXVII – 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 XXVIII – ASSIGNMENT

1. The rights, benefits, and obligations granted to both the Licensee and the Licensor under this EULA are personal to each party. 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 XXIX – 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.

2. 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 XXX – 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.

2. 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 service. Such private communications should be undertaken in good faith and without the intent to harm the reputation or business prospects of the Licensor.

3. 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.

4. 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 XXXI – 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.

2. 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 XXXII – FINANCE / FINTECH / TRADING APPLICATIONS USE

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