Columbus Lietuva, UAB, company code 135475673, address Savanorių pr. 321C, Kaunas, Lithuania (hereinafter – Columbus) is the owner and Licensor of the App to be used in Connection with Microsoft Power BI software. Licensee wants to obtain a license to use the App. By clicking the “I accept” button in registration process, Licensee accepts this AGREEMENT which is applicable to the license granted to Licesnsee by Columbus and declares that Licensee is duly authorized to the company to whom the License will be granted. Terms and conditions used by Licensee are explicitly excluded.
BY DOWNLOADING, INSTALLING, OR USING THE APP, 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, INSTALL, OR USE THE APP.
In this agreement “Columbus” means the legal entity licensing the App to you, as identified in AppSource or the App’s description. If the App is licensed to you by Microsoft, then Columbus is Microsoft (or based on where you live, one of its affiliates).
1. INSTALLATION AND USE RIGHTS
You may install and use the App with your Power BI cloud service subscription. You may not install or use a copy of the App with a Power BI cloud service subscription you do not own or control.
2. INTERNET-BASED SERVICES
Columbus may provide Internet-based services with the App. In addition to the following, your use of those services is subject to the terms provided to you by Columbus and/or your wireless carrier.
- Consent for Internet-Based or Wireless Services. The App connects to computer systems over an Internet-based or wireless network. In some cases, you will not receive a separate notice when they connect. Using the App operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and App software, and peripherals) for Internet-based or wireless services.
- 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 any Internet-based service to try to gain unauthorized access to any service, data, account or network by any means.
3. SCOPE OF LICENSE
The App is licensed, not sold. This agreement only gives you some rights to use the App. Columbus reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the App only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways. You may not:
- work around any technical limitations in the App;
- reverse engineer, decompile or disassemble the App, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the App than specified in this agreement or allowed by applicable law, despite this limitation; or
- publish or otherwise make the App available for others to copy or use; or transfer, rent, lease, or lend the App.
4. ACCEPTABLE USE
Neither you nor those that access the App through you may use the App:
- in a way prohibited by law, regulation, governmental order, or decree;
- to violate the rights of others;
- to try to gain unauthorized access to or disrupt any service, device, data, account, or network;
- to spam or distribute malware;
- in a way that could harm the App or impair anyone else’s use of it; or
- in any application or situation where failure of the App could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage.
Columbus may offer preview, beta, demo or other pre-release features and versions of the App ("Demo versions"). Previews may employ lesser or different privacy and security measures. Unless otherwise provided, Previews are not included in customer support or service level agreements. Columbus may change or discontinue Demo versions at any time without notice. Columbus also may choose not to release a Demo version as a "General Availability" commercial release.
If documentation is provided with the App, you may copy and use the documentation solely for your reference purposes.
7. TECHNOLOGY AND EXPORT RESTRICTIONS
The App may be subject to European Union 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 App. These laws include restrictions on destinations, end users and end use. For information on how these laws and regulations apply to Microsoft branded products, see www.microsoft.com/exporting.
8. SUPPORT SERVICES
The App is provided “as is.” Contact Columbus to determine if any support and developement services are available. If Microsoft is Columbus, it may provide support services, but is not obligated to do so under this agreement.
9. THIRD PARTY SERVICES
The App may allow you to access third party branded software, data, services, websites or products (“Third Party Services”). Columbus and Microsoft assume no responsibility or liability whatsoever for any Third Party Service. You are solely responsible for any Third Party Service that you install or use with the App. Your use of any Third Party Service shall be governed by the license, service, or privacy terms between you and the publisher of the Third Party Service.
10. ENTIRE AGREEMENT
11. APPLICABLE LAW
11.1 This agreement is governed by the laws Republic of Lithuania, without giving effect to its conflicts-of-law principles. Any disputes arising out of this agreement shall be submitted to the applicable courts of Vilnius, Republic of Lithuania.
11.2 This agreement is not governed by the 1980 UN Convention on Contracts for the International Sales of Goods.
12. DISCLAIMER OF WARRANTY
THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. COLUMBUS, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. DISTRIBUTORS DO NOT GUARANTEE THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CUSTOMER DATA LOSS WON'T OCCUR.
14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES
- In no event shall the aggregate liability of Licensor arising out of or related to this agreement, whether in contract, tort or otherwise exceed the total amount actually paid for the App during the twelve months immediately preceding the event giving rise to such liability.
- Licensor shall have no responsibility or liability for any adjustments or other modifications in the App or any service and support of the App performed by licensee itself or provided by third parties or partners of Licensor. Further, Licensor shall have no responsibility or liability for any defects which are a consequence of external factors, including other programs, or a consequence of the integration of or interaction between the App and Licensees own hard-ware and software environments.
- Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancelation of any export, import or other license); or other events outside the reasonable control of the obligated party. This article does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or Licensees obligation to pay for the App.