These license terms are an agreement between you and APEX Project Management. (the Developer). They apply to the visualization for Power BI you download from the developer’s website, Office Store, Microsoft AppSource or GitHub (collectively “Marketplace”), including any updates or supplements for the visualization/Application.
By downloading or using the visualization, or attempting to do any of these, you accept these terms. If you do not accept them, you have no right to and must not download or use the visualization.
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
2.1 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.
2.2 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
The Visualization is licensed, not sold. This agreement only gives you some rights to use the Visualization. The Visualization Developer reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Visualization only as expressly permitted in this agreement. You may not
- work around any technical limitations in the Visualization; or
- reverse engineer, decompile or disassemble the Visualization, except and only to the extent that applicable law expressly permits, despite this limitation.
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 Canada, the 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, see www.microsoft.com/exporting.
6. SUPPORT SERVICES
Microsoft is not responsible for providing support services for the Visualization. If Microsoft is the Visualization developer, it may provide support services but is not obligated to do so under this agreement. Contact APEX Project Management Inc. to determine what support services are available.
7. ENTIRE AGREEMENT
This agreement, any applicable Visualization Developer privacy policy, and the terms for supplements and updates are the entire agreement between you and The Visualization Developer for the Visualization. If Microsoft is the Visualization developer, this agreement does not change the terms of your relationship with Microsoft with regard to Power BI, Microsoft Office, the Office Store, or any other Microsoft product or service (which is governed by the software license terms that accompanied, or terms of use that are associated with, the applicable product or service).
8. APPLICABLE LAW.
2.1 United States
If you acquired the Visualization in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
2.2 Canada
If you acquired the Visualization in Canada, the laws of the province where you live (or, if a business, where your business is registered) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.
2.3 Outside the United States or Canada
If you acquired the Visualization in any other country, the laws of that country apply.
9. LEGAL EFFECT
This agreement describes certain legal rights. You may have other rights under the laws of your state, province 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,
- The visualization is licensed “as-is,” “with all faults,” and “as available,” and you bear all risk of using it;
- The visualization developer, on behalf of itself, Microsoft and each of our respective affiliates, vendors, agents and suppliers, gives no express warranties, guarantees, or conditions in relation to the visualization;
- You may have additional consumer rights under your local laws that this agreement cannot change; and
- The visualization developer 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, the visualization developer is not liable to you, even if the visualization developer knew or should have known the possibility of such damages, for
- The value of your (or your customers’) data
- Deletion, destruction, theft, loss of, or failure to store any of your (or your customers’) data.
- Security incidents, breach of any other event, or from any bugs, harmful components, viruses, or malicious software, affecting your (or your customers’) data.
- Loss of revenue, profits, clients, customers, reputation, goodwill, or opportunities, or
- Unavailability of the visualization or software
Neither the visualization developer nor its suppliers warrant that the operation of the visualization will be error-free or uninterrupted or is not vulnerable to security incidents, breaches or any other event or the loss of, alteration of, or improper access to your (or your customers’) data.
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 visualization developer.
