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End user licence agreement

    1. Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.
    2. By clicking "accept agreement" when you first install the Software, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of this EULA, you must click "reject agreement" during the installation process and promptly return the Software (on the media upon which the Software was provided) to your supplier. Upon returning the Software and providing proof of purchase, you will be entitled to a refund.
    3. By agreeing to be bound by this EULA, you further agree that any person you authorise to use the Software will comply with the provision of this EULA.

    1. Definitions

    2. In this EULA, except to the extent expressly provided otherwise:
      1. "Charges" means those amounts that the parties have agreed in writing shall be payable by the User to the Licensor in respect of this EULA;
      2. "Documentation" means the documentation for the Software produced by the Licensor and delivered or made available by the Licensor to the User;
      3. "Effective Date" means the date upon which the User gives the User's express consent to this EULA, following the issue of this EULA by the Licensor;
      4. "EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;
      5. "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
      6. "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
      7. "Licensor" means UAB Reaktyvins idjos of Švitrigailos g. 11K-109, LT-03228 Vilnius;
      8. "Licensor Indemnity Event" has the meaning given to it in Clause 11.1;
      9. "Maintenance Services" means the supply to the User and application to the Software of Updates and Upgrades;
      10. "Services" means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;
      11. "Software" means Exocharts;
      12. "Software Defect" means a defect, error or bug in the Software having an adverse effect on the appearance, operation, functionality or performance of the Software, but excluding any defect, error or bug caused by or arising as a result of:
        1. any act or omission of the User or any person authorised by the User to use the Software;
        2. a failure of the User to perform or observe any of its obligations in this EULA; and/or
        3. an incompatibility between the Software and any other system, network, application, program, hardware or software not specified as compatible in the Software Specification;
      13. "Software Specification" means the specification for the Software set out in the Documentation;
      14. "Source Code" means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code comprised in the Software;
      15. "Term" means the term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
      16. "Update" means a hotfix, patch or minor version update to the Software;
      17. "Upgrade" means a major version upgrade of the Software;
      18. "User" means the person to whom the Licensor grants a right to use the Software under this EULA; and
      19. "User Indemnity Event" has the meaning given to it in Clause 11.3.

    1. Term

    2. This EULA shall come into force upon the Effective Date.
    3. This EULA shall continue in force until [event], upon which this EULA shall terminate automatically, subject to termination in accordance with Clause 13 or any other provision of this EULA.

    1. Licence

    2. The Licensor hereby grants to the User from the date of supply of the Software to the User until the end of the Term a worldwide, non-exclusive licence to:
      1. install a single instance of the Software;
      2. use a single instance of the Software in accordance with the Documentation; and
      3. create, store and maintain up to 5 back-up copies of the Software,
      subject to the limitations and prohibitions set out and referred to in this Clause 3.
    3. The User may not sub-license and must not purport to sub-license any rights granted under Clause 3.1 without the prior written consent of the Licensor.
    4. Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any licence granted under this Clause 3 shall be subject to the following prohibitions:
      1. the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software;
      2. the User must not alter, edit or adapt the Software; and
      3. the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.
    5. The User shall be responsible for the security of copies of the Software supplied to the User under this EULA (or created from such copies) and shall use all reasonable endeavours (including all reasonable security measures) to ensure that access to such copies is restricted to persons authorised to use them under this EULA.

    1. Source Code

    2. Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.

    1. Maintenance Services

    2. The Licensor shall provide the Maintenance Services to the User during the Term.
    3. The Licensor shall provide the Maintenance Services in accordance with the standards of skill and care reasonably expected from a leading service provider in the Licensor's industry.
    4. The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the Licensor will not introduce any Software Defects into the Software.
    5. The Licensor warrants to the User that the application of Updates and Upgrades to the Software by the User in accordance with the instructions of the Licensor will not introduce any Software Defects into the Software.
    6. The Licensor may suspend the provision of the Maintenance Services if any amount due to be paid by the User to the Licensor under this EULA is overdue, and the Licensor has given to the User at least 5 days' written notice, following the amount becoming overdue, of its intention to suspend the Maintenance Services on this basis.
    7. Either party may terminate the Maintenance Services by giving to the other party at least 15 days written notice expiring on or at any time after the first anniversary of the Effective Date.
    8. If the Licensor stops or makes a good faith decision to stop providing maintenance services in relation to the Software to its customers generally, then the Licensor may terminate the Maintenance Services by giving at least 90 days' written notice of termination to the User.
    9. If the Maintenance Services are terminated in accordance with the provisions of this Clause 5:
      1. the User must pay to the Licensor any outstanding Charges in respect of Maintenance Services provided to the User before the termination of the Maintenance Services;
      2. the Licensor may refund to the User any Charges paid by the User to the Licensor in respect of Maintenance Services that were to be provided to the User after the termination of the Maintenance Services; and
      3. the provisions of this Clause 5, excluding this Clause 5.8, shall cease to apply, but the other provisions of this EULA will continue notwithstanding such termination.

    1. No assignment of Intellectual Property Rights

    2. Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.

    1. Charges

    2. The User shall pay the Charges to the Licensor in accordance with this EULA.
    3. All amounts stated in or in relation to this EULA are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the User to the Licensor.

    1. Payments

    2. The Licensor shall issue an invoice for the Charges to the User when User requests by written form by email.
    3. The User must pay the Charges to the Licensor in advance.
    4. The User must pay the Charges by debit card, credit card, direct debit, paypal, crypto payments (using such payment details as are notified by the Licensor to the User from time to time).

    1. Warranties

    2. The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
    3. The Licensor warrants to the User that:
      1. the Software will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and
      2. the Software shall incorporate security features reflecting the requirements of good industry practice.
    4. The Licensor warrants to the User that the Software, when used by the User in accordance with this EULA, will not breach any laws, statutes or regulations applicable under European Union and Lithuanian law.
    5. The Licensor warrants to the User that the Software, when used by the User in accordance with this EULA, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.
    6. If the Licensor reasonably determines, or any third party alleges, that the use of the Software by the User in accordance with this EULA infringes any person's Intellectual Property Rights, the Licensor may acting reasonably at its own cost and expense:
      1. modify the Software in such a way that it no longer infringes the relevant Intellectual Property Rights, providing that any such modification must not introduce any Software Defects into the Software and must not result in the Software failing to conform with the Software Specification; or
      2. procure for the User the right to use the Software in accordance with this EULA.
    7. The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.
    8. All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.

    1. Acknowledgements and warranty limitations

    2. The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.
    3. The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.
    4. The User acknowledges that the Software is only designed to be compatible with that software specified as compatible in the Software Specification; and the Licensor does not warrant or represent that the Software will be compatible with any other software.
    5. The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to the Software; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the User or any other person.

    1. Indemnities

    2. The Licensor shall indemnify and shall keep indemnified the User against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the User and arising directly or indirectly as a result of any breach by the Licensor of this EULA (a "Licensor Indemnity Event").
    3. The User must:
      1. upon becoming aware of an actual or potential Licensor Indemnity Event, notify the Licensor;
      2. provide to the Licensor all such assistance as may be reasonably requested by the Licensor in relation to the Licensor Indemnity Event;
      3. allow the Licensor the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the Licensor Indemnity Event; and
      4. not admit liability to any third party in connection with the Licensor Indemnity Event or settle any disputes or proceedings involving a third party and relating to the Licensor Indemnity Event without the prior written consent of the Licensor,
      and the Licensor's obligation to indemnify the User under Clause 11.1 shall not apply unless the User complies with the requirements of this Clause 11.2.
    4. The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of this EULA (a "User Indemnity Event").
    5. The Licensor must:
      1. upon becoming aware of an actual or potential User Indemnity Event, notify the User;
      2. provide to the User all such assistance as may be reasonably requested by the User in relation to the User Indemnity Event;
      3. allow the User the exclusive conduct of all disputes, proceedings, negotiations and settlements with third parties relating to the User Indemnity Event; and
      4. not admit liability to any third party in connection with the User Indemnity Event or settle any disputes or proceedings involving a third party and relating to the User Indemnity Event without the prior written consent of the User,
      without prejudice to the User's obligations under Clause 11.3.
    6. The indemnity protection set out in this Clause 11 shall not be subject to the limitations and exclusions of liability set out in this EULA.

    1. Limitations and exclusions of liability

    2. Nothing in this EULA will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law,
      and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.
    3. The limitations and exclusions of liability set out in this Clause 12 and elsewhere in this EULA:
      1. are subject to Clause 12.1; and
      2. govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.
    4. The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
    5. The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
    6. The Licensor will not be liable to the User in respect of any loss of revenue or income.
    7. The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
    8. The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
    9. The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
    10. The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the greater of:
      1. the total amount paid and payable by the User to the Licensor under this EULA in the 3 month period preceding the commencement of the event or events.

    1. Termination

    2. The Licensor may terminate this EULA without notice.
    3. The User may terminate this EULA by giving to the Licensor not less than 30 days' written notice of termination, expiring at the end of any calendar month.
    4. Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
      1. the other party commits any material breach of this EULA, and the breach is not remediable;
      2. the other party commits a material breach of this EULA, and the breach is remediable but the other party fails to remedy the breach within the period of 30 days following the giving of a written notice to the other party requiring the breach to be remedied; or
      3. the other party persistently breaches this EULA (irrespective of whether such breaches collectively constitute a material breach).
    5. Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
      1. the other party:
        1. is dissolved;
        2. ceases to conduct all (or substantially all) of its business;
        3. is or becomes unable to pay its debts as they fall due;
        4. is or becomes insolvent or is declared insolvent; or
        5. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
      2. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
      3. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under this EULA); or
      4. if that other party is an individual:
        1. that other party dies;
        2. as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
        3. that other party is the subject of a bankruptcy petition or order.
    6. The Licensor may terminate this EULA immediately by giving written notice to the User if:
      1. any amount due to be paid by the User to the Licensor under this EULA is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and
      2. the Licensor has given to the User at least 3 days' written notice, following the failure to pay, of its intention to terminate this EULA in accordance with this Clause 13.5.

    1. Effects of termination

    2. Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 8.2, 11, 12, 14, 15 and 16.
    3. Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.
    4. Within 30 days following the termination of this EULA for any reason:
      1. the User must pay to the Licensor any Charges in respect of Services provided to the User before the termination of this EULA and in respect of licences in effect before the termination of this EULA; and
      2. the Licensor must refund to the User any Charges paid by the User to the Licensor in respect of Services that were to be (but are not) provided to the User after the termination of this EULA and in respect of licences that were to be (but are not) in effect after the termination of this EULA,
      without prejudice to the parties' other legal rights.
    5. For the avoidance of doubt, the licences of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use the Software upon the termination of this EULA.
    6. Within 10 Business Days following the termination of this EULA, the User must:
      1. return to the Licensor or dispose of as the Licensor may instruct all media in its possession or control containing the Software; and
      2. irrevocably delete from all computer systems in its possession or control all copies of the Software.

    1. General

    2. No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.
    3. If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
    4. This EULA may not be varied except by a written document signed by or on behalf of each of the parties.
    5. The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this EULA to any third party. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this EULA.
    6. This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.
    7. Subject to Clause 12.1, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
    8. This EULA shall be governed by and construed in accordance with European Union and Lithuanian law.
    9. The courts of Lithuania shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

    1. Interpretation

    2. In this EULA, a reference to a statute or statutory provision includes a reference to:
      1. that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and
      2. any subordinate legislation made under that statute or statutory provision.
    3. The Clause headings do not affect the interpretation of this EULA.
    4. References in this EULA to "calendar months" are to the 12 named periods (January, February and so on) into which a year is divided.
    5. In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

Terms & Conditions

Updated 2022-11-30

[PLACEHOLDER] These terms and conditions outline the rules and regulations for the use of Exocharts's Website.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Exocharts.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Exocharts.com, you agreed to use cookies in agreement with the Exocharts's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Exocharts and/or its licensors own the intellectual property rights for all material on Exocharts.com. All intellectual property rights are reserved. You may access this from Exocharts.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Exocharts does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Exocharts,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Exocharts shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Exocharts reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You hereby grant Exocharts a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Exocharts; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Exocharts. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

No use of Exocharts's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Cookies Consent

This website use cookies to ensure you get the best experience on our website.

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