Highsoft may at any time, without notice, modify the Agreement and the price and price structure for Highcharts Cloud. Such modifications shall be published on Highsoft’s website and shall be legally binding for You from the Delivery Date and each renewal of your License thereafter. It is your responsibility to keep track of such possible modifications in all relevant documents prior to each renewal.
Highsoft grants to You, and You accept, a non-exclusive, non-transferable and non-sublicenseable right to use Highcharts Cloud, in accordance with the Agreement. The License covers Highcharts Cloud “as is” at the Delivery Date, subject to modifications in accordance with Section 8 Maintenance and Support, below. When registering an account, You are granted a right to use Highcharts Cloud only as expressly permitted herein. You shall have the right to switch between different subscription plans during the contract period. Check out Highsoft’s Refund Policy for more information. Your account shall be used solely by You. You shall not publish or otherwise make Highcharts Cloud available to others, or rent, lease or lend Highcharts Cloud to others. You shall not reverse engineer and/or compile or disassemble Highcharts Cloud. The License is restricted to normal use of Highcharts Cloud that do not adversely affect Highcharts Cloud or other Highcharts Cloud customers’ use of or access to Highcharts Cloud, such as generating large volumes of traffic on the network, which greatly impacts the service we offer to other paying customers. You are obliged to not use Highcharts Cloud in any way that could harm it or impair the use of it by any other lawful user. This also applies to provision of unlimited charts. Highsoft retains the right to exclude users and remove or block inappropriate charts and data.
You are responsible for compliance with the provisions set forth in the Agreement.
This Licence granted under the Agreement commences on the Delivery Date and shall be valid for one month. It is Your responsibility to retrieve and backup all account contents before termination.
Unless explicitly cancelled, the Licence granted under this Agreement shall automatically be renewed for another contract period upon its expiration. Check out Refund Policy for more information. Highsoft may terminate Highcharts Cloud without cause, at any time. Notice of termination of Highcharts Cloud by Highsoft is sent to the contact e-mail associated with your account. Upon termination, all data, files, or other information will be stored in our servers until your charts have been inactive for 6 months.
The prices applicable at any time are listed on Highsoft’s website excl. any applicable VAT. You shall ensure that your contact and payment information at all times is accurate and up-to-date.
Payment is due in advance at the start of each billing cycle. You will receive an invoice by email for each withdraw. Your billing cycle starts on the invoice date.
All Intellectual Property Rights in and related to Highcharts Cloud, are and shall remain owned solely, exclusively and in its entirety by Highsoft. Nothing in this agreement shall be held or interpreted as transferring any such proprietary rights to You. Any pre-existing intellectual property and other content, including customer data, which You provide or upload to Highsoft’s server under this Agreement shall remain your property. You shall also retain the ownership to all data sets and charts you make by using Highcharts Cloud. However, using Highcharts Cloud operates as your consent to grant Highsoft a worldwide, royalty-free, non-exclusive license to host and use any such content provided by You, and You hereby warrant that You have all the rights necessary to grant Highsoft such rights. This Agreement entitles Highsoft to use or make reference to Your name, brand, logo or similar for marketing purposes.
During the term of this Agreement You shall, without extra costs, have full access to Highcharts Cloud online support forum as set forth on Highsoft’s website. Technical support is limited to e-mail support during business hours in time zone CET. Maintenance releases such as bug fixes and new versions issued during the contract period shall automatically be available to You with no extra cost. Highsoft does not make any commitment to update Highcharts Cloud.
Highsoft warrants that it has all necessary rights to grant the License, and that Your use of Highcharts Cloud will not infringe any Intellectual Property Rights of any third party. Highsoft makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Highsoft does not warrant or make any representations concerning the accuracy, likely results, security or reliability of the use of the Highcharts Cloud.
In no event regardless of any negligence shall Highsoft be liable for any consequential, incidental, indirect, special or consequential damages, including but not limited to any lost revenue, profits, investments, data, use or lost savings arising out of the use or inability to use Highcharts Cloud even if Highsoft has been advised of the possibility of such potential loss or damage. Any liability for damages arising out of this Agreement shall in no event exceed the amount received by Highsoft from You under this Agreement, since its commencement.
Highsoft will defend, indemnify and hold You harmless against any claim stating that the Highcharts Cloud is violating any third party copyright or patent, provided that:
If Highsoft believes that Highcharts Cloud is likely to be subject of an infringement claim it may elect to replace or modify it to make it non-infringing or terminate the Agreement on 6 months written notice to You. Notwithstanding the foregoing, Highsoft’s indemnity obligations under this Section 13 Indemnity shall under any circumstances be limited to the total amount received by Highsoft from You under this Agreement since its commencement.
This Agreement shall be governed and construed in accordance with the laws of Norway. Any dispute between the parties that may arise in connection with, or as a result of the Agreement and which cannot be settled by mutual agreement shall be settled by proceedings before Bergen District Court (Bergen Tingrett).
All notices to Highsoft to be given under this Agreement shall be in writing and shall be delivered by electronic mail to firstname.lastname@example.org Information from Highsoft to You shall be in writing and shall be delivered by electronic mail to Your registered account. It is Your responsibility to ensure that the e-mail address in Your account is correct. All notices, demands or other communication given by a party to the other shall be deemed to have been duly given when made in writing and sent to the registered e-mail address. If you do not register for an account, Highsoft does not take responsibility for lost communication.