END-USER LICENSE AGREEMENT FOR
IMPORTANT- READ CAREFULLY BEFORE INSTALLING THE .
This End User License Agreement (this "EULA") contains the
terms and conditions regarding your use of the
(as defined below) and material limitations to your rights
in that regard. You should read this EULA carefully.
By installing the Teemach for Java version 2 software (hereinafter
the ""), you are accepting the following EULA.
I. THIS EULA.
1. Software Covered by this EULA.
This EULA governs your use of the Teemach SL
("Teemach") enclosed either as part of a
installer or otherwise accompanied herewith. The term
"" includes, to the extent provided by Teemach: 1)
any revisions, updates and/or upgrades thereto; 2) any
data, image or executable files, databases, data engines,
computer software, or similar items customarily used or
distributed with computer software products; 3) anything
in any form whatsoever intended to be used with or in
conjunction with the ; and 4) any associated
media, documentation (including physical, electronic and
online) and printed materials (the "Documentation").
2. This EULA is a legal agreement between you and Teemach.
If you are acting as an agent of a company or another
legal person, such as an officer or other employee acting
for your employer, then "you" and "your" mean your
principal, the entity or other legal person for whom you
are acting. However, importantly, even if you are acting
as an agent for another, you may still be personally
liable for violation of laws such as copyright
This EULA is a legal agreement between you and Teemach. You
intend to be legally bound to this EULA to the same extent
as if Teemach and you physically signed this EULA. By
installing, copying, or otherwise using the , you
agree to be bound by the terms and conditions contained in
this EULA. If you do not agree to all of the terms and
conditions contained in this EULA, you may not install or
use the . If you have already installed or begun
to install the you should cancel any install in
progress and uninstall the . If you do not agree
to all of these terms and conditions, then you must
promptly return the uninstalled to the place from
which you purchased it in accordance with the return
policies of that place.
II. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.
Detailed below, this EULA grants you three licenses: 1) a
license to use the to develop other software
products (the "Development License"); 2) a license to use
and/or distribute the Developed Software (the "Distribution
License"); and 3) a license to use and/or distribute the
Developed Software on a Network Server (the "Web Server
License"). All of these licenses (individually and
collectively, the "Licenses") are explained and defined in
more detail below.
1. Definitions. Terms and their respective meanings as
used in this EULA:
"Network Server" means a computer with one or more
computer central processing units (CPU's) that operates
for the purpose of serving other computers logically or
physically connected to it, including, but not limited to,
other computers connected to it on an internal network,
intranet or the Internet. "Web Server" means a type of
Network Server that serves other computers more
particularly connected to it over an intranet or the
"Developed Software" means those computer software
products that are developed by or through the use of the
. "Developed Web Server Software" means those
Developed Software products that reside logically or
physically on at least one Web Server and are operated (executed
therein) by the Web Server's central processing unit(s)
(CPU). "Developed Desktop Software" means those Developed
Software products that are not Developed Web Server
Software, including, for example, standalone applications.
"Redistributable Files" means the files or other
portions of the that are provided by Teemach and
are identified as such in the Documentation for
distribution by you with the Developed Software.
"Developer" means a person using the in
accordance with the terms and conditions of this EULA.
"Development License" is a "Per-seat license". Per-seat
means the license is required for each machine that the
will reside on. Every machine installing, running
and/or using the software for development purposes must
have a licensed copy and its appropriate license.
"Developer seat" is the use of one "Per seat" licensed
copy of the by one concurrent Developer.
2. Your Development License.
You are hereby granted a limited, royalty-free,
non-exclusive right to use the to design, develop,
and test Developed Software, on the express condition that,
and only for so long as, you fully comply with all terms
and conditions of this EULA.
The is licensed to you on a Per Seat License
The Development License means that you may perform a
single install of the for use in designing,
testing and creating Developed Software on a single
computer with a single set of input devices, restricting
the use of such computer to one concurrent Developer.
Conversely, you may not install or use the on a
computer that is a network server or a computer at which
the is used by more than one Developer. You may
not network the or any component part of it,
where it is or may be used by more than one Developer
unless you purchase an additional Development License for
each Developer. You must purchase another separate license
to the in order to add additional developer seats
if the additional developers are accessing the on
a computer network. If the is used to create
Developed Web Server Software, then you may perform a
single install of the for use in designing,
testing and creating Developed Web Server Software by a
single Developer on a single computer or Network Server.
No additional End User Licenses are required for
additional CPUs on the single computer or Network Server.
In all cases, you may not use Teemach's name, logo, or
trademarks to market your Developed Software without the
express written consent of Teemach; agree to indemnify,
hold harmless, and defend Teemach, its suppliers and
resellers, from and against any claims or lawsuits,
including lawyer's fees that may arise from the use or
distribution of your Developed Software; you may use the
only to create Developed Software that is
significantly different than the .
3. Your Distribution License.
License to Distribute Developed Desktop Software. Subject
to the terms and conditions in this EULA, you are granted
the license to use and to distribute Developed Desktop
Software on a royalty-free basis, provided that the
Developed Desktop Software incorporates the as an
integral part of the Developed Software in machine
language compiled format (customarily an ".exe", or ".dll",
etc.). You may not distribute, bundle, wrap or subclass
the as Developed Software which, when used in a "designtime"
development environment, exposes the programmatic
interface of the . You may distribute, on a
royalty-free basis, Redistributable Files with Developed
Desktop Software only.
4. Your Web Server License.
Subject to the terms and conditions in this EULA, you are
granted the license to use and to distribute Developed Web
Server Software, provided that you must purchase one Web
Server License for each Network Server operating the
Developed Web Server Software (and/or Redistributable
Files called or otherwise used directly by the Developed
Web Server Software). Notwithstanding the foregoing,
however, you may distribute or transfer, free of
royalties, the Redistributable Files (and/or any Developed
Desktop Software) to the extent that they are used
separately on the client/workstation side of the network
served by the Web Server.
5. License Serial Number.
Upon purchase of the a unique serial number (the
"Serial Number") is provided by Teemach either
electronically or via the delivery channel. The Serial
number provides a means to install and Register the
. The Serial Number is subject to the restrictions
set forth in this EULA and may not be disclosed or
distributed either with your Developed Software or in any
other way. The disclosure or distribution of the Serial
Number shall constitute a breach of this EULA, the effect
of which shall be the automatic termination and revocation
of all the rights granted herein.
Subject to the terms and conditions of this EULA, the
Licenses are perpetual. Updates and upgrades to the
may be provided by Teemach at their discretion at
timely intervals though Teemach does not commit to
providing such updates or upgrades, and, if so provided by
Teemach, are provided upon the terms and conditions offered
at that time by Teemach.
7. Evaluation or Beta Copy.
If you are using an "evaluation copy", "Beta" copy or
similar version, specifically designated as such by Teemach
on its website or otherwise, then the Licenses are limited
as follows: a) you are granted a license to use the
for a period of fifty (50) days counted from the
day of installation (the "Evaluation Period"); b) upon
completion of the Evaluation Period, you shall either i)
delete the from the computer containing the
installation, or you may ii) contact Teemach or one of its
authorized dealers to purchase a license of the ,
which is subject to the terms and limitations contained
herein; and c) any Developed Software developed with an
evaluation or Beta copy may not be distributed or used for
any commercial purpose.
III. INTELLECTUAL PROPERTY.
You agree that all right, title, and interest in and to
the (including, but not limited to, any images,
photographs, code examples and text incorporated into the
), and any copies of the , and any
copyrights and other intellectual properties therein or
related thereto are owned exclusively by Teemach, except to
the limited extent that Teemach may be the rightful license
holder of certain third-party technologies incorporated
into the . The is protected by copyright
laws and international treaty provisions. The is
licensed to you, not sold to you. Teemach reserves all
rights not otherwise expressly and specifically granted to
you in this EULA.
You may make one copy the solely for backup or
3. General Limitations.
You may not reverse engineer, decompile, or disassemble
the , except and only to the extent that
applicable law expressly permits such activity
notwithstanding this limitation.
4. Software Transfers.
You may not rent or lease the . You may transfer
the to another computer, provided that it is
completely removed from the computer from which it was
transferred. You may permanently transfer all of your
rights under the EULA, provided that you retain no copies,
that you transfer all the (including all
component parts, the media and printed materials, any
dates, upgrades, this EULA and, if applicable, the
Certificate of Authenticity), and that the recipient
agrees to the terms and conditions of this EULA as
provided herein. Teemach should be notified in writing of
license transfers where the company of the recipient is
different to that of the original licensee. If the
is an update or upgrade, any transfer must
include all prior versions of the .
Without prejudice to any other rights it may have, Teemach
may terminate this EULA and the Licenses if you fail to
comply with the terms and conditions contained herein. In
such an event, you must destroy all copies of the
and all of its component parts.
IV. DISCLAIMER and WARRANTIES
Teemach's entire liability and your exclusive remedy under
this EULA shall be, at Teemach's sole option, either (a)
return of the price paid for the ; (b) repair the
through updates distributed online. Teemach cannot
and does not guarantee that any functions contained in the
Software will meet your requirements, or that its
operations will be error free. The entire risk as to the
Software performance or quality, or both, is solely with
the user and not Teemach. You assume responsibility for the
selection of the component to achieve your intended
results, and for the installation, use, and results
obtained from the .
Teemach makes no warranty, to the maximum extent permitted
by law, either implied or expressed, including with-out
limitation any warranty with respect to this Software
documented here, its quality, performance, or fitness for
a particular purpose. In no event shall Teemach be liable
to you for damages, whether direct or indirect,
incidental, special, or consequential arising out the use
of or any defect in the Software, even if Teemach has been
advised of the possibility of such damages, or for any
claim by any other party. All other warranties of any kind,
either express or implied, including but not limited to
the implied warranties of merchantability and fitness for
a particular purpose, are expressly excluded.
1. This is the Entire Agreement.
This EULA (including any addendum or amendment to this
EULA included with the ) is the final, complete
and exclusive statement of the entire agreement between
you and Teemach relating to the . This EULA
supersedes any prior and contemporaneous proposals,
purchase orders, advertisements, and all other
communications in relation to the subject matter of this
EULA, whether oral or written. No terms or conditions,
other than those contained in this EULA, and no other
understanding or agreement which in any way modifies these
terms and conditions, shall be binding upon the parties
unless entered into in writing executed between the
parties, or by other non-oral manner of agreement whereby
the parties objectively and definitively act in a manner
to be bound (such as by continuing with an installation of
the , "clicking-through" a questionnaire, etc.)
Employees, agents and other representatives of Teemach are
not permitted to orally modify this EULA.
2. You Indemnify Teemach.
You agree to indemnify, hold harmless, and defend Teemach
and its suppliers and resellers from and against any and
all claims or lawsuits, including attorney's fees, that
arise or result from this EULA.
3. Interpretation of this EULA.
If for any reason a court of competent jurisdiction finds
any provision of this EULA, or any portion thereof, to be
unenforceable, that provision of this EULA will be
enforced to the maximum extent permissible so as to effect
the intent of the parties, and the remainder of this EULA
will continue in full force and effect. Formatives of
defined terms shall have the same meaning of the defined
term. Failure by either party to enforce any provision of
this EULA will not be deemed a waiver of future
enforcement of that or any other provision. Except as
otherwise required or superseded by law, this EULA is
governed by the laws of Spain. If the was
acquired outside of Spain, then local law may apply.
||A closer Look
"...you may distribute your programs
compiled with Teemach code incurring in no royalty fees..."
||What license do I need?
The Teemach Pro Developer
license permits one developer
to develop with Teemach Pro. A Teemach Pro Web-Server
run-time license is required
only for a Server publishing access to a scripted Charting
application, ie. Teemach scriptable via an ASP script,
DLL, ActiveX Usercontrol or equivalent server module.
A webserver license is not required if the server only
provides Codebase access for downloading the Teemach
||Applied compiled application scenario
The license allows the inclusion of the teechart classes compiled into an application. The conditions of license do not permit that Teemach classes/properties/methods are made available in an application that may be used to further program with those classes. That type of application would be considered a 'development' tool (rather like
Borland's JBuilder, or Visual C++) and users of that application would be considered Teemach developers and be thus subject to require a Teemach developer license. An application compiled as a DLL with access to Teemach properties would be an example of an application requiring Teemach licensing when distributed. If the Control publishes Chart properties but is only used serverside in a web based application then the conditions outlined in the section "Web server licenses" apply.
||Applied Web browser scenario
Clients using the Control served by a Web Server (such as
Applet or similar) publishing accessibility to a Chart parameter are not subject to purchase of a Teemach license depending on the condition of use described here. In the case of a web browser application for which the Teemach component is included as a clientside control (with OBJECT Codebase or similar) it is not possible to physically control 'application on-developability' as the Teemach component (here as an
Applet) is inherently an API that could be scripted or 'on-developed with' in a browser page. We rely on the application developer to make it clear to his/her clientbase that the Control may only be used within the confines of his/her application. Any further scripting with the Teemach Component would require a developer license by the scripter. If the
Applet Control does not publish Chart properties or inherited properties then the same rules as the first section, 'Applied compiled application scenario', apply.
||Web server runtime licenses
A Teemach Web Server license is required for each web
server serving a Control that publishes access to Chart
properties (or properties derived thereof). We recognise
that there may be some technical advantages to using a
compiled ISAPI DLL, or similar, or an Applet Control
housing the Teemach Control serverside to serve a web
based browser clientbase. For this specific use of Teemach
we treat the compiled Control, only when housed as Server
based process for a browser clientbase, as only eligible
for 1 Web Server runtime license per server. See the section
'Applied Web browser scenario' for a proviso of use. Web
Server licenses are available as a separate product to
the Developer license, available to licensees of at least
one registered Developer license.
- Assumes ownership of at least 1 developer license by licensee
- Licensing applies to web server installations of the licensee's application only
- Requires one license per web server housing the licensee's application
- Intended that development of scripting of the Teemach module is restricted to the bounds of the licensee's application
- The Teemach Control may be made available (ie. as codebase) for distribution to unlimited client browsers
- Clients (ie. browser locations) or servers where Charting code is on-developed should own a developer license
- No Teemach source code may reside on the server licensed with the Web Server license
||Pure Charting application
The license does not permit the distribution of a Control that is a pure Charting control by its nature and may be deemed as competing directly in the same market as Teemach. The licensors of Teemach reserve the right of interpretation.