END-USER LICENSE AGREEMENT (EULA)

For 'Custom Visuals' in Power BI

IMPORTANT: 'DEFTeam' END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN USER (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND DEFTeam. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS TERMINATION AND WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.

THIS EULA SHALL APPLY ONLY TO THE "CUSTOM VISUALS" SUPPLIED BY DEFTeam HERE WITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

The language of this EULA is English and even though there may be translations of this EULA in other languages, English shall be the sole language used on the interpretation of the terms and conditions of this EULA.

Custom Visuals is referred to 'Stacked Clustered' and 'Heatmap' chart built by DEFTeam.

DEFTeam is referred to DEFTeam Solutions, Inc.

If you comply with these license terms, you have the rights below:

1. INSTALLATION AND USE RIGHTS:

   You may install and use any number of copies of the Visualization for use with a product or service that supports the Power BI visual interface.

2. INTERNET-BASED SERVICES:

   1. Consent for Internet-Based or Wireless Services: The Visualization connects to computer systems over the Internet, which may include via a wireless network. Using the Visualization operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and Visualization software, and peripherals) for internet-based or wireless services.
   2. Misuse of Internet-Based Services: You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, Account, or network by any means.

3. SCOPE OF LICENSE:

   DEFTeam retains all ownership and intellectual property rights of Power BI Custom visual.

   This EULA does not grant USER any ownership interest in or to the Software/Application/Custom Visual or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this EULA.

   You cannot perform the following:

   1. Remove or modify any trademarks or proprietary notices of DEFTeam.
   2. Provide or make the Software available to any third party.
   3. Use the Software to provide third party training for DEFTeam.
   4. Assign this Agreement or give or transfer the Software or an interest in them to another individual or entity.
   5. Decompile, disassemble, or reverse engineer (except to the extent permitted by applicable law) the Software or Tools.
   6. Create derivative works of or based on the Software.
   7. Use any DEFTeam name, trademark, or logo.
   8. Use the Software or Tools to modify existing Custom Visual functionality or to access the Software or other DEFTeam products source code or metadata.
   9. Remove or destroy any encrypted license keys or similar security devices placed upon or contained within the Custom Visual.

4. DOCUMENTATION:

   If documentation is provided with the Visualization, you may copy and use the documentation for personal reference purposes.

5. TECHNOLOGY AND EXPORT RESTRICTIONS:

   The Visualization may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the Visualization. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, visit www.microsoft.com/exporting.

6. SUPPORT SERVICES:

   Microsoft is not responsible for providing support services for the Visualization.

   Please note that the level of support offered by DEFTeam is limited to issues within the Custom visuals in Power BI. DEFTeam shall provide support services between 1000-1900 IST from Monday to Friday excluding those days officially declared as Public Holidays declared in INDIA. The support would be available through email by writing to sales@defteam.com.

7. ENTIRE AGREEMENT:

   This agreement, any applicable DEFTeam's Privacy Policy, and the terms for supplements and updates are the entire agreement between you and DEFTeam for the Visualization.

8. APPLICABLE LAW:

   Governing Law and Choice of Forum: This EULA shall be governed by and interpreted in accordance with of laws of State of Connecticut, USA, without regard to the conflict of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in the law courts situated within the United States of America. To the maximum extent permitted by law, USER hereby consents to the jurisdiction and venue of such courts and waives any objections to the jurisdiction or venue of such courts.

9. LEGAL EFFECT:

   This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

10. DISCLAIMER OF WARRANTY TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE VISUALIZATION IS LICENSED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” AND YOU BEAR ALL RISK OF USING IT; (B) DEFTEAM, ON BEHALF OF ITSELF, AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE VISUALIZATION; (C) YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE; AND (D) DEFTEAM AND MICROSOFT EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE DEFTEAM ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE VISUALIZATION OR $1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE DEFTEAM.

    This limitation applies to

    • anything related to the Visualization or services made available through the Visualization; and
    • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

    It also applies even if

    • repair, replacement or a refund for the Visualization does not fully compensate you for any losses; or
    • DEFTeam knew or should have known about the possibility of the damages.

12. TERMINATION: This Agreement takes effect upon USER’s acceptance of the terms of this Agreement and remains effective until terminated by either party in accordance with this Agreement. In the event that USER fails to comply with any of the terms or conditions of this EULA, DEFTeam may immediately terminate this EULA with or without notice. Upon termination of this Agreement, USER warrants and represents that USER will immediately destroy all copies of the Software and Documentation or other materials provided to USER hereunder, if any, that are still in your possession and provide us prompt written assurance of your compliance with these conditions.

    Severability: If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation.

    No Waiver: The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

    Force Majeure: Neither Party shall be liable for breach of any of the provisions of this Agreement in case of force majeure. Force majeure shall include, but shall not be limited to, inability to supply the Software, material breakdown of its equipment, labour disputes of whatever nature or cause, and any other circumstances reasonably beyond (except payment obligations) the control of the Party claiming that this provision shall apply.

    Please contact sales@defteam.com for more information.