MonarchDate End User License Agreement

This license agreement is a legal agreement between You (either an individual or juridical entity) and Singleton Labs. for the software MonarchCharts.NET (hereinafter "the Software" or "Software"), which includes class libraries (including source code if you have purchased it), electronic documentation, images and fixes provided by the Singleton Labs. By installing, copying, or otherwise using this software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you are not authorized to use the Software.

SOFTWARE LICENSE

Singleton Labs. grants to you as an individual or juridical 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. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights to the software or related documentation. All rights not expressly granted to you under this License are reserved by Singleton Labs.

Definition Of Use. The Software is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".

LICENSE TO DISTRIBUTE

You may use or redistribute the Software components on any computer or workstation on a royalty free basis provided that:

1. You distribute the Software only in conjunction with and as an integral part of your end-user, stand-alone software AND
2. You do not expose, document or make public the Software components API (Application Programming Interface) AND
3. Your end users are not allowed to use the Software for development purposes or further redistribution and deployment AND
4. 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 AND
5. 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 AND
6. Your software product may not in the reasonable opinion of Singleton Labs., compete with a Singleton Labs. product AND
7. You do not disassemble, decompile or reverse engineer the Software or any portions of it AND
8. You do not use the Singleton Labs. product name, logo or trademark to market your software product AND
9. You agree to indemnify, hold harmless, and defend Singleton Labs. 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.

COPYRIGHT

Title to the Software and all associated intellectual property rights are retained by the Singleton Labs.. You must treat the Software like any other copyrighted material and not reproduce it except for making a single copy of the Software for archival purposes. You may not modify, decompile, or reverse engineer the Software. The Software is owned by Singleton Labs. and is protected by Lithuanian copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may:

• make one copy of the Software solely for backup or archival purposes;
• copy the Software to a single hard disk provided you keep the original solely for backup or archival purposes
• you may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on other computers over an internal network; however, you must acquire and dedicate a License for each separate computer on which the Software is installed or run from the storage device.

A License for the Software may not be shared or used concurrently on different computers. You may not make multiples copies of Software or the written materials accompanying the Software. The Software or any of its components may not be shared or used concurrently on different computers.

You are also encouraged to contact Singleton Labs. before deployment of your software for more information on your specific redistribution rights. 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 Singleton Labs. 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.

UPGRADES

If the Software is labeled as an upgrade, you must be properly licensed to use a product identified by Singleton Labs. 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.

SOFTWARE EVALUATION

If this License is for an Software evaluation version, you are authorized to use the Software only for evaluation purposes for a single evaluation period not to exceed 30 days, starting on the day on which you accept this License. Should you require an evaluation period exceeding thirty (30) days, you may contact Singleton Labs. for an extended evaluation license. Images and screens produced by Software evaluation version must contain symbols and text provided by Singleton Labs. indicating that the object was produced with an evaluation version of the Software. You are not authorized to obtain more than one license for an evaluation version of any Singleton Labs. Software by subsequent downloads or installations.

TRANSFER

You may permanently transfer all your rights under this license agreement, provided you retain no copies, you transfer all of the Software (including all component parts, media and printed materials, any upgrades and this license agreement), and the recipient agrees to the terms of this license agreement. If the Software is an upgrade, any transfer must include all prior versions of the Software.

INDEMNIFICATION

Singleton Labs. entire liability and your exclusive remedy in the event of a defect in materials and workmanship of the Software under normal use during the Limited Warranty period shall be, at Singleton Labs. option, either :

• return of the price paid by you in exchange for all Software contents including written materials
• repair or replacement of the Software that does not meet Singleton Labs. Limited Warranty and which is returned to Singleton Labs. with a copy of your receipt

This Limited Warranty is void if failure of the Software or hardware has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days whichever is longer.

LIMITED WARRANTY

Singleton Labs. warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days. Any implied warranties on the Software are limited to ninety (90) days.

LIMITATION OF LIABILITY

To the extent not prohibited by law, in no event will the author be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use the Software, even if the Singleton Labs. has been advised of the possibility of such damages. In no event will the Singleton Labs.'s liability to you, whether in contract, or otherwise, exceed the amount paid by you for the Software under this agreement, except for third party claims, outlined in section 5 of this Agreement.

REPRESENTATIONS

Singleton Labs. represents and warrants that it owns all right, title and interest in and to the Software and that Singleton Labs. has the right to grant the licenses contained in this Agreement. Singleton Labs. further represents and warrants that the Software does not infringe upon the intellectual or proprietary rights of any third party.

TERMINATION

This agreement is effective until terminated. You may terminate this agreement at any time by destroying all copies of the Software. This agreement will terminate immediately without notice from the Singleton Labs. if you fail to comply with any provision of this agreement. Upon termination, you must destroy all copies of the Software.