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” = Beinex). This Agreement applies to extensions (“Extensions”) you download from Tableau, the (“Tableau”) Extensions Gallery ("Gallery") of Tableau, including any updates or supplements for the Extension, unless the Extension comes with separate terms, in which case those terms apply.
By downloading the extension, you are accepting all 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
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 publisher to redeem any subscription fee.
- 5. SUPPORT. Publisher, and not Tableau, is solely responsible for handling your support requests with respect to the Extension.
- 7. 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.
- 8. 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 Beinex at most two months
In case of force majeure Beinex 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.
- 9. 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 Beinex Extensions for any purpose that violates 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 Beinex discover that you violate any of the above, or receive a complaint alleging the same, Beinex will issue a warning. If the warning does not lead to an acceptable resolution, then Beinex may intervene to end the violation. In urgent of serious cases Beinex may intervene without warning.
- 11.3. If in the opinion of Beinex the continued functioning of the computer systems or network of Beinex or third parties is actually or under threat of being damaged or jeopardized, Beinex may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
- 11.4. Beinex is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
- 11. AVAILABILITY AND MAINTENANCE
- 12.1. Beinex uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
- 12.2. Beinex actively maintains Beinex Extensions. In case maintenance is reasonably expected to negatively impact availability, Beinex 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. Beinex may from time to time adapt Beinex Extensions. Your feedback and suggestions are welcome but ultimately Beinex decides which adaptations to carry out (or not).
- 12. INTELLECTUAL PROPERTY
- 13.1. The Beinex Extensions, the accompanying software as well as all information and images on the website is the intellectual property of Beinex. None of these items may be copied or used without prior written permission of Beinex, 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). Beinex 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 Beinex, for example a bug report or suggestion for improvement, you grant Beinex 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. Beinex shall refrain from accessing data you store or transfer using Beinex Extensions, unless this is necessary for a good provision of the service or Beinex is forced to do so by law or order of competent authority. In these cases Beinex shall use its best efforts to limit access to the information as much as possible.
- 13. CHANGES TO TERMS
- 14.1. Beinex may change or add to these terms and conditions as well as any prices at any time.
- 14.2. Beinex shall announce through the service changes or additions at least fourteen days before their taking effect.
- 14.3. 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 Beinex Extensions after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
- 14. MISCELLANEOUS PROVISIONS
- 15.1. 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 Beinex 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.
- 15.2. The version of any communication of information as recorded by Beinex shall be deemed to be authentic, unless you supply proof to the contrary.
- 15.3. 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.
- 15.4. Beinex is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Beinex Extensions or the associated business activities.
- 15. 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.
- 16. FAIR USE POLICY
- 18.1. Our Fair Use Policy applies to the Services of Beinex
- 18.2. Our Fair Use Policy is intended to ensure:
- a. the availability of our services to all eligible customers; and
- b. that these services are not used in an unreasonable manner.
- 18.3. We reserve the right to vary the terms of this Fair Use Policy from time to time.
- 18.4. We may rely on the Fair Use Policy where your usage of the services is unreasonable, as defined below.
- 17. UNREASONABLE USE
- 19.1. Your use of the service is considered as unreasonable by Beinex in case:
- a. it is fraudulent;
- b. it involves a non-ordinary use with regard to the amount of concurrent users agreed upon;
- 19.1. Your use of the service is considered as unreasonable by Beinex in case:
- 18. OUR RIGHTS
- 20.1. If we reasonably consider your use as unreasonable, we may, at our sole
discretion, without telling you before we do so:
- a. suspend or limit the service (or any feature of it) in accordance with our agreement with you; and/or
- b. terminate the service in accordance with our agreement with you.
- 20.2. This policy is supplementary to and does not limit any of rights.
- 20.1. If we reasonably consider your use as unreasonable, we may, at our sole discretion, without telling you before we do so: