End User License Agreement

Purchasing or using a free trial Chart-Tank software grants you a personal, non-transferable, non-exclusive, non-sublicensable license, and you can’t modify, decompile, copy, distribute, or resell the software.

What follows is now the full license agreement –

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READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, BECAUSE BY INSTALLING, COPYING, USING, OR DISTRIBUTING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND BY THIS EULA, DO NOT INSTALL, COPY, USE OR DISTRIBUTE THE SOFTWARE.

 

1. GENERAL: This EULA is a legal agreement between you (“Customer” or “you”). And Chart Tank, LLC (“Chart-Tank”, “we”, “us” or “our”) with regard to your use of the proprietary software associated with this Agreement. For purposes of this EULA, “Software” means such application software, together with all components thereof and all updates, patches, fixes, modifications, and enhancements thereto, including releases of new versions,  all accompanying documentation, files, and materials.
   
   If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install, or use the Software, and you must not accept this EULA agreement.
   
   The original of this Agreement is in English; any translations are provided for reference purposes only. The English version of this Agreement shall govern the transaction. You waive any right You may have under the law of your country to have this Agreement written or construed in the language of any other country.
    

2. LICENSE GRANT: Chart Tank hereby grants you a personal, non-transferable, non-exclusive, non-sublicensable license to use the Chart-Tank software on your devices in accordance with the terms of this EULA agreement.
   
   You are permitted to load the Chart-Tank software to the computer (for example a PC or laptop) you own or under your control and use under your account on that computer. You are responsible for ensuring your device meets the minimum requirements of the Chart-Tank software.
   
   The foregoing rights in and to the Software are the only rights granted to you in connection with this EULA, and any and all rights not expressly granted to you by the license described Section 2 above are expressly and fully reserved by us and/or our licensors. Except as specifically provided in this EULA or for backup or archival purposes specifically permitted by law, you may not use or make any other copies of the Software. You are not permitted to distribute, transmit, sublicense, permitted to tamper with or attempt to bypass, modify, defeat or otherwise circumvent the operation of the Software or alter, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover or disclose the Software source code or underlying programming or architecture.
    

3. PROPRIETARY RIGHTS: Except where specifically stated otherwise, Chart Tank owns all right, title and interest in and to the Software including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this EULA shall be construed to transfer, convey, impair or otherwise adversely affect Chart Tank’s ownership or proprietary rights therein or any other Chart Tank information or materials, tangible or intangible, in any form and in any medium.
    

4. REFUND POLICY: We have a no-refund policy on all of our software applications and bundles. We do this because we offer free, fully functional trial versions for all of our software this way you can download and try before you buy. These trial versions allow you to test the software risk-free before you decide to make a purchase. Because there is no way to guarantee that our software was actually removed from a system after it is installed, this allows us to help fight fraudulent activity.
    

5. TERMINATION: We have the right to terminate this license and your right to use the Software at any time in the event we reasonably believe you have failed to comply with any term or condition of this EULA. If this license or your right to use the Software terminates for any reason or you must stop all use of the Software and destroy the Software (including all updates, and documentation) and all copies of the Software that are in your possession or under your control. We may ask you to certify your compliance with the foregoing in writing, and you agree to do so if we request you to do so.
   All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    

6. INDEMNIFICATION: You agree to defend Chart-Tank, its parent, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Chart-Tank Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the Chart-Tank Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA, infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of the Software or otherwise in connection with this EULA. We reserve the right to assume, at our expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
    

7. EXPORT RESTRICTIONS: Customer shall not permit any third party to access or use the Software in violation of any law or regulation or export the Software or otherwise remove it from the United States except in compliance with all applicable U.S. laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the Software in, or export it to, a country subject to a United States embargo.
    

8. DISCLAIMER OF WARRANTY: While Chart Tank LLC makes every effort to deliver high quality products, we do not guarantee that our products are free from defects.
   THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND CHART-TANK DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE OF THE SOFTWARE SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING, AND/OR DISTRIBUTING THE SOFTWARE.
    

9. LIMITATIONS OF LIABILITY: YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CHART-TANK NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, BUSINESS AND PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS, SUPPLIERS, RESELLERS AND CONTRACTORS SHALL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS EULA.
   
   YOU FURTHER ACKNOWLEDGE AND AGREE YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH THE SOFTWARE OR THIS EULA, EVEN IF YOU CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE, SHALL BE TO HAVE CHART TANK, UPON WRITTEN NOTICE FROM YOU, ATTEMPT TO REPAIR, CORRECT OR REPLACE THE SOFTWARE. IF REPAIR, CORRECTION, OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE IN THE SOLE AND ABSOLUTE DISCRETION OF CHART-TANK, EITHER YOU OR CHART-TANK SHALL HAVE THE RIGHT TO TERMINATE AND DISCONTINUE YOUR USE OF THE SOFTWARE.
   
   YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA. IN NO EVENT WILL CHART TANK BE LIABLE FOR ANY LOSS, CORRUPTION, MODIFICATION, OR DAMAGE TO YOUR DATA
   
   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS EULA MAY NOT APPLY TO YOU.
    

10. Governing Law: This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the state of Colorado, USA.