APPSFORTABLEAU EXTENSION LICENSE AGREEMENT
This extension license agreement (“agreement”) is between the customer (individual or entity) that has downloaded or otherwise procured the extension (“you”) and the extension publisher (“publisher”). This agreement applies to extensions (“extensions”) you download from appsfortableau, the (“tableau”) extensions gallery (“gallery”) of infotopics, including any updates or supplements for the extension or the on premise use of the Enterprise version of extension, unless the extension 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 appsfortableau (an Infotopics company).
By downloading the extension, 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 extension. If you wish to use the extension 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 Extension. You acknowledge that you are obtaining only a limited license right to the Extension 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 Extension or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Extension by any means whatsoever; (b) distribute, sell, sublicense, rent, lease or use the Extension (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 Extension; (d) modify any part of the Extension, create a derivative work of any part of the Extension, or incorporate the Extension into or with other software, except with Tableau 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 Extension.
3. DOCUMENTATION. If documentation is provided with the Extension, 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 Tableau and Publisher is terminated, this Agreement shall automatically terminate. Upon termination of this Agreement, your license to use the Extension will be terminated and you will cease any use of the Extension. After the service period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time without the obligation of publisher to redeem any subscription fee.
5. EXPORT CONTROL. You acknowledge that the Extension 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 Extension 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 Extension 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 Tableau, is solely responsible for handling your support requests with respect to the Extension.
8. DISCLAIMER. The extension is provided “as is”. Neither publisher nor tableau 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 noninfringement. 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 extension. For the avoidance of doubt, tableau does not make any warranties regarding the extension.
9. LIMITATION OF LIABILITY. Neither publisher nor tableau 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 tableau 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 extension, or (b) usd $100. For the avoidance of doubt, tableau does not owe you any obligation or liability with respect to the extension. 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 appsfortableau at most two months after discovery.
In case of force majeure AppsforTableau 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. Tableau 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 AppsforTableau Extensions 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 AppsforTableau discover that you violate any of the above, or receive a complaint alleging the same, AppsforTableau will issue a warning. If the warning does not lead to an acceptable resolution, then AppsforTableau may intervene to end the violation. In urgent of serious cases AppsforTableau may intervene without warning.
11.3. If in the opinion of AppsforTableau the continued functioning of the computer systems or network of AppsforTableau (an Infotopics Company) or third parties is actually or under threat of being damaged or jeopardized, AppsforTableau may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
11.4. AppsforTableau 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. AppsforTableau uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
12.2. AppsforTableau actively maintains AppsforTableau Extensions. In case maintenance is reasonably expected to negatively impact availability, AppsforTableau 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. AppsforTableau may from time to time adapt AppsforTableau Extensions. Your feedback and suggestions are welcome but ultimately AppsforTableau decides which adaptations to carry out (or not).
12.4. The customer can subscribe for the Enterprise version of the extension service. In that case, a specific file and implementation guidelines are provided to the customer, who himself is responsible for implementation of the Enterprise extension in his own technical environment. AppsforTableau can in no circumstances whatsoever be held responsible for implementation of the enterprise extension service or potential damage following implementation of the service. AppsforTableau can be asked to help implement the extension 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 AppsforTableau Extensions, the accompanying software as well as all information and images on the website is the intellectual property of AppsforTableau (an Infotopics Company). None of these items may be copied or used without prior written permission of AppsforTableau, 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). AppsforTableau 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 AppsforTableau, for example a bug report or suggestion for improvement, you grant AppsforTableau 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. AppsforTableau shall refrain from accessing data you store or transfer using AppsforTableau Extensions, unless this is necessary for a good provision of the service or AppsforTableau is forced to do so by law or order of competent authority. In these cases AppsforTableau shall use its best efforts to limit access to the information as much as possible.
13.5 AppsforTableau 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. AppsforTableau 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. AppsforTableau’s obligation shall (a) be contingent upon customer giving AppsforTableau prompt written notice of any claim of infringement, (b) be contingent upon AppsforTableau 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 AppsforTableau with AppsforTableau’s Software or customer’s modification to Software. Customer shall assist AppsforTableau to the extent reasonably required for such defense.
14. COMPENSATION FOR THE SERVICE
14.1. The use of certain functions of AppsforTableau Extensions 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. AppsforTableau may change or add to these terms and conditions as well as any prices at any time.
15.2. AppsforTableau 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 AppsforTableau Extensions 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 AppsforTableau Extensions 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 AppsforTableau 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. AppsforTableau (an Infotopics Company) is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of AppsforTableau Extensions or the associated business activities.
16.5 AppsforTableau has the right to use a logo of a company that purchased an extension on her website.
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 Extension.