Chart FX for WPF Deployment License Generation

Chart FX for WPF License Agreement READ CAREFULLY BEFORE INSTALLING THE SOFTWARE. By installing the Chart FX for WPF software (hereinafter "the Software" or 'software"), you are accepting the following License Agreement. LICENSE AGREEMENT. This is a legal agreement between you (either an individual or an entity) and Software FX, Inc. By installing the software you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the uninstalled software to the place you purchased it for a full refund.

• 1. GRANT OF LICENSE. Software FX, Inc. grants to you as an individual or entity a non-exclusive license to make and use copies of the Software in the manner provided below. The rights granted under this Agreement are only effective upon payment of license fees and possession of the appropriate License Agreement (if applicable). The software is licensed, not sold. The Software is licensed on a "per developer" and "per deployment" and/or "per application" basis, as described below:
  • (a) Development Licenses. The Software contains portions known as "Design time components" that provide development facilities in Visual Studio .NET and other development environments. "Design Time Components" are licensed on a per seat basis. Per-seat licenses are licenses that are counted by all the machines on which the "Design Time Components" will reside on. To use a per-seat license, every machine installing, running and/or using the software for development purposes must have a licensed copy and its appropriate license. A development seat license is required for each additional computer on which you will be installing and running any of the "Design-time Components". One development seat license can be used for developing or building multiple applications. All development seat licenses are single-use licenses. You shall not use a development seat license to deploy applications for production or non-production (testing) use by end users.
  • (b) Per Application Deployment Licenses. The Software or any of its components may only be distributed on WPF applications/deliverables that include and serialize a "Deployment License" internally. Generally, an application is defined as any stand alone Windows application you develop, in EXE or DLL format. A Chart FX for WPF "Deployment License" is required for the deployment of an unlimited number of copies of the Software (Subject to Royalty free Distribution requirements provided in paragraph c) as an embedded component of a given named application (and its future versions) for use within your own company in production and non-production environments used for Application integration, back-up, testing and quality assurance, and/or training of Licensee's employees . For example: If you are developing a standalone Windows Presentation Foundation (WPF) application that requires Chart FX for WPF, you would purchase a single "Deployment License" to deploy the Chart FX engine with your application. If your product involves multiple applications that all require Chart FX for WPF, each different application must procure a Chart FX for WPF "Deployment License" regardless of whether the applications are hosted on a single machine or are distributed throughout the network. Deployment Licenses are not transferrable between applications. If you intend to deploy or distribute the Software for use by third parties or for other specific commercial application developments and/or deployments scenarios your customers must also obtain a "Deployment license". For example, if you are developing applications for your clients, you (or your customers) must purchase a Chart FX Deployment License for each customer that purchases your application. Depending on the target for your products this licensing mode may not be possible to you, please contact Software FX to discuss unrestricted deployment licensing scenarios. You are also encouraged to contact Software FX, Inc. before deployment for more information on your specific redistribution rights. Contact information can be obtained on the company's web site at www.softwarefx.com.
  • (c) Royalty Free Redistribution Requirements. Once you have procured a Deployment license for the application(s) embedding or using the Software you have a royalty-free right to use and distribute the Software portions known as "redistributable Code" only if: 1. You distribute only the portions of the SOFTWARE designated as "Redistributable Code". 2. You use and distribute the "Redistributable Code " only in conjunction with the binary files that make use of them as a part of your software product. 3. Your product(s) and application(s) must add significant and primary functionality to the SOFTWARE; 4. You do not expose, document or make public the SOFTWARE API (Application Programming Interface); 5. Your end users are not allowed to use the SOFTWARE for development purposes or further redistribution and deployment. 6. You do not wrap or distribute the SOFTWARE in a component that can be used for development purposes on any application, tool, environment or container. 7. your software product main and primary functionality must not be creating and/or displaying charts; 8. You do not reverse engineer copy, duplicate or distribute the license schema that is needed to use the SOFTWARE in a design, development or runtime environment. 9. You do not disassemble, decompile or reverse engineer the SOFTWARE or any portions of it; 10. Your software product may not, in the reasonable opinion of Software FX, compete with a Software FX, Inc. product. 11. You do not use the Software FX, Inc. or Chart FX name, logo or trademark to market your software product; 12. You agree to indemnify, hold harmless, and defend Software FX, Inc. and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product. If any of the conditions set forth in paragraphs above are breached, such breach shall constitute an unlawful use of the SOFTWARE, and you shall be prosecuted to the full extent of the law. Furthermore, you shall be liable to Software FX, Inc. for all damages caused by such breach and unlawful use of the software, including attorney's fees and costs incurred in any action, lawsuit or claim brought or filed to redress the breach of this agreement.
• 2. INTELLECTUAL PROPERTY RIGHTS You acknowledge that the Software and any copies that you are authorized by Software FX to make are the intellectual property of and are owned by Software FX and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Software FX and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that Software FX retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that Software FX's ownership rights extend to any images, photographs, animations, videos, audio, music, text and "applets" incorporated into the Software and all accompanying printed materials. You will take no actions which adversely affect Software FX's intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. Chart FX, Grid FX, PowerGadgets, and Software FX are trademarks of Software FX Inc.. Except as expressly stated above, this Software License Agreement does not grant you any intellectual property rights in the Software. Notifications of claimed copyright infringement should be sent to Software FX's copyright agent as further provided on the Software FX Web Site.
• 3. LIMITED TRANSFER RIGHTS Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each of this Software License Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; (c) the receiving party secures a personalized serial number from Software FX; and (d) the receiving party accepts the terms and conditions of this Software License Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.
• 4. PRE-RELEASE AND EVALUATION SOFTWARE. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then this Section applies. In addition, this section applies to all evaluation and/or demonstration copies of Software FX software ("Evaluation Software") and continues in effect until you purchase a license. To the extent that any provision in this section is in conflict with any other term or condition in this Software License Agreement, this section shall supersede such other term(s) and condition(s) with respect to the Pre-release and/or Evaluation Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Pre-release Software is a pre-release version, does not represent final product from Software FX, and may contain bugs, errors and other problems that could cause system or other failures and data loss. CONSEQUENTLY, THE PRE-RELEASE AND/OR EVALUATION SOFTWARE IS PROVIDED TO YOU "AS-IS" WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND SOFTWARE FX DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE AND/OR EVALUATION SOFTWARE, BUT IT MAY BE LIMITED, SOFTWARE FX'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (USD $50) IN TOTAL. If the Evaluation Software has a time-out feature, then the software will cease operation after the conclusion of the designated evaluation period. Upon such expiration date, your license will expire unless otherwise extended. Access to any files created with the Evaluation Software is entirely at your risk. You acknowledge that Software FX has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Software FX has no express or implied obligation to you to announce or introduce the Pre-release Software, and that Software FX may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Software License Agreement, if requested by Software FX, you will provide feedback to Software FX regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the Software is governed by such agreement. You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Software FX of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Software FX and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.
• 5. UPGRADES. If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Software FX as being eligible for the upgrade in order to use the Software. A Software labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgrading product only in accordance with the terms of this License Agreement. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single package and may not be separated for use in more than one computer.
• 6. NO OPEN SOURCE. Your right to the Software does not include any license, right, power or authority to subject the Software in whole or in part to any of the terms of an Excluded License. An "Excluded License" means any "open source" or other license that require as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge.
• 7. HIGH RISK ACTIVITIES. The Software is not fault tolerant and is not intended for use in high-risk activities. You may not use the Software in the design, construction, operation or maintenance of any nuclear facility or weapon of mass destruction, or for the purpose of aircraft navigation or control or any other activity in which the failure of the Software could result in loss of human life, personal injury or property damage.
• 8. SERVICES. There are no services provided under this agreement. You are responsible for installing the Software on your computers as permitted under this agreement.
• 9. FEES. Prices are available upon request and are subject to change. Please consult Licensor or its authorized resellers as to current fees before placing an order. All license fees are non-refundable and non-cancelable except as expressly provided in this agreement and do not include shipping, sales or use tax, withholding tax, excise tax, VAT or custom duties, all of which you are responsible for paying above and beyond the license fees due to Licensor or its authorized resellers.
• 10. ACTIVATION. During installation, an Internet connection is required on the machine where the product is being installed. Only the serial number and a unique product ID provided by the installation program is sent to our servers. Alternatively, if necessary, this information could be submitted from another computer that is connected to the Internet. The information is encrypted using the standard RSA Public/Private key methodology. For security reasons, we do not copy the private key onto the client machine; instead it resides on our servers and thus the need for an Internet connection to obtain a code to complete the install of the software. Our installation does not scan your hard drive or gather any personal information from your computer; therefore, no privacy issues should be of concern to you. Customers are still encouraged to register the product using the traditional and voluntary web site registration form. The installation process should be simple and unobtrusive for all customers. Our goal is to prevent installation of serial numbers that have been obtained from fraudulent purchases, returned products, expired programs and other suspicious means.
• 11. MAINTENANCE/SUPPORT. You may acquire maintenance/technical support services ("Maintenance/Support") for the Software provided that you subscribe to Licensor's Maintenance/Support programs or to an authorized Licensor partner support program. Maintenance/Support shall be based on the in-country list price and then applicable Maintenance/Support policy in effect at the time such Maintenance/Support is ordered. Maintenance/Support fees are due annually in advance and are nonrefundable and non-cancelable.
• 12. LIMITED WARRANTY AND LIMITATION OF LIABILITY (a) Limited Warranty and Customer Remedies. Software FX warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. Software FX's and its suppliers' entire liability and your exclusive remedy shall be, at Software FX's option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Software FX's Limited Warranty and which is returned to Software FX with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or Pre-release Software. (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SOFTWARE FX OR ITS SUPPLIER'S BREACH OF WARRANTY. SOFTWARE FX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SOFTWARE FX AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE FX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. (c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SOFTWARE FX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SOFTWARE FX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SOFTWARE FX'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Software FX's liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Software License Agreement between Software FX and you. (d) Infringement Claims. Software FX will indemnify and hold you harmless and will defend or settle any claim, suit or proceeding brought against you by a third party that is based upon a claim that the content contained in the Software infringes a copyright or violates an intellectual or proprietary right protected by United States ("Claim"), but only to the extent the Claim arises directly out of the use of the Software and subject to the limitations set forth in Section 5 of this Agreement except as otherwise expressly provided. You must notify Software FX in writing of any Claim within ten (10) business days after you first receive notice of the Claim, and you shall provide to Software FX at no cost with such assistance and cooperation as Software FX may reasonably request from time to time in connection with the defense of the Claim. Software FX shall have sole control over any Claim (including, without limitation, the selection of counsel and the right to settle on your behalf on any terms Software FX deems desirable in the sole exercise of its discretion). You may, at your sole cost, retain separate counsel and participate in the defense or settlement negotiations. Software FX shall pay actual damages, costs, and attorney fees awarded against you (or payable by you pursuant to a settlement agreement) in connection with a Claim to the extent such direct damages and costs are not reimbursed to you by insurance or a third party, to an aggregate maximum equal to the purchase price of the Software. If the Software or its use becomes the subject of a Claim or its use is enjoined, or if in the opinion of Software FX's legal counsel the Software is likely to become the subject of a Claim, Software FX shall attempt to resolve the Claim by using commercially reasonable efforts to modify the Software or obtain a license to continue using the Software. If in the opinion of Software FX's legal counsel the Claim, the injunction or potential Claim cannot be resolved through reasonable modification or licensing, Software FX, at its own election, may terminate this Software License Agreement without penalty, and will refund to you on a pro rata basis any fees paid in advance by you to Software FX. THE FOREGOING CONSTITUTES SOFTWARE FX'S SOLE AND EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This indemnity does not apply to infringements that would not be such, except for customer-supplied elements. 13. JURISDICTION. This Agreement is governed by the laws of the State of Florida, the U.S. Copyright Act and other applicable U.S. federal laws. All disputes or legal proceedings relating to use of the SOFTWARE or this Agreement shall be brought and heard exclusively in the state or federal courts located in Palm Beach County, Florida, and by installing and/or using the SOFTWARE, you hereby irrevocably consent and submit to personal jurisdiction in such courts for all such disputes or legal proceedings.

This Software FX Go Live Supplemental License Agreement ("Go Live License") is an addendum to the Chart FX for WPF License Agreement (provided separately) and is entered into by and between Software FX, Inc. ('software FX"), a Florida corporation, and the individual or entity who agrees and accepts the following terms and conditions by executing this Go Live License (such individual or a single entity referred to in this Go Live License as "Recipient" or "You"). This Go Live License is effective as of the later of the two signature dates below ("Effective Date"). UNLESS SIGNED BY BOTH PARTIES, THIS GO LIVE LICENSE DOES NOT GRANT ANY RIGHTS TO YOU. Recipient has accepted the Chart FX for WPF pre-release software ("Pre-Release Software") from Software FX subject to license agreements accompanying the Pre-Release Software ("License Agreement"). The License Agreement may include provisions that restrict Recipient's use of the Pre-Release Software in a live production environment and/or distribution of Recipient applications built using the Pre-Release Software. Recipient wishes to pay licensing fees according to Software FX pricing for Pre-Release Software and have the option, at Recipient's sole discretion, of using the Pre-Release Software to (a) deploy applications built with such Pre-Release Software in a live internal production environment, and/or (b) deploy or distribute for use by third parties certain applications created with the Pre-Release Software. Software FX and Recipient agree as follows:

• 1. TIME SENSITIVE SOFTWARE. PORTIONS OF THE PRE-RELEASE SOFTWARE MAY BE DESIGNED TO CEASE FUNCTIONING ON SPECIFIC DATES. NOTICE OF EXPIRATION WILL NOT BE GIVEN, SO RECIPIENT WILL NEED TO PLAN FOR THE EXPIRATION DATE PRIOR TO SUCH EXPIRATION, AND MAKE A COPY OF AND REMOVE DATA THAT RECIPIENT MAY WISH TO USE IN THE FUTURE.
• 2. Internal Production Use. Subject to the terms of this Go Live License and upon payment of Software FX licensing fees, Recipient may, at its sole discretion and risk, use the Pre-Release Software in a live production environment solely for internal purposes, provided that Recipient takes adequate precautionary measures to back up and protect Recipient's data.
• 3. External Deployment of Applications. 3.1 Subject to Recipient's compliance with the terms and conditions of this Go Live License and upon payment of Software FX licensing fees, Recipient may, at Recipient's sole discretion and risk, distribute Recipient's applications that were developed using Pre-Release Software to third parties. 3.2 If Recipient elects to exercise the rights under Section 3.1 above with respect to Recipient's applications ("Applications"), Recipient shall in addition to its compliance with the other requirements described in this Go Live License, comply with the following: (a) Recipient shall pay all Software FX applicable fees under the Software License Agreement. (b) Recipient shall include in such Applications a notice to its users that the Application relies on pre-release, time sensitive, unsupported software that may not operate correctly; (c) Recipient shall not use Software FX's name, logo, or trademarks to market its Applications; and (d) Recipient will not make any representation, warranty, or promise on behalf of Software FX or with respect to the Applications or performance thereof.
• 4. Reservation of Rights. Recipient's rights under this Go Live License are expressly conditioned upon Recipient's compliance with each of the provisions described herein. Except as expressly set forth in this Go Live License, all other terms and conditions of the License Agreements shall remain in full force and effect. All rights not expressly granted herein are reserved by Software FX.
• 5. Updates; Subsequent Releases. 5.1 In the event that Software FX makes bug fixes, security fixes or other error corrections to the Pre-Release Software available (collectively, "Updates"), such Updates shall be deemed included in the defined term "Pre-Release Software" and subject to the terms and conditions of this Go Live License. Recipient agrees to use commercially reasonable efforts to install such Updates for purposes of updating the applicable Pre-Release Software. 5.2 Recipient expressly acknowledges and agrees that the Pre-Release Software may change substantially prior to commercial release of the Pre-Release Software and Recipient's Applications may not work with subsequent releases of the Pre-Release Software. This Go Live License provides Recipient no rights with respect to subsequent pre-release or commercial versions, if any, of the Pre-Release Software.
• 6. No Support. Software FX is not obligated to provide maintenance, technical support, Updates or other support to Recipient or Recipient's users of the Applications. Recipient is solely responsible for updating its users, if needed, with versions of Applications that operate satisfactorily with subsequent releases (including the final commercial release) of the Pre-Release Software.
• 7. Indemnification. Recipient agrees to indemnify, hold harmless, and defend Software FX from and against any claims, allegations, lawsuits, losses and costs (including attorney fees), that arise or result from the exercise of any rights under this Go Live License or the use, deployment or distribution of Recipient's Applications.
• 8. PRERELEASE/TIME SENSITIVE CODE. THE PRE-RELEASE SOFTWARE CONTAINS TIME SENSITIVE AND PRERELEASE CODE THAT IS NOT AT THE LEVEL OF PERFORMANCE AND COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE, PRODUCT OFFERING AND MAY NOT OPERATE CORRECTLY. RECIPIENT's EXERCISE OF ANY RIGHTS UNDER THIS GO LIVE LICENSE IS AT RECIPIENT's SOLE DISCRETION AND RECIPIENT ASSUMES ALL RESPONSIBILITY FOR AND RISK OF ANY AND ALL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE EXERCISE OF SUCH RIGHTS, INCLUDING WITHOUT LIMITATION THE LOSS OF ANY DATA OR OTHER CONTENT.
• 9. Go Live License Term & Termination: The term of this Go Live License shall become effective upon the Effective Date and shall terminate with respect to the Pre-Release Software for which you are exercising rights hereunder, upon the earlier of (i) thirty (30) days after commercial release of the respective Pre-Release Software, unless terminated earlier pursuant to notice by Software FX as provided in such License Agreement. or (ii) January 1, 2009 unless terminated earlier. Software FX may terminate this Go Live License in writing at any time, with or without cause. Upon the termination of this Go Live License, Recipient's rights hereunder shall immediately cease. Sections 4, 5.2, 6, 7, 8 and 10 shall survive any expiration or termination of this Go Live License. 10. Entire Agreement. Except as expressly set forth in this Go Live License, all use of the Pre-Release Software, including without limitation the Targets, is subject to the terms and conditions of the applicable License Agreement. This Go Live License, together with the License Agreements, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. If any provision of this Go Live License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. IN WITNESS WHEREOF, Recipient has caused this Go Live License to be executed by its duly authorized representative.