License Agreement for FastReport Viewer
Copyright (c) 1998-2025 Fast Reports Inc.
IMPORTANT NOTICE: THIS IS A LEGALLY-BINDING CONTRACT. THIS AGREEMENT, RELATED DOCUMENTATION, AND TERMS INCORPORATED BY REFERENCE (“Agreement”) AFFECT YOUR LEGAL RIGHTS AND WILL BE WHOLLY AGREED TO BY YOU THROUGH USE OF FastReport Viewer.
IF YOU DO NOT WHOLLY AGREE TO THIS AGREEMENT, DO NOT USE FAST REPORTS SOFTWARE OR SERVICES
This Agreement governs access to and use of the Fast Reports Inc. (“Fast Reports”) Software and Services by all Licensees and End Users, as applicable. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles.
YOU ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WHETHER YOU ACCESS THE SOFTWARE OR SERVICES DIRECTLY FROM FAST REPORTS, OR THROUGH ANY OTHER SOURCE. BY USING AND/OR OPERATING THE SOFTWARE AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS AGREEMENT AND/OR TO DECLINE THIS AGREEMENT, YOU SHALL NOT USE AND/OR OPERATE THE SOFTWARE AND SERVICES. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE AGAINST YOU PURSUANT TO ITS TERMS TO THE SAME EXTENT AS ANY WRITTEN NEGOTIATED AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU SHOULD NOT OPERATE THE SOFTWARE AND SERVICES AND YOU WILL NOT BE ALLOWED TO USE, OR OPERATE THE SOFTWARE AND SERVICES.
If You do NOT AGREE to any specific additional terms which apply to particular Software or to particular features thereof, then You should NOT use that part of the Software. When using or taking advantage of any Services, should You visit another website or obtain any products, applications, or services from another entity or provider, whether free of charge or for payment, You will be subject that third-party’s guidelines and conditions applicable to such products, applications or services, and NOT those of Fast Reports.
FAST REPORTS INC.’S PRIVACY POLICY IS INCORPORATED AND MADE A BINDING PART OF THIS AGREEMENT.
TERMS AND DEFINITIONS
The capitalized words and expressions used in this Agreement shall have the following meanings, unless otherwise expressly defined hereinafter:
“Documentation” means user manuals, operator instructions, training materials, product descriptions and specifications, technical manuals, supporting materials, maintenance know how, text and graphic elements of all user interfaces and any modifications or upgrades of the foregoing, developed for use in connection with the Software and provided or made available by Fast Reports from time to time, including, but not limited to the Documentation found at https://www.fast-report.com/downloads/documentation.
“Intellectual Property Rights” mean all worldwide (i) inventions (whether patentable or unpatentable, whether or not reduced to practice, and/or whether developed alone or jointly with others), all improvements thereto, patents, patent applications, patent and invention disclosures, and all other rights of inventorship, together with all reissuances, continuations, continuations-in-part, divisions, revisions, supplementary protection certificates, extensions and re- examinations thereof; (ii) Internet domain names, trademarks, service marks, trade dress, trade names, logos, designs, slogans, product names, corporate names, together with all of the goodwill symbolized thereby and associated therewith, and registrations and applications for registration thereof and renewals thereof; (iii) copyrights (registered or unregistered), copyrightable works, rights of authorship, and registrations and applications for registration thereof and renewals thereof; (iv) integrated circuit designs, cell libraries, electronic masks, net lists, simulations, mask works, semiconductor chip rights, and registrations and applications for registration thereof and renewals thereof; (v) computer software (including without limitation Source Code, Source Code engines, source data files, and Object Code), software development tools (including without limitation, assemblers, compilers, converters, utilities, compression tools), libraries, algorithms, routines, subroutines, commented and documented code, programmer’s notes, system architecture, logic flow, data, computer applications and operating programs, databases and documentation thereof; (vi) trade secrets and other confidential information (including without limitation ideas, technologies, know- how, manufacturing and production processes and techniques, research and development information, drawings, schematics, specifications, bill of material, designs, plans, proposals, technical data, pricing data, marketing data, financial records, Licensee and supplier lists, and other proprietary information), (vii) copies and tangible embodiments thereof (in whatever form or medium), and all modifications, enhancements and derivative works of any of the foregoing; and (viii) all rights to sue and collect remedies for any past, present and future infringement of any of the foregoing, and rights of priority and protection of interests therein under the laws of any jurisdiction worldwide.
“Licensee” means a person who has purchased the Software from Fast Reports by paying the License Fee and has entered this Agreement for the purpose of Operating the Fast Reports’ Software in accordance with the terms and conditions of this Agreement as part of the Solution developed by Licensee.
“Object Code” means computer programs assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse-assembly, reverse-compiling, or Reverse Engineering.
“Operate” means to access, download, store, load, install, execute, configure, upload templates and other materials, copy the Software into the memory of a computer or otherwise benefit from using the functionality of the Software in accordance with this Agreement and the Documentation.
“Reverse Engineer(ing)” means the examination, disassembly, de-compilation, decryption, simulation, code tracing of object code or executable code, debugging, or analysis of the Software or Confidential Information to determine its Source Code, structure, organization, internal design, constituent technologies, algorithms or encryption devices.
“Software” means the computer programs created by Fast Reports, and licensed under this Agreement, and including all forms of code, such as Source Code and Object Code, any upgrades, modified versions, Updates, and additions thereto, in any form and on any media including all fixes, updates, modifications, enhancements and new releases of the foregoing, namely: "FastReport Viewer.”
“Source Code” means the human-readable form of the computer programming code and related system documentation including all comments and any procedural code such as job control language.
“Updates” means a subsequent release of the Software that Fast Reports generally makes available to its supported licensees at no additional license fees during the License Term and shall not include any software which Fast Reports licenses as a separate product on its website.
1. LICENSE GRANT
1.1 License. Subject to the terms and conditions set forth herein, Fast Reports hereby grants to Licensee the following rights (the “License”) and Licensee hereby accepts such License: a worldwide, non-exclusive, personal, limited, non-transferable (except as otherwise specifically provided herein) (unless otherwise terminated pursuant to the terms hereof) right (without the right to sublicense, unless explicitly agreed by Fast Reports in writing) to Operate the Software for the express purpose of viewing Fast Reports formatted reports.
2. OWNERSHIP
2.1 Ownership of Software. Licensee agrees that all right, title, and interest in and to Software, including Updates, modifications, derivative works, developments, improvements, enhancements thereto (made by or on behalf of Fast Reports), including the FastReport® name and logo, and all other Services, design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the Software (including color combinations, layout, design and all other graphical elements), and all Intellectual Property Rights in and to the same are, and always shall remain, the sole and exclusive property of Fast Reports, and/or its affiliates, as applicable. Licensee acknowledges that the Source Code for the Software is proprietary to Fast Reports and constitutes trade secrets of Fast Reports. No right to disclose, use, print, copy, or display the Software in whole or in part is granted hereby, except as expressly provided herein. Fast Reports and/or its affiliates, retain the right to market and distribute Software worldwide through retail, distribution, and any other marketing channels as Fast Reports may deem appropriate.
2.2 No Assignment. Nothing in this Agreement or through the Operation of the Software or enjoyment of the Services shall be construed as granting a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of Fast Reports or any other third party, except as otherwise granted herein. Similarly, unless otherwise specifically provided herein or authorized by Fast Reports in writing, all rights in the Software and Services expressly granted herein are reserved by Fast Reports.
2.3 Attribution. Licensee hereby agrees not to delete nor change any attribution or proprietary rights notices in any Software or Service content. Any copies of the Software that are permitted to be made under the Agreement must contain the original copyright and other intellectual property notices that appear in the Software itself, as well as this Agreement.
2.4 Trade Secrets. The internal structure, composition, and code of the Software are valuable trade secrets and Confidential Information belonging to the Fast Reports.
3. LICENSEE OBLIGATIONS; WARRANTIES; AND PROHIBITED CONDUCT
3.1 Prohibited Conduct. Licensee shall not:
(a) modify or otherwise make changes to the Software;
(b) use the Software to view reports that were not generated by Fast Reports products or software;
(c) change the names of files in the Software;
(d) remove references to the intellectual and copyright rights of the Fast Reports;
(e) use the Software to create any software or product, or integrate the Software with any other software;
(f) directly or indirectly disclose the Source Code or solutions discovered within the framework of the use of the Software to any party involved in the creation of software competing directly or indirectly with Fast Reports’ Software; and/or
(g) hack, Reverse Engineer, translate, or decompile the Software or use the Source Code and/or other parts of the Software to create other programs or any software applications (including, but not limited to, freeware, shareware, or commercial software) that directly or indirectly compete with or have functionality similar to the Software, without prior written permission from Fast Reports;
3.2 No Foreign Distribution. Licensee shall not supply, grant access to, distribute, export, or reexport the Software to another country without the express written permission of the Fast Reports.
3.3 Licensee Warranties. Licensee hereby represents and warrants that:
(a) (i) ALL INFORMATION PROVIDED BY LICENSEE TO FAST REPORTS IN CONNECTION WITH THIS AGREEMENT IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) LICENSEE HAS FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT; (iii) LICENSEE IS OF LEGAL AGE (18 YEARS OLD) TO FORM A BINDING CONTRACT WITH FAST REPORTS; (iv) LICENSEE WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS AGREEMENT; (v) LICENSEE SHALL PERFORM ALL OBLIGATIONS UNDER THIS AGREEMENT IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) LICENSEE’S MATERIALS, CONTENT, EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT LICENSEE SUBMITS TO FAST REPORTS DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH LICENSEE IS A PARTY OR CAUSE INJURY TO ANY THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATION; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
(b) If the signatory entered this Agreement on behalf of its employer or another organization or legal entity, the signatory represents and warrants that: (i) the signatory has the necessary authority to enter into the Agreement on behalf of such employer, organization, or legal entity; (ii) the signatory has read and understood this Agreement; and (iii) the signatory agrees to the terms of this Agreement on behalf of the employer, organization, or legal entity that the signatory represents.
(c) Licensee is not nor will be at any time in the future (i) located in a country embargoed by the United States; (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (OFAC); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (v) if the undersigned is an individual or a company, named on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN); or (vi) named on the United States Commerce Department’s Table of Deny Orders.
4. Confidentiality
4.1 Confidentiality. The Licensee, as applicable, hereby agrees to hold in strict confidence and not to disclose to any third party, other than employees and agents of Licensee or persons retained by Licensee to represent its interests, any information, product, document or other material of any nature relating to or concerning the Software (including any technical information, Source Code, Object Code, protection systems, security codes, Documentation, technical requirements, and interfaces), Services, this Agreement, or Fast Reports, that is provided or made available to Licensee either before or after the date of execution of this Agreement, directly or indirectly in any form whatsoever, the use or disclosure of which might reasonably be construed to be contrary to the interests of Fast Reports, including information of third parties subject to confidentiality obligations and which Fast Reports may share with Licensee (“Confidential Information”), provided, however, that the Confidential Information shall not include information that: (i) is already in the possession of Licensee before receipt from Fast Reports; (ii) is or becomes rightfully in the public domain without fault of Licensee; (iii) is received by Licensee from a third party who or which is not under any obligation of confidentiality or restriction on use or disclosure concerning such information; or (iv) is disclosed under operation of law to the public or to a third party without a duty of confidentiality. If Licensee asserts one of the four exceptions to Confidential Information above, then Licensee shall prove such assertion by proper forms of documentary evidence.
4.2 Use of Confidential Information. Licensee, as applicable shall not use any Confidential Information for their own commercial benefit or for any purpose except carrying out its obligations hereunder. Licensee shall take all reasonable measures to protect the secrecy of the Confidential Information, to avoid unauthorized disclosures, to prevent the Confidential Information from falling into the public domain and to assure compliance with the provisions of this Agreement by its employees and affiliates. Such measures shall require the degree of care that Licensee utilize to protect their own Confidential Information of a similar nature, and shall be no less than reasonable care. In cases of permitted disclosure of Confidential Information under this Section 4.2, the User shall notify Fast Reports of the fact of provision of such information, its content and the recipient to which the confidential information was provided, no later than two business days from the date of disclosure of confidential information, unless prohibited by law.
4.3 Disclosure. Licensee, as applicable is obliged to immediately inform Fast Reports about the fact of disclosure or any threat of disclosure, receipt or use of confidential information by third parties in contravention of this Agreement.
5. NO WARRANTY; LIMITATION OF LIABILITY
5.1 Fast Reports Warranty. Fast Reports represents and warrants that the Software shall substantially conform to the Documentation, provided, however, notwithstanding anything to the contrary herein, Fast Reports makes no warranties of any kind for free trial access.
5.2 DISCLAIMER OF WARRANTIES. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE USE AND OPERATION OF THE SOFTWARE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FAST REPORTS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FAST REPORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE SOFTWARE AND SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. FAST REPORTS DOES NOT WARRANT THAT THE SOFTWARE AND SERVICES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
5.3 LIMITATION OF LIABILITY. FAST REPORTS’ LIABILITY ARISING OUT OF THE SOFTWARE AND SERVICES, INCLUDING ANY ONE OR MORE CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO; ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. ANY ACTION BROUGHT AGAINST FAST REPORTS PERTAINING TO OR IN CONNECTION WITH THE SOFTWARE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO FAST REPORTS IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
5.4 CONSEQUENTIAL DAMAGES. IN NO EVENT WILL FAST REPORTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY FORM OR THEORY OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OVERHEAD, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES.
6. TERM AND TERMINATION OF THE AGREEMENT
6.1 Term. This Agreement is effective as of the Effective Date and shall remain in effect until terminated as set forth herein.
6.2 Termination. This Agreement may be terminated by either Party for any reason or no reason by providing notice to the other Party.
6.3 Upon Termination. In the event of termination or expiration of this Agreement, Licensee shall:
(a) as soon as practicable but not later than ten (10) business days after the termination destroy, uninstall, delete or return to Fast Reports all of Fast Reports’ Confidential Information in Licensee’s possession or under its control, including, without limitation, installed on any hard-drive or other fixed, electronic, optical, magnetic or other media and any authorized or unauthorized modifications of the Software; and
(b) upon request from the other Party, certify and warrant, within thirty (30) calendar days following such termination, that it has complied with the obligations pursuant to Section 6.3(a) hereunder (email suffice).
6.4 Survival. Notwithstanding any provisions to the contrary herein, the provisions of Sections 2-7 shall survive the termination or expiration of the Agreement and such termination or expiration shall not release Licensee of its obligations regarding the Confidential Information, Licensee’s obligations with respect to Intellectual Property Rights or any duties, liabilities or obligations which by the terms hereof or in context are to survive termination.
7. MISCELLANEOUS PROVISIONS
7.1 Indemnity. Licensee shall indemnify, defend and hold harmless Fast Reports and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, attributable to a third party claim arising out of (i) Licensee’s breach or violation of any warranty, covenant or obligation pursuant to this Agreement; (ii) any unauthorized modification of the Software by Licensee; and (iii) any transaction with Licensee’s customers, including without limitation the use and distribution of any of Licensee’s software application product(s), components or results of Operating of the Software by any third party, permitted customers. Fast Reports: (a) shall notify Licensee promptly in writing of any such action (provided that failure to do so will not relieve the Licensee of its indemnification obligations hereunder unless such delay in notification materially prejudices the Licensee); (b) gives Licensee sole control of the defense and/or settlement of such action, subject to Fast Reports’ approval of any such settlement, which approval will not be unreasonably withheld, delayed or conditioned; and (c) gives Licensee all reasonable information and assistance (at Licensee’s reasonable expense excluding time spent by Fast Reports’ employees or consultants).
7.2 Jurisdiction. Each Party irrevocably submits to the exclusive jurisdiction of the United States District Court for the Eastern District of Virginia or, if such court does not have subject matter jurisdiction, any other state or federal court located in the Commonwealth of Virginia, for the purposes of any proceeding arising out of or relating to this Agreement and performance hereof, and irrevocably agrees to commence and litigate any such proceeding only before such courts. Each Party: (i) hereby waives and agrees not to assert, by way of motion, as a defense or otherwise, in any such action, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that any such action brought in one of the above-named courts should be stayed by reason of the pendency of some other proceeding in any other court other than one of the above-named courts, or that this Agreement or the subject matter hereof may not be enforced in or by such court, (ii) agrees not to commence any proceeding arising out of or relating to this Agreement other than before one of the above-named courts, (iii) irrevocably and unconditionally waives any objection to the laying of venue of any proceeding arising out of or relating to this Agreement before such courts, (iv) irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such proceeding brought in any such court should be dismissed on grounds of forum non conveniens or should be transferred or removed to any court other than one of the above-named courts, and (v) irrevocably and unconditionally agrees to be bound by any judgment rendered by any such court. Each Party further agrees that service of any process, summons, notice or document shall be effective service of process, summons, notice or documents for any such proceeding, and waives and agrees not to assert (by way of motion, as a defense, or otherwise) in any such action any claim that service of process made in accordance with Section 7.5 does not constitute good and valid service of process. Nothing in this Agreement shall in any way be deemed to limit the ability of any Party to serve any such process, summons, notice or document in any other manner permitted by applicable Law. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS, INCLUDING COUNTERCLAIMS, OF ANY PARTY IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE AND ENFORCEMENT OF THIS AGREEMENT.
7.3 Legal Expenses. The substantially prevailing Party in any legal action brought by one Party against the other and arising out of or related to this Agreement shall be entitled, along with any other rights and remedies it may have, to reimbursement for its expenses actually incurred, including court costs and reasonable attorney’s fees to the extent awarded by a non-appealable binding order, judgment or other judicial action. Such fees may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose. Such fees shall be in addition to any other relief that may be awarded.
7.4 Terms of Agreement. Neither Party shall disclose the terms of this Agreement to any third party other than its outside counsel, auditors, and financial and technical advisors, except as required by law or except in connection with a bona fide acquisition, merger, financing or restructuring provided that the recipient is bound by the confidentiality terms not less stringent than the terms hereof.
7.5 Notifications. All claims, instructions, consents, designations, notices, waivers, and other communications in connection with the Agreement (“Notifications”) will be in writing. Such Notifications will be deemed properly given (a) when received if delivered personally, (b) if delivered by facsimile transmission when the appropriate telecopy confirmation is received; (c) upon the receipt of the electronic transmission by the server of the recipient when transmitted by electronic mail, or (d) within three (3) days after deposit with an internationally recognized express delivery service, in each case when transmitted to a Party at the following address or location:
If to Fast Reports: 66 Canal Center Plaza, Ste 505, Alexandria, VA 22314; info@fast-report.com.
Either Party may change the address to which Notifications hereunder are to be delivered by giving the other notice in the manner herein set forth.
7.6 Severability. If this Agreement or any provision thereof is, or the transactions contemplated hereby are, found by a court of competent jurisdiction to be invalid, void, unenforceable for any reason or inconsistent or contrary to any valid applicable laws or official orders, rules and regulations, in whole or in part, the inconsistent or contrary provision of this Agreement shall be null and void and such laws, orders, rules and regulations shall control and, as so modified, this Agreement shall continue in full force and effect and the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law; provided, however, that nothing herein contained shall be construed as a waiver of any right to question or contest any such law, order, rule or regulation in any forum having jurisdiction.
7.7 Waiver. No provision of the Agreement will be considered waived unless such waiver is in writing and signed by the Party that benefits from the enforcement of such provision. No waiver of any provision in the Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of the Agreement will not in any way affect, limit, or waive a Party’s rights under the Agreement at any time to enforce strict compliance thereafter with every term and condition of the Agreement.
7.8 Assignment. This Agreement, including without limitation any Licenses granted hereunder, may not be assigned, in whole or in part, by either Party without the prior written consent of the other Party, provided that Fast Reports shall have the right to assign this Agreement in the event of a merger, acquisition or sale of all or substantially all of Fast Reports’ assets. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
7.9 Force Majeure. Except for the obligation to make payments, nonperformance of either Party shall be excused to the extent the performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions.
7.10 Further Assurances. The Parties will each perform such acts, execute and deliver such documents and instruments, and do such other things as may be reasonably requested to accomplish the transactions contemplated by this Agreement and to carry out the purpose and intent hereof.
7.11 No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties and, except as otherwise provided herein, no other Person will have any right, interest, or claim under this Agreement.
7.12 Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes all prior or contemporaneous understandings or agreements, whether oral or written.
7.13 Counterparts. The Agreement may be separately executed by the Parties in two (2) or more counterparts and all such counterparts shall be deemed an original, but all of which together shall constitute one and the same instrument and will be binding on the Parties as if they had originally signed one copy of the Agreement.
