This visual license agreement (“agreement”) is between the customer (individual or entity) that has downloaded or otherwise procured the visual (“you”) and the visual publisher (“publisher”). This agreement applies to visuals (“visuals”) you download from Infotopics | Apps for Power BI, the (“Power BI”) marketplace (“marketplace”) of Infotopics | Apps for Power BI, including any updates or supplements for the visual or the on premise use of the Enterprise version of the visual, unless the visual comes with separate terms, in which case those terms apply. Deviations from these terms and conditions is possible only by means of written confirmation by Infotopics | Apps for Power BI (an Infotopics company).
By downloading the visual, you are accepting all of the terms and conditions of this agreement. You agree that this agreement is enforceable like any written agreement signed by you and legally binding between you and publisher. If you do not agree to all of these terms and conditions, do not install the visual. If you wish to use the visual as an employee, contractor, or agent of a corporation, partnership or similar entity, then you must be authorized to sign for and bind the entity in order to accept the terms of this agreement and you represent and warrant that you have the right and authority to do so.
1. LICENSE GRANT. Subject to all of the terms and conditions of this Agreement, Publisher grants you a limited, worldwide, non-transferable, non-sublicensable, non-exclusive license to use the visual. You acknowledge that you are obtaining only a limited license right to the visual and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise.
2. LICENSE RESTRICTIONS. As a condition of your license, you shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the visual or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the visual by any means whatsoever; (b) distribute, sell, sublicense, rent, lease or use the visuals (or any portion thereof) for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement; (c) remove any product identification, proprietary, copyright trademark, service mark, or other notices contained in the visual; (d) modify any part of the visual, create a derivative work of any part of the visual, or incorporate the visual into or with other software, except with Power BI software or to the extent expressly authorized in writing by Publisher; or (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the visual.
3. DOCUMENTATION. If documentation is provided with the visual, you may copy and use the documentation for personal reference purposes.
4. TERM AND TERMINATION. This Agreement shall remain in effect until terminated as set forth herein. Publisher may terminate this Agreement at any time, for any reason, upon written notice to you. If the underlying Agreement between Power BI and Publisher in case of the use of free visuals provided by the Power BI marketplace is terminated, this Agreement shall automatically terminate. Upon termination of this Agreement, your license to use the visual will be terminated and you will cease any use of the visual. After the subscription period the agreement is silently renewed with successive terms of the same period with the corresponding subscription fee payment obligation. You may terminate the agreement at any time, by written notice, without the obligation of publisher to redeem any subscription fee.
5. EXPORT CONTROL. You acknowledge that the visual is subject to Dutch ànd US export control and economic sanctions laws, regulations, and requirements, and to import laws, regulations, and requirements of foreign governments. You agree that (a) all use, exports, and imports related to this Agreement will be in compliance with these laws and regulations and (b) you shall not allow any third party to export, re-export, or transfer any part of visual in violation of these laws and regulations. The foregoing obligations include but are not limited to you or a third party exporting, transferring, or importing the visual to: (i) to any country subject to export control embargo or economic sanctions implemented by any agency of The Netherlands, the U.S. or foreign governments; (ii) any person or entity on any of a Dutch or U.S. Government’s Lists of Parties of Concern or applicable international specially-designated parties or economic sanctions programs; (iii) to any end-user for any known end-use related to the proliferation of nuclear, chemical or biological weapons or missiles, without first obtaining any export license or other approval that may be required by any Dutch or US Government agency having jurisdiction with respect to the transaction; or (iv) otherwise in violation of any export or import laws, regulations or requirements of any Dutch, U.S. or foreign agency or authority.
6. SUPPORT. Publisher, and not Power BI, is solely responsible for handling your support requests with respect to the visual.
8. DISCLAIMER. The visual is provided “as is”. Neither publisher nor Power BI make any warranties, conditions or undertakings, express or implied, statutory or otherwise, including but not limited to warranties of title, merchantability, fitness for a particular purpose or non infringement. You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to thirty days from the date you download the visual. For the avoidance of doubt, Power BI does not make any warranties regarding the visual.
9. LIMITATION OF LIABILITY. Neither publisher nor Power BI shall be liable for any loss of use, lost data, failure of security mechanisms, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits or costs of cover), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if publisher or Power BI was informed of the possibility of such damages in advance. Publisher’s entire liability under this agreement shall not exceed the lesser of (a) the amount you paid for the visual, or (b) usd $100. For the avoidance of doubt, Power BI does not owe you any obligation or liability with respect to the visual. The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. Damages may only be claimed if reported in writing to Infotopics | Apps for Power BI at most two months after discovery.
In case of force majeure Infotopics | Apps for Power BI is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
10. THIRD PARTY BENEFICIARY. Power BI Software, Inc. and its affiliates are third party beneficiaries of this Agreement. No other third party is intended to be a beneficiary of this Agreement entitled to enforce its terms directly.
11.1. It is not permitted to use Infotopics | Apps for Power BI visuals for any purpose that violates Dutch, US or other applicable law or regulation. This includes (among others) the use of data using the service that is slanderous, libelous or racist.
11.2. Should Infotopics | Apps for Power BI discover that you violate any of the above, or receive a complaint alleging the same, Infotopics | Apps for Power BI will issue a warning. If the warning does not lead to an acceptable resolution, then Infotopics | Apps for Power BI may intervene to end the violation. In urgent of serious cases Infotopics | Apps for Power BI may intervene without warning.
11.3. If in the opinion of Infotopics | Apps for Powe BI the continued functioning of the computer systems or network of Infotopics | Apps for Power BI (an Infotopics Company) or third parties is actually or under threat of being damaged or jeopardized, Infotopics | Apps for Power BI may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
11.4. Infotopics | Apps for Power BI is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
12. AVAILABILITY AND MAINTENANCE
12.1. Infotopics | Apps for Power BI uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
12.2. Infotopics | Apps for Power BI actively maintains Infotopics | Apps for Power BI visual. In case maintenance is reasonably expected to negatively impact availability, Infotopics | Apps for Power BI carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
12.3. Infotopics | Apps for Power BI may from time to time adapt Infotopics | Apps for Power BI visual. Your feedback and suggestions are welcome but ultimately Infotopics | Apps for Power BI decides which adaptations to carry out (or not).
12.4. The customer can subscribe for the Enterprise version of the visual service. In that case, a specific file and implementation guidelines are provided to the customer, who himself is responsible for implementation of the Enterprise visual in his own technical environment. Infotopics | Apps for Power BI can in no circumstances whatsoever be held responsible for implementation of the enterprise visual service or potential damage following implementation of the service. Infotopics | Apps for Power BI can be asked to help implement the visual service under supervision of the customer, in which case she charges a service fee per hour, unless agreed otherwise.
13. INTELLECTUAL PROPERTY
13.1. The Infotopics | Apps for Power BI visuals, the accompanying software as well as all information and images on the website is the intellectual property of Infotopics | Apps for Power BI (an Infotopics Company). None of these items may be copied or used without prior written permission of Infotopics | Apps for Power BI, except and to the extent permitted by mandatory law.
13.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Infotopics | Apps for Power BI receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
13.3. If you send information to Infotopics | Apps for Power BI , for example a bug report or suggestion for improvement, you grant Infotopics | Apps for Power BI a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
13.4. Infotopics | Apps for Power BI shall refrain from accessing data you store or transfer using Infotopics | Apps for Power BI visuals, unless this is necessary for a good provision of the service or Infotopics | Apps for Power BI is forced to do so by law or order of competent authority. In these cases Infotopics | Apps for Power BI shall use its best efforts to limit access to the information as much as possible.
13.5 Infotopics | Apps for Power BI hereby represents and warrants that it has full right, title and ownership to the software, hardware or any other property to be sold or licensed. Infotopics | Apps for Power BI agrees to indemnify and hold harmless customer from all damages, costs and expenses, including reasonable attorney’s fees arising out of any infringement or claim of infringement of patents, trademarks, or copyrights by the use of any Software which is the subject of this Contract. Infotopics | Apps for Power BI obligation shall (a) be contingent upon customer giving Infotopics | Apps for Power BI prompt written notice of any claim of infringement, (b) be contingent upon Infotopics | Apps for Power BI being granted control of the defense, compromise or settlement of such claim, and (c) not extend to any claim of infringement based upon customer’s combination of Software not manufactured by Infotopics | Apps for Power BI with Infotopics | Apps for Power BI’s Software or customer’s modification to Software. Customer shall assist Infotopics | Apps for Power BI to the extent reasonably required for such defense.
14. COMPENSATION FOR THE SERVICE
14.1. The use of certain functions of Infotopics | Apps for Power BI visuals is subject to fees. The functions in question will inform you of the fees. The fee is due every year and must be paid in advance.
14.2. Payment is possible through direct debit order, by creditcard, or as explained further on the website.
14.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
15. CHANGES TO TERMS
15.1. Infotopics | Apps for Power BI may change or add to these terms and conditions as well as any prices at any time.
15.2. Infotopics | Apps for Power Bi shall announce through the service changes or additions at least fourteen days before their taking effect.
15.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Infotopics | Apps for Power BI visuals after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
16. MISCELLANEOUS PROVISIONS
16.1. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Infotopics | Apps for Power BI visuals service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
16.2. The version of any communication of information as recorded by Infotopics | Apps for Power BI shall be deemed to be authentic, unless you supply proof to the contrary.
16.3. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
16.4. Infotopics | Apps for Power BI (an Infotopics Company) is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Infotopics | Apps for Power BI visuals or the associated business activities.
17. GOVERNING LAW AND JURISDICTION. This Agreement will be governed by and construed in accordance with the laws of The Netherlands without regard to conflicts of laws provisions. The jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Amsterdam, The Netherlands, and both parties hereby submit to the personal jurisdiction of such courts.
18. ENTIRE AGREEMENT. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications between you and Publisher relating to the visual.