End-User License Agreement

process.science software hosted on Microsoft AppSource

Preamble

The following "User License Agreement" governs your use of the software and services provided by process.science GmbH & Co. KG. (and its parents, subsidiaries or related companies) ("process.science"). This is a legal agreement between you and process.science and incorporates the Privacy Policy. By registering your use of the Service (as defined below), you are accepting to be bound to the terms of this User License Agreement. They apply to the visualization for Power BI you download from the Microsoft AppSource, including any updates or supplements for the visualization (the “Visualization”), unless the Visualization comes with separate terms, in which case those terms apply.
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Last Update: 17. August 2021

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.

The Visualization developer means the entity licensing the Visualization to you, as identified in the Microsoft AppSource.

If you comply with these license terms, you have the rights below.

01. Installation and use rights

You may install and use one copy of the Visualization for use with a product or service that supports the Power BI visual interface.

02. 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.

03. Scope of license

The Visualization is licensed, not sold. This agreement only gives you some rights to use the Visualization. process.science 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 the Visualization, except and only to the extent that applicable law expressly permits, despite this limitation;
make more copies of the Visualization than specified in this agreement or allowed by applicable law, despite this limitation;
publish or otherwise make the Visualization available for others to copy.

04. Documentation

If documentation is provided with the Visualization, you may copy and use the documentation for personal reference purposes.

05. Technology and export restrictions

The Visualization may be subject to United States or 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 Visualization. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see www.microsoft.com/exporting.

06. Support services

Microsoft is not responsible for providing support services for the Visualization. Contact process.science at info@process-science.com to determine what support services are available.

07. Entire agreement

This agreement, any applicable process.science privacy policy, and the terms for supplements and updates are the entire agreement between you and process.science for the Visualization.

08. Applicable law

a. United States. If you acquired the Visualization in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the Visualization in any other country, the laws of that country apply.

09. Legal effect

This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

10. 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) PROCESS.SCIENCE, 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) PROCESS.SCIENCE AND MICROSOFT EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Limitation on and exclusion of remedies and damages

TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE PROCESS.SCIENCE ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE VISUALIZATION OR $1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM PROCESS.SCIENCE.

This limitation applies to

anything related to the Visualization or services made available through the Visualization;
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;
process.science knew or should have known about the possibility of the damages.

12. Copyright Notices

Power BI Visualizations

Copyright © Microsoft Corporation. All rights reserved.
‍Released under MIT license.

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Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the author nor the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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