END USER LICENSE AGREEMENT

END-USER LICENSE AGREEMENT FOR Swiss Business Analytics GmbH Solutions for Power BI

IMPORTANT - PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING AND INSTALLING THIS PROGRAM!

Swiss Business Analytics GmbH End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Swiss Business Analytics GmbH for the Swiss Business Analytics GmbH software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, importing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Swiss Business Analytics GmbH, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows:

(a) Installation and Use

Swiss Business Analytics GmbH grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer and in the cloud service running a validly licensed copy of the Microsoft Power BI application and/or Power BI service for which the SOFTWARE PRODUCT was designed [e.g., Power BI Desktop, Power BI Desktop Optimized for Report Server, Power BI service, Power BI mobile app for Android or iPhone]. Zebra BI Visuals, and therefore Zebra BI Licenses, are part of the Solutions and are only valid within the Solutions. Any use of the Zebra BI Licenses outside the solution is prohibited.

(b) Subscription

The License type is a monthly or annual subscription license. This means that you will be billed in advance on a recurring, monthly, or annual basis. Your subscription will automatically renew at the end of each renewal period unless you cancel auto-renewal by contacting our customer support team at least 30 days prior to the renewal date. If notice is not received before such date, the subscription will automatically renew for the subsequent renewal period.

Upon cancellation or failure to pay for the subscription renewal, you must delete all copies of the SOFTWARE PRODUCT and cease using it.

Swiss Business Analytics GmbH may create a password-protected member account to grant access to the licensed SOFTWARE PRODUCT. The software license is embedded in the licensed SOFTWARE PRODUCT. It is valid for the specified number of total users within the specified company. The user can either be a Power BI 'designer' or a Power BI 'consumer'.

Swiss Business Analytics GmbH has the right to constantly check the use of the product with regard to the correct licensing.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

(a) Maintenance of Copyright Notices

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

(b) Distribution

You may not distribute copies of the SOFTWARE PRODUCT to third parties.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental or Transfer

You may not rent, lease, lend, sell, or otherwise transfer the SOFTWARE PRODUCT.

(e) Embedding SOFTWARE PRODUCT

Like Power BI, it is technically possible to add automation and embed the SOFTWARE PRODUCT’s functionality into another service. Such a service is compliant with the terms of License if: i) The new solution does not diminish the number of licenses required. (aka. license multiplexing is forbidden); and, ii) The new solution is not offered as an external commercial product.

Reporting as a service provided as a commercial service for other companies is allowed only with a prior written permission by Swiss Business Analytics GmbH.

(f) Support Services

Swiss Business Analytics GmbH may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

(g) Compliance with Applicable Laws

You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.

3. TERMINATION

(a) Without prejudice to any other rights, Swiss Business Analytics GmbH may terminate this EULA if you fail to comply with the terms and conditions of this EULA.

(b) You have the right to Terminate at any time if you feel the product does not meet your expectations or does not perform to your satisfaction.

Regardless of the reason for the termination or who terminates, you must destroy all copies of the SOFTWARE PRODUCT in your possession. Additionally, you have the right to request a refund for any months of the contract not used but paid in advance.

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Swiss Business Analytics GmbH or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Swiss Business Analytics GmbH

5. NO WARRANTIES

Swiss Business Analytics GmbH expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Swiss Business Analytics GmbH does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Swiss Business Analytics GmbH makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, logic bomb, or other such computer programs. Your sole remedy is subscription termination and the return of prepaid unused months. Swiss Business Analytics GmbH further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY

In no event shall Swiss Business Analytics GmbH be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if Swiss Business Analytics GmbH has been advised of the possibility of such damages. In no event will Swiss Business Analytics GmbH be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Swiss Business Analytics GmbH shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

EULA: AGB