Terms of Use – Enlighten Designs Power BI Custom Visuals End-User License Agreement

The following  “End-User License Agreement” governs your use of the downloading and use of Enlighten Designs Custom Visuals. This is a legal agreement between you (the End-User) and Enlighten Designs and is to be read in conjunction with our Privacy Policy. By downloading any of our Custom Visuals from Microsoft AppSource you are accepting these Terms of Use and are legally bound by this End-User License Agreement.  If you do not agree to these Terms of Use and End-user License Agreement you have no right to, and must not download or use the Custom Visuals.

Installation and use rights

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

Internet-Based Services

1. 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, systems and Visualization software, and peripherals) for internet-based or wireless services.
2. 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.

Scope of License

The Visualization is licensed, not sold. This agreement only gives you some rights to use the Visualization. Enlighten Designs 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 End-User 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 End-user agreement or allowed by applicable law despite this limitation; or
• Publish or otherwise make the Visualization available for others to copy. 

Documentation

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

Technology and Export Restrictions

The Visualization may be subject to United States and 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.

Support Services

Microsoft is not responsible for providing support services for the Visualization. Contact Enlighten Designs at sales@enlighten.co.nz to determine what support services are available. 

Entire Agreement

This agreement, and Enlighten Designs Privacy Policy, and the terms for supplements and updates are the entire agreement between the End-User (you) and Enlighten Designs for the Visualization. 

Applicable Law

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

Disclaimer of Warranty

TO THE FULLEST EXTENT PERMITTED BY LAW,

1. THE VISUALIZATION IS LICENSED “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” AND YOU BEAR ALL RISK OF USING IT;
2. ENLIGHTEN DESIGNS, 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;
3. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE; AND
4. ENLIGHTEN DESIGNS AND MICROSOFT EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation on and Exclusion of Remedies and Damages

TO THE EXTENT NOT PERMITTED BY LAW, YOU CAN RECOVER FROM ENLIGHTEN DESIGNS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE VISUALIZATION OR USD $1.00 (ONE DOLLAR), WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ENLIGHTEN DESIGNS.

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;

It also applies if

• Repair, replacement or a refund for the Visualization does not fully compensate you for any losses;
• Enlighten Designs knew or should have known about the possibility of the damages