TERMS AND CONDITIONS
End-User License Agreement for Powerviz.
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING AND INSTALLING THIS PROGRAM:
Truviz End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Powerviz for the Powerviz 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 Powerviz 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.
Truviz End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Powerviz for the Powerviz 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 Powerviz 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.
GRANT OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
(a) INSTALLATION AND USE
Powerviz 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.
(b) SUBSCRIPTION AND LICENSING
The License type is an annual/monthly subscription license. This means that you will be billed in advance on a recurring 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 10 days prior to the renewal date. If notice is not received before such date, the subscription will automatically renew for the subsequent renewal period.
We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the Service, terminate your registration and/or subscription and restrict your access to the Service at any time for any reason.
Access to certain functionality and features (including access to certain levels of support) may be restricted or limited, depending on the subscription taken out by you as an individual subscriber or your employer.
We reserve the right to add or remove services and functionality from any registration or subscription type or to add or remove registration or subscription types.
We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once the trial period ends, if you or your employer does not take out a subscription we reserve the right to withdraw access to the Service. We may, at our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time. During a free trial the Service may only be used to evaluate whether the Service is suitable for your purposes and it may not be used for commercial purposes. Upon cancellation or failure to pay for the subscription renewal, you must delete all copies of the SOFTWARE PRODUCT and cease using it.
Powerviz may create a password-protected member account to grant the 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 Developer or a Power BI Read only user.
We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the Service, terminate your registration and/or subscription and restrict your access to the Service at any time for any reason.
Access to certain functionality and features (including access to certain levels of support) may be restricted or limited, depending on the subscription taken out by you as an individual subscriber or your employer.
We reserve the right to add or remove services and functionality from any registration or subscription type or to add or remove registration or subscription types.
We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once the trial period ends, if you or your employer does not take out a subscription we reserve the right to withdraw access to the Service. We may, at our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time. During a free trial the Service may only be used to evaluate whether the Service is suitable for your purposes and it may not be used for commercial purposes. Upon cancellation or failure to pay for the subscription renewal, you must delete all copies of the SOFTWARE PRODUCT and cease using it.
Powerviz may create a password-protected member account to grant the 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 Developer or a Power BI Read only user.
(c) BACKUP COPIES:
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
DATE PROTECTION
Any personal data held or processed by Powerviz is handled in accordance with our Privacy Notice which can be viewed here:
COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Powerviz 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 Powerviz
NO WARRANTIES
Powerviz 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. Powerviz 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. Powerviz makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Your sole remedy is subscription termination and the return of prepaid unused months. Powerviz further expressly disclaims any warranty or representation to Authorized Users or to any third party.
SUPPORT
Company's technical support and maintenance services (Support) is included with the license purchase. Support is provided under the Support policies then in effect. Company may change its Support terms, but Support will not materially degrade during any Support term. If you have a valid license, you can reach out to support team at support@powerviz.ai.
THIRD PARTY CLAIMS:
Company will defend or settle any third-party claim against Customer to the extent that such claim alleges that the Software violates a copyright, patent, trademark, or other intellectual property right, if Customer promptly notifies Company of the claim in writing, cooperates with Company in the defense, and allows Company to solely control the defense or settlement of the claim. Costs. Company will pay infringement claim defense costs it incurs in defending Customer, Company-negotiated settlement amounts, and court-awarded damages. Process. If such a claim appears likely, then Company may modify the Software, procure the necessary rights, or replace it with the functional equivalent. If Company determines that none of these are reasonably available, then Company may terminate the Software and refund any prepaid and unused term license fees. Exclusions. Company has no obligation for any claim arising from: Company's compliance with Customer's specifications; a combination of the Software with other technology or aspects where the infringement would not occur but for the combination; or technology or aspects not provided by Company. The list of open source licenses used are listed here. THIS SECTION CONTAINS CUSTOMER'S EXCLUSIVE REMEDIES AND COMPANY'S SOLE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
GOVERNING LAW
This agreement is governed by the laws of the State of New Jersey (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for New Jersey, and Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys' fees and costs from the other party.
COMMERCIAL USE
You are not entitled to resell or commercially exploit the contents of the Service. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mails or for any other use.
LIMITATION OF LIABILITY
In no event shall Powerviz 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 Powerviz has been advised of the possibility of such damages. In no event will Powerviz be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Powerviz 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.
CONTACT US
If you need to contact us about our Terms and Conditions please write to us:
Email: support@powerviz.ai
50 Cragwood Rd Suite 112 South Plainfield, New Jersey 07080.
Email: support@powerviz.ai
50 Cragwood Rd Suite 112 South Plainfield, New Jersey 07080.