These license terms are an agreement between Profitbase and the customer (“Customer”). They apply to the Financial Reporting Matrix by Profitbase Power BI visualization downloaded from the Office Store or from the official Profitbase project site, including any updates or supplements for the visualization (the “Visualization”).
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.
a. You may install and use the Visualization for use with a product or service that supports the Power BI visual interface under the following terms:
– You may use the Visualization for personal and educational projects, operations within your own organization or organizations that you do contract or consultancy work for.
– You may not bundle or resell the Visualization as part of a commercial or paid software product, solution or framework without an explicit license agreement with Profitbase.
2. INTERNET-BASED SERVICES
a. 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.
b. 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 the rights to use the Visualization under the terms outlined in section 1.INSTALLATION AND USE RIGHTS. Profitbase 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.
– Reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of Visualization.
– Make more copies of the Visualization than specified in this agreement
– Publish or otherwise make the Visualization available for others to copy.
You may copy and use the documentation for personal reference purposes.
5. SUPPORT SERVICES.
Profitbase is not obliged to provide support services for the Visualization without an explicit support license agreement.
6. ENTIRE AGREEMENT.
This Agreement, together with the attached exhibits that are incorporated by reference, constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement and such exhibits. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party. No other act, document, usage or custom shall be deemed to amend or modify this Agreement.
7. APPLICABLE LAW.
The laws of Norway shall govern this Agreement and all matters arising out of or relating to this Agreement.
8. DISCLAIMER OF WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE VISUALIZATION IS LICENSED «AS-IS,» «WITH ALL FAULTS,» AND «AS AVAILABLE» AND YOU BEAR ALL RISK OF USING IT; (B) PROFITBASE, 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; (C) YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE; AND (D) PROFITBASE AND MICROSOFT EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM PROFITBASE ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE VISUALIZATION. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM PROFITBASE.
This limitation applies to
– Anything related to the Visualization or services made available through the Visualization; and
– Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
– Repair, replacement or a refund for the Visualization does not fully compensate you for any losses; or
– Profitbase knew or should have known about the possibility of the damages.