ProEssentials Lizenzierung

Alle Preise veroeffentlicht, bis hinauf zum groessten Kaeufer. Unbefristet, lizenzgebuehrenfrei und kostenlos fuer die kommerzielle Nutzung unter 250.000 USD Jahresumsatz.

ProEssentials charting license
perpetual royalty-free chart license
javascript charting library license
no license keys
ProEssentials licensing
royalty-free redistribution
commercial free tier charting
chart component licensing

ProEssentials Licensing

Two questions decide your license, and you can answer both without talking to us: how much revenue does your company make, and how many developers will touch the API. There is no enforcement machinery behind either one.

Every price is published on this page, through to the largest buyer, including the price to ship ProEssentials inside your own product. There is no quote wall at any level.

This page is the plain-English summary, arranged in the order a license agreement usually runs. The full agreement is published below and it is the binding document. Nothing is held back until after the sale.

1. Definitions

  • Developer. Any person, whether your employee or your contractor, working with the ProEssentials API at the same time as another. We count concurrent developers, not named individuals, so rotating people on and off a project costs you nothing.
  • Multi-Seat license. One legal entity, worldwide, with unlimited developers.
  • Annual revenue. Gross revenue for your prior fiscal year, counted across the group: parent, subsidiaries, and any entities under common ownership.
  • Your product. Any application, website, service or device you build with ProEssentials and supply to your own users or customers.

2. Grant of License

A ProEssentials license is perpetual and paid once. It grants you the right to develop with the library and to distribute it as part of your own product, royalty-free, with no per-unit fee and no reporting.

  • Unlimited applications, websites, domains, servers, end users and customer installations. We do not count any of them.
  • Internal and external deployment. We draw no distinction, and we do not charge more for the one that makes you money.
  • Delivering your software as a hosted or subscription service is ordinary use. SaaS is not a separate license type here, it costs no more, and we do not count tenants, subscribers or seats.
  • You may modify the code for your own use, keep a private repository of those changes, and ship the result.

3. License Types and Fees

ProEssentialsJS is priced by company revenue and licensed by legal entity.

Your annual revenue1 developerCompany
unlimited developers
Under $250KFreeFree
$250K - $2.5M$1,200Not offered. Buy one Single Seat per developer.
$2.5M - $25M$3,500$10,000
$25M - $500M$6,500$20,000
Over $500M$12,000$36,000

Four or more developers? Buy Company. It is cheaper on every row that offers one.

ProEssentials, native covers WinUI, WPF, WinForms, C++/MFC, Delphi and ActiveX. It is deliberately not revenue-bracketed: one flat price, one table.

LicensePriceCovers
Single Seat$4,799One developer
Multi-Seat$11,999One company, worldwide, unlimited developers
Upgrade, Single Seat$2,799From v10, v9 or v8

macOS and Linux are included in the native license when they ship. They are not separate SKUs, so new platforms increase the value of a license you already own rather than adding a line item.

Buying both. Full price for the more expensive product, 33% off the cheaper one. It applies automatically in the cart, and it is a rule rather than a table, so it holds at every bracket without anything to keep in sync. One combo discount per order, taken on the cheaper of the two licenses.

4. Free Commercial Use

Not a trial, not a community edition, and not restricted to non-commercial work. Organizations under $250,000 USD annual gross revenue use ProEssentialsJS free, commercially, with redistribution included. No watermark. No feature gates. No expiry. No reduced feature set.

Personal and non-commercial use is free for anyone, at any time, with no revenue test at all. Building something for yourself, learning, or a hobby project, that is yours, free.

So is teaching. Accredited schools, colleges and universities, their students and their faculty use ProEssentialsJS free for classroom instruction, coursework and academic research, whatever the institution's size. You may also build and sell a course, tutorial or book about it. This does not cover a school's administrative systems or commercially funded research.

  • Building software for another organization? That organization is the license holder and the revenue test applies to them. As their contractor, you are covered by their license.
  • Crossed the threshold? Buy a license when your next fiscal year starts. Nothing breaks and we do not backdate.

Separately, and regardless of revenue, ProEssentials is free to evaluate and develop with, permanently. No account, no registration, no email, no expiry. ProEssentialsJS evaluation is unwatermarked; the native library shows an evaluation prompt in the center of the chart until it is licensed.

5. Restrictions on Use of the Code

Read it, step through it, debug it. That is normal, and it is fine. What is not fine is taking it apart to build something with it.

Specifically: do not extract our rendering engine, algorithms or techniques for use in other software. Do not republish the library, or a derivative of it, as a library. Ship it inside your product rather than as a component others can pick up. Do not decompile or disassemble the compiled portions of the engine. Do not strip the copyright and license headers.

There is no post-termination non-compete period. Your obligations concern our code, not your business.

6. Ownership and Copyright

Gigasoft, Inc. retains ownership of ProEssentials and all intellectual property in it. A license grants you rights to use and distribute the library within your own product; it is not a sale of the software itself. Your application, your data and your code remain entirely yours.

7. Term

Perpetual. The license does not expire, does not require renewal, and cannot be switched off. A version you license today keeps working for as long as you choose to ship it, whether or not you ever buy from us again.

A license ends only if you breach the restrictions in section 5 or the redistribution terms. If that happens you stop using and stop shipping the library, but your customers keep running the software you already gave them. We will not pursue your end users over a dispute with you.

8. Support and Maintenance

Free, unlimited, for the life of the version, at every tier including the free one. No ticket allowance, no incident count, no support contract to keep current, and no tier of the product where support costs extra.

Questions are answered by the people who wrote the engine, usually the same day. Maintenance releases within your version are included.

9. Delivery and Deployment

ProEssentialsJS installs from npm or drops in as two script tags, with no build step. The native library installs from our download or from NuGet.

No license keys. No activation. No domain locking. No registration. No phone-home.

Your purchase is confirmed by a license document carrying your name, serial number, purchase date and contact details. It is proof of purchase, not a gate: ProEssentialsJS runs without it and nothing is entered into a build. The native library takes the serial once at install, and one constant line of code in your application, the same line for every developer and every app.

Deployment to any number of domains, servers and customer machines needs no additional step and no additional purchase.

10. Data Protection and Telemetry

None. ProEssentials collects no usage data, no analytics, and no license-audit information. It does not report the URL it is deployed on, does not identify your build, and makes no network call it did not otherwise need to render your chart.

This is true of every tier, including the free one, and on both development machines and production deployments. There is no audit clause and no air-gapped edition, because there is nothing to switch off.

11. Affiliates and Assignment

A Multi-Seat license covers one legal entity, worldwide: all of its developers, all of its locations, all of its deployments, anywhere.

It does not extend to parent companies, subsidiaries or affiliates. Entities under common ownership are licensed separately. Revenue is measured across the group; the license covers the purchasing entity.

Priced by how big you are, licensed by who you are.

12. Intellectual Property Indemnity

If someone claims the library infringes their patent, copyright, trademark or trade secret, we defend you. Tell us promptly, let us run the defense, and we pay what is awarded or what we agree in settlement.

We can offer that because the rendering engine is ours. It was written here, it has been shipping since 1995, and it does not sit on top of somebody else's rendering library.

Our liability under this section is capped at the license fees you paid us. It does not cover claims arising from your own modifications, or from combining the library with something we did not supply.

13. Questions and Purchase

Choose a license and buy, read how ProEssentialsJS compares on licensing and everything else, or ask us a question. Licensing questions are answered by the people who set the terms.

The summary above is written for developers and their managers. The binding document is the Gigasoft Standard License Agreement 11.0, published in full immediately below this summary. You do not have to ask for it and you do not have to buy to read it.

The full license agreement

Below is the complete Gigasoft Standard License Agreement 11.0, the binding document, published in full. Nothing is held back for after the sale and there is nothing to request. The summary above is written for developers and their managers; this is the instrument itself, and where the two differ this text governs. Last updated 2026-09-02.

================================================= GIGASOFT STANDARD LICENSE AGREEMENT 11.0 PROESSENTIALS v11 AND PROESSENTIALS JS v11 Effective 2 September 2026 === This is a Software License Agreement granted by Gigasoft, Inc. The Software is owned exclusively by Gigasoft, Inc. and remains its intellectual property. It is protected by United States copyright law and international treaty provisions. The Software is provided to the original purchaser and to any subsequent owner of the Software media strictly for use under the license terms outlined below.

1. DEFINITIONS

"Gigasoft" means Gigasoft, Inc., Chico, Texas, United States of America. "Licensee" means the person or legal entity that acquired the license, and to whom the license is issued. "Software" means ProEssentials and ProEssentials JS in the licensed version, including the compiled engine, the .NET and native assemblies, the JavaScript and WebAssembly modules, the type declarations, the accompanying support files, and any documentation supplied with them. "Developer" means any person, whether an employee or a subcontractor of Licensee, simultaneously working with the Software's API. Gigasoft counts concurrent Developers rather than named individuals. "Commercial Use" means any use of the Software by or for a business or other organization, whatever the audience and wherever the software runs. Commercial Use expressly and without distinction includes all of the following: (a) public web sites and public web applications; (b) applications distributed to customers or to the public; (c) internal intranet sites and internal web applications; (d) internal desktop, server and embedded applications; (e) applications used only by Licensee's own employees; (f) applications developed by Licensee for another organization; and (g) software delivered as a hosted or subscription service, including software as a service, whether to customers or within Licensee's own organization. Delivery as a hosted or subscription service is ordinary Commercial Use under this Agreement. It is not a separate license type, it carries no additional fee, and it is not restricted by the number of tenants, subscribers, seats or end users served. This Agreement draws no distinction between internal and external use, between public and private deployment, or between revenue-generating and cost-center use. All of the above are Commercial Use and all are permitted under the same license. "Evaluation Use" means use of the Software to assess it and to develop with it prior to deploying a commercial product. Evaluation Use is not Commercial Use. "Annual Gross Revenue" means the total revenue of Licensee for its prior fiscal year, counted across the group: parent, subsidiaries, and any entity under common ownership or control. "Major Version" means a release that Gigasoft designates as a new major version, being a release in which Gigasoft has packaged enough new functionality to warrant one. The version number preceding the first separator identifies the Major Version. A license is granted for one Major Version. Use of the code or features of a later Major Version requires the purchase of an upgrade. "Redistributables" means the files listed in section 9. "End User" means a person or organization that receives Licensee's application containing the Redistributables, and that does not itself develop with the Software.

2. LICENSES GRANTED

Gigasoft grants Licensee the rights set out below, according to the license purchased. Every license granted under this Agreement is perpetual and paid once, and covers one Major Version. Single Seat one Developer. Multi-Seat one legal entity, worldwide, unlimited Developers. ProEssentials JS is additionally licensed by Licensee's Annual Gross Revenue, in the brackets published at gigasoft.com/license. A license covers the purchasing entity only; other entities in the group require their own licenses at the same bracket.

3. FREE COMMERCIAL USE

An organization with less than USD 250,000 Annual Gross Revenue may put the Software to Commercial Use, including redistribution under section 9, at no charge, under all the terms of this Agreement. There is no watermark, no feature restriction, no expiry, and no reduced feature set. Where Licensee develops software for another organization, that organization is the license holder and the revenue test applies to it; Licensee is covered by that organization's license. Personal and non-commercial use is free. An individual may use the Software at no charge for personal projects, study, hobby or research, or for any other purpose that is not Commercial Use, without time limit. Teaching and learning are free at any revenue level. An educational institution accredited by the relevant national or regional authority, together with its enrolled students and its faculty, may use the Software at no charge for classroom instruction, for coursework, and for academic research, whatever the institution's Annual Gross Revenue. Anyone may use the Software at no charge to produce a course, tutorial, book, article or other teaching material about it, and may sell that material. The two preceding paragraphs do not extend to an institution's administrative, operational or commercial systems, or to research funded by or carried out for a commercial entity. Those are ordinary Commercial Use, and the revenue test in this section applies to them. Separately, and at any revenue level, Evaluation Use is permitted at no charge and without time limit. Commercial Use requires the license appropriate to Licensee's Annual Gross Revenue.

4. PERMITTED USE

Licensee may put the Software to Commercial Use as defined in section 1, with no distinction drawn between internal and external use, and may deploy it in any number of applications, web sites, domains, servers, customer installations and End Users. Licensee is responsible for the acts and omissions of its Developers and of any person to whom Licensee gives access to the Software, and shall ensure that each of them observes the terms of this Agreement. Licensee may make backup copies of the licensed Software for archival purposes. All backup copies, along with the original, must remain in Licensee's possession or control, must include all proprietary notices, and must be clearly labeled to indicate that they are the property of Gigasoft and that their use is subject to this Agreement.

5. LICENSE FEE AND PAYMENT

Where a license fee is payable under section 3, the fee is the amount for Licensee's Annual Gross Revenue bracket published at gigasoft.com/license at the time of purchase, or the amount stated on Gigasoft's quotation or invoice for that purchase. Gigasoft publishes every price, through to the largest bracket. No price under this Agreement requires Licensee to request a quotation. The license fee is paid once. There is no renewal fee, no subscription, no maintenance fee, no per-seat recurring charge, and no royalty or per-unit fee on distribution under section 9. Support under section 10 is included at no additional charge. Where Licensee pays by card at the time of purchase, payment is due immediately. Where Gigasoft invoices Licensee, payment is due within thirty (30) days of the invoice date. Gigasoft may charge interest on overdue amounts at the lower of one percent (1%) per month or the maximum rate permitted by applicable law. Amounts are stated in USD (ISO 4217) and are exclusive of any sales, use, value added, withholding or similar taxes, which are Licensee's responsibility except for taxes on Gigasoft's net income. Where Licensee is required by law to withhold tax from a payment, Licensee shall increase the amount payable so that Gigasoft receives the amount it would have received had no withholding been required. The rights granted under this Agreement are conditional on payment of the applicable license fee in full. Where a person or entity puts the Software to Commercial Use without holding the license its Annual Gross Revenue requires, or distributes the Redistributables without holding the license that permits it, the license fee that would have applied becomes payable for the period of that use, together with interest at the rate stated above. That obligation arises from the use itself. It does not depend on this Agreement having been terminated, and it is not reduced by ceasing the use after the fact. Gigasoft does not audit Licensee's use or Licensee's revenue, and nothing in the preceding paragraph creates a right of audit, a duty to report, or any obligation to disclose. It states what is owed if unlicensed use comes to light. It is not a means of discovering it. Licensee's Annual Gross Revenue at the time of purchase is its revenue for the prior fiscal year. Where Licensee's Annual Gross Revenue for any subsequent fiscal year exceeds the bracket under which the license was purchased, Licensee shall obtain the license for the bracket into which Licensee has moved. The license already purchased remains valid and perpetual, and the obligation is to purchase the difference to the higher bracket rather than to purchase again. The bracket structure applicable to Licensee is the structure published at gigasoft.com/license at the time of Licensee's purchase. Gigasoft may change that structure for later purchasers. No such change alters the brackets applicable to Licensee, or Licensee's obligations under this section, at any time thereafter. Consistent with section 11, Gigasoft does not audit Licensee's use, does not audit Licensee's revenue, and does not invoice Licensee for use exceeding the scope of the license purchased. Licensee is responsible for monitoring its own Annual Gross Revenue and for obtaining the license its revenue requires. Licensee may purchase a higher bracket at the outset if it prefers not to monitor.

6. DELIVERY

The Software is delivered electronically. Gigasoft supplies no physical media. Delivery is complete when the Software is made available to Licensee for download, or is published to a package registry from which Licensee may obtain it. Each distributed package carries a license declaration and a copyright notice suitable for software bill of materials tooling. ProEssentials JS is compiled to WebAssembly with the Emscripten toolchain, which links its own implementations of the runtime services a C++ program would otherwise obtain from an operating system. The distributed WebAssembly module therefore includes components of Emscripten, musl-derived C library code, LLVM C++ standard library and compiler runtime code, and the dlmalloc allocator, under the MIT, University of Illinois/NCSA, and Apache-2.0-with-LLVM-Exception licenses and the public domain respectively. Each is permissive, none is copyleft, and none imposes any obligation on Licensee's own software. The components and the full text of their licenses are listed in the THIRD-PARTY-NOTICES file distributed with the package. Beyond those toolchain components the Software incorporates no third-party code, and in particular the charting engine incorporates no third-party charting, rendering or graphics library.

7. TRANSFER

Licensee may transfer its rights under this Agreement to another party, provided the recipient agrees to the terms and conditions of this Agreement and Gigasoft is notified in writing. Upon such transfer, Licensee must transfer all copies of the Software to the recipient or destroy them.

8. RESTRICTIONS

Licensee may inspect, debug and step through the Software as necessary to develop and maintain Licensee's own applications. Licensee shall not: (a) decompile, disassemble, or otherwise attempt to derive the source form of any compiled or binary component of the Software, except to the extent such restriction is prohibited by applicable law; (b) extract, isolate, or repurpose any algorithm, rendering technique, data structure, or other implementation method embodied in the Software for incorporation into any other software, whether or not that software competes with the Software; (c) distribute, publish, sublicense, or otherwise make the Software, or any derivative or extracted portion of it, available as a standalone library, component, framework, or development tool. The Software may be distributed only as an integral, non-separable part of Licensee's own application; (d) remove, obscure, or alter any copyright notice, license header, proprietary marking, or attribution contained in the Software; or (e) rent, lease, or otherwise provide the Software to third parties except as permitted by section 9. No restriction in this Agreement survives its termination as a limitation on Licensee's own business. Licensee is free to develop, sell and support any product it wishes, at any time, provided it does so without the Software's code.

9. REDISTRIBUTION

Gigasoft grants Licensee a non-exclusive, royalty-free right to reproduce and distribute the following files, with no per-unit fee and no reporting: Native and .NET: Gigasoft.ProEssentialsWinUI.Dll, Gigasoft.ProEssentialsWpf.Dll, Gigasoft.ProEssentials.Dll, Gigasoft.ProEssentialsWeb.Dll, PEGRP64I.DLL, PEGRPARM64I.DLL, PEGRPI.DLL, PEGRP32I.DLL, PE3DOI.OCX, PEGOI.OCX, PESGOI.OCX, PEPSOI.OCX, PEPCOI.OCX ProEssentials JS: proessentials.js, proessentials.wasm, and the accompanying type declaration and support files supplied with them, however obtained. Redistribution is subject to the following conditions. The files must be distributed exclusively as part of Licensee's own software application, in which the Software adds significant functionality and is not itself the product offered. Licensee must include a copyright notice attributing Licensee's name in the application. Licensee agrees to indemnify, hold harmless, and defend Gigasoft against any claims, lawsuits, or liabilities, including legal costs, arising from the use or distribution of Licensee's application. There is no limit on the number of applications, domains, servers, customer installations or End Users to which Licensee may distribute the Software. This section permits Licensee to distribute the Software inside Licensee's own application. It does not permit Licensee to offer the Software's charting capability to third parties as a means for those third parties to build and publish their own charting or visualization products, whether through the Software's API, an equivalent programming surface, or an authoring interface built over it. That use requires a separate written agreement with Gigasoft, which Gigasoft will not unreasonably withhold. Nothing in this paragraph limits the rights of End Users, which remain unlimited under this section.

10. SUPPORT

Gigasoft provides technical support and maintenance releases within the licensed Major Version at no charge, without limit on the number of requests, for the life of that Major Version, at every license tier including the free tier described in section 3.

11. NO KEYS, NO ACTIVATION, NO TELEMETRY

The Software requires no license key, no activation, and no registration, and it is not locked to any domain, machine, or build. Gigasoft does not collect usage data, analytics, or license-audit information from the Software, and the Software makes no network call that its rendering does not otherwise require. Gigasoft does not audit Licensee's use of the Software.

12. DATA PROTECTION

The Software does not collect, process, store or transmit personal data. It contains no analytics, no telemetry, no crash reporting and no license-audit reporting, and it makes no network call that its rendering does not otherwise require. It operates unchanged on a network with no outbound connectivity. Gigasoft is therefore not a processor of Licensee's personal data in respect of the Software, and no data processing agreement is required in respect of it. Data that Licensee supplies to the Software for display remains entirely within Licensee's own application and is never transmitted to Gigasoft. Personal data that Licensee provides to Gigasoft directly, in the course of purchasing a license or requesting support, is processed by Gigasoft solely to perform this Agreement and to provide that support, and is handled in accordance with the privacy policy published at gigasoft.com.

13. EXPORT CONTROL

The Software is of United States origin and is subject to the United States Export Administration Regulations and other applicable United States and foreign export laws. Licensee shall comply with all such laws, and shall not export, re-export, transfer or release the Software, directly or indirectly, to any country, entity, or person prohibited by them, nor to any party appearing on a list of restricted or denied parties maintained by an agency of the United States government, nor for any end use prohibited by them, including any use related to nuclear, chemical or biological weapons or missile technology. Licensee represents that it is not located in, under the control of, or a national or resident of any country or on any list to which such export is prohibited.

14. CONFIDENTIALITY

"Confidential Information" means any non-public technical information Gigasoft supplies about the internal operation of the Software, and any information either party marks as confidential at the time of disclosure. Each party shall protect the other's Confidential Information with at least the care it applies to its own, and shall not disclose it except to those of its personnel and contractors who need it to perform this Agreement and who are bound by obligations no less protective than these. These obligations do not apply to information that is or becomes public through no fault of the receiving party, that the receiving party already held without obligation, that it independently developed, or that it is required to disclose by law or court order, provided it gives the other party reasonable notice where it is lawfully able to do so. The obligations in this section survive termination of this Agreement.

15. INTELLECTUAL PROPERTY INDEMNITY

Gigasoft owns or has the right to license all intellectual property in the Software. The rendering engine is Gigasoft's own work, developed in house, and does not incorporate a third-party rendering library. Gigasoft shall defend Licensee against any third-party claim that the Software, used in accordance with this Agreement, infringes that third party's patent, copyright, trademark or trade secret, and shall pay any damages finally awarded against Licensee or agreed in settlement by Gigasoft, provided that Licensee promptly notifies Gigasoft in writing of the claim, gives Gigasoft sole control of the defense and settlement, and provides reasonable cooperation at Gigasoft's expense. Should the Software become, or in Gigasoft's opinion be likely to become, the subject of such a claim, Gigasoft may at its option and expense procure for Licensee the right to continue using the Software, replace or modify it so that it becomes non-infringing while remaining substantially equivalent in function, or, if neither is commercially reasonable, terminate the license and refund the license fee paid, less a reasonable allowance for the period of use. Gigasoft has no obligation under this section to the extent a claim arises from modification of the Software by anyone other than Gigasoft, from combination of the Software with anything not supplied by Gigasoft where the claim would not have arisen but for that combination, from Licensee's continued use after Gigasoft has supplied a non-infringing version, or from use not permitted by this Agreement. Gigasoft's liability for damages under this section shall not exceed the license fees actually paid by Licensee to Gigasoft for the Software. That limit applies to this section alone and is separate from, and additional to, the aggregate limit in section 18.3. The cost of defending a claim under this section is borne by Gigasoft and does not count against either limit. This section states Gigasoft's entire obligation and Licensee's exclusive remedy for any claim of intellectual property infringement.

16. TERM

This Agreement is perpetual. Licensee may use the licensed Major Version indefinitely, provided Licensee adheres to these terms. Where Licensee is in material breach of section 8 or section 9, Gigasoft shall notify Licensee in writing, describing the breach. Where the breach is capable of being cured, Licensee has thirty (30) days from that notice in which to cure it, and this Agreement terminates only if Licensee fails to do so within that period. Where the breach is not capable of being cured, Gigasoft may terminate on written notice. This Agreement also terminates automatically if Licensee is dissolved, ceases to carry on business, becomes unable to pay its debts as they fall due, becomes insolvent, or has an administrator, receiver, liquidator or trustee appointed over its assets. Termination under this paragraph does not affect End Users under section 17(c). Sections 1, 2, 5, 8, 12, 13, 14, 15, 17, 18, 19 and 21 survive termination.

17. EFFECTS OF TERMINATION

On termination of this Agreement: (a) Licensee shall immediately cease all use of the Software, including use in Licensee's own deployed applications and including the operation of any hosted or subscription service that uses the Software, and shall cease all further distribution of the Redistributables; (b) Licensee shall destroy all copies of the Software in its possession or control, and shall on request confirm in writing that it has done so; (c) the rights of End Users who received Licensee's application before termination are NOT affected, provided that Licensee held, at the time of that distribution, the license this Agreement required for it. Those End Users may continue to run and use the application containing the Redistributables, and Gigasoft will not assert a claim against them arising from Licensee's breach. Licensee may not supply the application to any further End User. Where the application was distributed without the license this Agreement required, this paragraph does not apply; (d) no license fee is refundable on termination for Licensee's breach; (e) termination does not affect any right or liability accrued before it, including any fee payable under section 5 for use without the required license; and (f) the remedies in this section are in addition to, and not in place of, any other remedy available to Gigasoft at law or in equity, including under copyright law. Termination is not Gigasoft's exclusive remedy.

18. LIMITATION OF LIABILITY

18.1 What is never limited. Nothing in this Agreement limits or excludes either party's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law. Where Licensee is a consumer, statutory rights that cannot be excluded are unaffected. 18.2 Damages Gigasoft is not liable for. Except as expressly provided in section 15, Gigasoft is not liable for any indirect, incidental, special, punitive or consequential damages, nor for loss of profits, revenue, business, goodwill, anticipated savings, or the loss or corruption of data, arising from the use, operation, or inability to use the Software, even if Gigasoft has been advised of the possibility of such damages. 18.3 Aggregate limit. Gigasoft's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort, under any warranty, or on any other basis, shall not exceed the license fees actually paid by Licensee to Gigasoft for the Software. This limit is cumulative and applies across all claims. Amounts payable under section 15, and the cost of defending a claim under that section, are outside this limit and are governed by section 15. Where Licensee holds a license under section 3 for which no fee was payable, Licensee has paid nothing and this limit is accordingly nil. Gigasoft's obligations to correct the Software under section 19.2, and to defend Licensee under section 15, are not affected by that. 18.4 Licensee's own applications. Licensee is solely responsible for the applications into which Licensee incorporates the Software. Incorporating the Software into an application does not expand Gigasoft's liability under this Agreement in any way. Gigasoft is not responsible or liable for any aspect of Licensee's application, including its reliability, availability, uptime, functioning, safety or fitness for any purpose, and Gigasoft is not a party to any obligation, warranty or service level Licensee undertakes toward its own customers. 18.5 Allocation of risk. The license fees for the Software do not include any consideration for the assumption of risk by Gigasoft, and the limits in this section reflect that allocation. The entire risk as to the results and performance of the Software is assumed by Licensee.

19. LIMITED WARRANTY

19.1 What Gigasoft warrants. Gigasoft warrants that: (a) the Software will perform substantially in accordance with the documentation Gigasoft publishes for it, when used in accordance with that documentation, for the life of the licensed Major Version; (b) Gigasoft owns the Software or otherwise has the right to license it on these terms, and the rendering engine is Gigasoft's own work rather than a licensed or open-source rendering library; (c) Gigasoft has not knowingly placed, and uses reasonable measures to avoid placing, any virus, worm, back door, disabling device, licence-enforcement routine or other harmful code in the Software, and screens each release for malicious code in accordance with ordinary industry practice; and (d) Gigasoft will perform its obligations under this Agreement in accordance with applicable law. \*\*\* THE WARRANTY IN 19.1(a) RUNS FOR THE LIFE OF THE MAJOR VERSION, AND IT APPLIES AT EVERY LICENSE TIER, INCLUDING THE FREE TIER DESCRIBED IN SECTION 3. THE SOFTWARE SUPPLIED UNDER THE FREE TIER IS THE SAME SOFTWARE, AND IT CARRIES THE SAME WARRANTY. \*\*\* 19.2 Licensee's remedy. If the Software does not meet the warranty in 19.1(a), Licensee shall notify Gigasoft. Gigasoft shall, at its option, correct the Software or supply a release that conforms. Where Gigasoft is unable to do either within a reasonable time, Gigasoft shall refund the license fees paid by Licensee for the Software. That is Licensee's exclusive remedy for breach of 19.1(a). 19.3 What the warranty does not cover. The warranty in 19.1(a) does not apply where the Software has been modified by anyone other than Gigasoft, has been used other than in accordance with the documentation, or has been used in an operating environment Gigasoft does not support. Licensee acknowledges that no software of this kind is free of defects, that a non-material error is not a breach of this Agreement, and that the Software is a general-purpose component that has not been developed to meet Licensee's particular requirements. Licensee is responsible for satisfying itself that the Software is suitable for Licensee's purpose. 19.4 No other warranties. The warranties expressed in this section are the only warranties made by Gigasoft, and are provided in lieu of all other warranties, whether express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. Gigasoft does not warrant that operation of the Software will be uninterrupted or error free, or that it will meet requirements Gigasoft has not agreed in writing. These warranties grant Licensee specific legal rights, and Licensee may have other rights that vary by jurisdiction. Some jurisdictions do not allow the exclusion or limitation of warranties, so the above limitations or exclusions may not apply to Licensee.

20. U.S. GOVERNMENT END USERS

The Software and accompanying documentation are commercial computer software and commercial computer software documentation. Use, reproduction, modification, disclosure, or distribution by the U.S. Government is subject to the terms of this License Agreement and applicable federal procurement regulations, including FAR 12.212 and, for Department of Defense acquisitions, DFARS 227.7202.

21. GENERAL

Notices under this Agreement shall be in writing. Notice to Gigasoft is given at the address published at gigasoft.com/contact. Notice to Licensee is given at the postal or email address Licensee supplied when purchasing, or any address Licensee has since notified to Gigasoft in writing. A notice sent by email is effective on the next business day after it is sent, unless the sender receives notification that it was not delivered. A notice sent by post is effective five business days after posting. Either party may change its address for notices by notifying the other in writing. This Agreement is the complete and exclusive statement of the parties' agreement, and supersedes any prior or contemporaneous understanding on its subject matter. No variation of this Agreement is effective unless it is in writing and signed by both parties. A purchase order, vendor portal terms, or other document issued by Licensee does not vary this Agreement, and any additional or conflicting term in such a document has no effect. A party's failure or delay in enforcing any provision of this Agreement is not a waiver of it, and waiving one breach does not waive any other. Licensee may transfer this Agreement only as provided in section 7. Gigasoft may assign this Agreement, in whole or in part, to a successor in connection with a merger, acquisition, or sale of all or substantially all of the assets of the business to which it relates. Gigasoft's assignment does not alter Licensee's rights under this Agreement. Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship between the parties. Except for End Users under section 17(c), this Agreement is made for the benefit of the parties alone, and no other person may enforce any of its terms. The parties may vary or terminate this Agreement without the consent of any End User. Neither party is liable for any failure or delay in performing its obligations, other than an obligation to pay money, caused by an event outside its reasonable control. The affected party shall notify the other and resume performance as soon as it reasonably can. Should any provision be held invalid by any court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remainder shall nonetheless remain in full force and effect. This Agreement shall be controlled by the laws of the State of Texas and of the United States of America, without regard to its conflict of laws provisions. The exclusive venue for any dispute arising under this Agreement shall be the state courts of Wise County, Texas, and the United States District Court for the Northern District of Texas, Fort Worth Division, and each party consents to the jurisdiction of those courts. COPYRIGHT 1994-2026 BY GIGASOFT, INC. ALL RIGHTS RESERVED