Legal Notice:
Data Machines products are not sold; rather, copies of Data Machines products are licensed to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH DATA MACHINES THAT CONTROLS AND ALTERS YOUR USE OF DATA MACHINES PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE END USER LICENSE AGREEMENTS (EULAs) FOR THE RESPECTIVE PRODUCTS BELOW APPLY TO YOU. Do also note that the EULA differs in various Data Machines products and may differ by geography.
These EULAs may change without notice and is for referral purposes only. You are bound by the specific EULA applicable to the products you have purchased and installed. Please consult your product to see the applicable EULA.

END USER SOFTWARE LICENSE AGREEMENT

DATA MACHINES, INC.
License for Bubble Chart Pro™ Bubble Chart Pro™ PLUS and Bubble Chart Pro™ OPTIMAL software

This is a legal agreement between you and Data Machines, Inc. covering your use of Bubble Chart Pro™ (the "Data Machines Software"). Be sure to read the following agreement before using the Software. BY USING THE SOFTWARE (REGARDLESS IF YOU HAVE REGISTERED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE OR INSTALL THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION.

1. License. The software accompanying this License (the "Data Machines Software") and the related documentation, if any, are licensed to you by Data Machines, Inc. ("Data Machines"). Data Machines retain title to the Data Machines Software and related documentation. You may operate this Data Machines Software on only one computer. The non-exclusive and non-transferable license granted by Data Machines to you is subject to all of the terms and conditions of this Agreement. All rights not expressly granted are reserved to Data Machines, Inc.

2. Restrictions. The Data Machines Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Data Machines Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Data Machines Software in whole or in part. You may not transfer your license rights in the Data Machines Software and related documentation to any other party. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Data Machines Software or related documentation.

3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Data Machines Software and related documentation and all copies thereof. This License will terminate immediately without notice from Data Machines if you fail to comply with any provision of this License. Upon termination you must destroy the Data Machines Software and related documentation and all copies thereof.

4. Export Law Assurances. You agree and certify that neither the Data Machines Software nor any other technical data received from Data Machines, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Data Machines Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Data Machines Software nor any other technical data received from Data Machines, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Data Machines Software.

5. Government End Users. If the Data Machines Software is supplied to the United States Government, the Data Machines Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Data Machines Software are as provided in clause 52.227-19 of the FAR.

6. Limited Warranty and Disclaimers.
a. Limited Warranty. Data Machines warrants that, as of the date on which the Software is made available to You whether or not You install, register, or use it, and for thirty (30) days thereafter (“Warranty Period”), the Software will provide the features and functions generally described in the User Documentation and that the media on which the Software is furnished, if any, will be free from defects in materials and workmanship. Data Machines’ entire liability and Your exclusive remedy during the Warranty Period as provided in this Section 6.a (“Limited Warranty”) will be, at Data Machines’ option, to attempt to correct or work around errors, to replace the defective media on which the Software is furnished, if any, or to refund the license fees and terminate this Agreement. Such refund is subject to the return of the defective media, if any, and User Documentation, with a copy of Your receipt to Your local Data Machines office or the authorized distributor from whom You obtained the Software during the Warranty Period.

b. Disclaimer of Warranty on Data Machines Software. You expressly acknowledge and agree that use of the Data Machines Software and documentation is at your sole risk. The Data Machines Software and related documentation are provided "AS IS" and without warranty of any kind except as described in Section 6.a and Data Machines and Data Machines’ Licensor(s) (for the purposes of provisions 6 and 7, Data Machines and Data Machines’ Licensor(s) shall be collectively referred to as "Data Machines") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DATA MACHINES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DATA MACHINES SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE DATA MACHINES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DATA MACHINES SOFTWARE WILL BE CORRECTED. FURTHERMORE, DATA MACHINES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DATA MACHINES SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DATA MACHINES OR A DATA MACHINES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE DATA MACHINES SOFTWARE PROVE DEFECTIVE, YOU (AND NOT DATA MACHINES OR A DATA MACHINES AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING DATA MACHINES PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY DATA MACHINES’ NEGLIGENCE.

You assume full responsibility for the selection of the product to achieve your intended purposes, for the proper installation and use of the product and for verifying the results obtained from use of the product, Data Machines does not warrant that the functions contained in the product will meet your requirements, that the product is fit for any particular purpose or that the operation of the product will be interruption or error
free.

7. Limitation of Liability.
DATA MACHINES is not responsible for any damage to the purchaser's computer system or data and in no event will DATA MACHINES, Inc., its officers, directors, employees or agents be responsible to the USER or purchaser for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use or inability to use the DATA MACHINES, Inc. product, even if DATA MACHINES has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DATA MACHINES BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE DATA MACHINES SOFTWARE OR RELATED DOCUMENTATION, EVEN IF DATA MACHINES OR A DATA MACHINES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In no event shall Data Machines’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Data Machines Software.

8. Warnings
a. Functionality Limitations. PROJECT PORTFOLIO AND PROJECT MANAGEMENT SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT. PROJECT PORTFOLIO AND PROJECT MANAGEMENT SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH PROJECT PORTFOLIO AND PROJECT MANAGEMENT AND ARE NOT SUBSTITUTES FOR INDEPENDENT DECISION ANALYSES. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. DATA MACHINES SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT.

b. Activation Code Required.
I. INSTALLATION, ACCESS, AND CONTINUED USE OF THE SOFTWARE MAY REQUIRE AN ACTIVATION CODE. REGISTRATION IS REQUIRED BEFORE AN ACTIVATION CODE IS ISSUED BY DATA MACHINES. YOU AGREE THAT DATA MACHINES MAY USE DATA AND INFORMATION PROVIDED BY YOU, AN AUTHORIZED RESELLER OR ANY OTHER THIRD PARTY ACTING ON YOUR BEHALF IN CONNECTION WITH YOUR PURCHASE OF THE SOFTWARE LICENSE TO REGISTER THE SOFTWARE. YOU AGREE TO PROVIDE DATA MACHINES, AN AUTHORIZED RESELLER OR ANY OTHER THIRD PARTY ACTING ON YOUR BEHALF WITH ACCURATE AND CURRENT REGISTRATION INFORMATION, INCLUDING UPON DATA MACHINES’ REQUEST, AND YOU FURTHER AGREE TO MAINTAIN AND UPDATE YOUR REGISTRATION INFORMATION THROUGH CUSTOMER DATA REGISTRATION PROCESSES THAT MAY BE PROVIDED BY DATA MACHINES. BY INSTALLING AND USING THE SOFTWARE, YOU CONSENT TO DATA MACHINES USING THE PERSONAL INFORMATION PROVIDED TO DATA MACHINES AT REGISTRATION, OR UPDATED THEREAFTER, TO ISSUE ACTIVATION CODES, TO MANAGE DATA MACHINES’ RELATIONSHIP WITH YOU (INCLUDING AUTOMATING THE ISSUANCE OF ACTIVATION CODES FOR FUTURE PURCHASES), AND TO OTHERWISE USE SUCH PERSONAL INFORMATION IN CONFORMANCE WITH ITS APPLICABLE PRIVACY POLICY, WHICH IS AVAILABLE ON DATA MACHINES’ WEBSITE OR ON REQUEST.

II. THE ACTIVATION SECURITY MECHANISMS MAY DISABLE THE SOFTWARE IF YOU TRY TO TRANSFER IT TO ANOTHER COMPUTER, IF YOU TAMPER WITH THE DATE SETTING MECHANISMS ON YOUR COMPUTER, IF YOU USE THE SOFTWARE PAST AN APPLICABLE EVALUATION PERIOD OR LIMITED TERM, OR IF YOU UNDERTAKE CERTAIN OTHER ACTIONS THAT MAY OFFSET THE SECURITY MODE. MORE INFORMATION IS CONTAINED IN THE APPLICABLE USER DOCUMENTATION OR AVAILABLE FROM DATA MACHINES ON REQUEST.

9. Miscellaneous.
a. Controlling Law. If there is a local subsidiary of Data Machines in the country in which the Data Machines Software was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, as applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
b. Severability. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
c. Waiver. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
d. Controlling Language. The controlling language of this agreement is English. If you have received a translation into another language, it has been provided for your convenience only.
e. Surviving Provisions. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
f. Fees. If any dispute arises under this agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
g. U.S. Government restricted Rights. All Software provided to the U.S. Government is provided with the same commercial license right and restrictions described elsewhere herein.

10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Data Machines Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Data Machines.

If you have any question concerning the above license, please write or call:

If you have any question concerning the above license, please write or call:

Data Machines, Inc.
122 Broadbent Road
Wilmington, DE 19810

Tel: 302-529-1193

Bubble Chart Pro™ is a trademark of Data Machines, Inc.