PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA AGREEMENT") CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATIONS PROCESS AND USING THE SOFTWARE, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. BY DOWNLOADING, INSTALLING OR USING THE PROGRAM YOU INDICATE ACCEPTANCE OF THIS AGREEMENT AS AN INDIVIDUAL OR AN AUTHORIZED REPRESENTATIVE OF YOUR ORGANISATION TO ABIDE BY ALL THE TERMS AND CONDITIONS MENTIONED OR REFERENCED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR SOFTWARE.
Last Revised: 2022-07-13 19:02:00
This EULA agreement is a binding agreement, entered into by and between Yavda Analytics Private Limited, registered address
Flat A-107, Gourishankar Residency, Laxmivihar, Bhubaneswar, Odisha, India 751005
("Yavda") and you, and is made effective as of the date you download, install or use the software PBIVizEdit ("Software") or from the date of your electronic acceptance.
This EULA agreement sets forth the general terms and conditions of your use of the Software, provides a license to use PBIVizEdit custom visual, and contains liability disclaimers. This EULA agreement’s terms also apply to any Software update, upgrade, internet-based service, and support service for the Software. Whether you are acquiring Software directly from Yavda or through Yavda authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge and agree to be bound by this EULA agreement.
The terms "we", "us" or "our" shall refer to Yavda. The terms "you", "your", or "User" shall refer to any individual or entity who accepts this EULA agreement, uses our Software, or has access to our Software. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Yavda may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Software after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.
Our Software is available only to Users who can form legally binding contracts under applicable law. By downloading or using this Software, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Software under the laws of the United States, Delaware or other applicable jurisdiction.
If you are entering into this EULA agreement on behalf of a company or
any corporate entity, you represent and warrant that you have the legal
authority to bind such corporate entity to the terms and conditions
contained in this EULA agreement, in which case the terms "you", "your",
or "User" shall refer to such corporate entity. If you do not have such
authority or if you do not agree with the terms and conditions of this
EULA agreement, do not install or use the Software, and you must not
accept this EULA agreement. If, after your electronic acceptance of this
Agreement, Yavda finds that you do not have the legal authority to bind
such corporate entity, you will be personally responsible for the
obligations contained in this EULA agreement.
3. LICENSE GRANT
Subject to the terms of this EULA Agreement, Yavda hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the PBIVizEdit custom visual on your own non-commercial use devices in accordance with the terms of this EULA agreement. The Software is being licensed to You and You hereby acknowledge that no title or ownership of the Software is being transferred or assigned to You and this EULA agreement is not to be construed as a sale of any rights of the Software.
You are permitted to load the PBIVizEdit custom visual (for example on a
PC or laptop) under your control. You are responsible for ensuring your
device meets the minimum requirements of the PBIVizEdit custom visual.
Without first obtaining the express written consent of Yavda, you may
not assign your rights and obligations under this EULA agreement, or
redistribute, encumber, sell, rent, lease, sublicense or in other way
transfer your rights to the Software.
You are not permitted to:
edit, modify, alter, adapt, or otherwise change the whole or any part of the Yavda software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any of the listed actions,
copy, reproduce, duplicate, resell or distribute in any medium any part of the Software, except where expressly authorized by Yavda,
remove or alter Yavda trademarks or logos or legal notices included in the Software or related assets,
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software,
use the service to try to gain unauthorized access to any service, data, account or network by any means,
use the Software in any way which breaches any applicable local, national or international law,
use the Software for any purpose that Yavda, considers is a breach of this EULA agreement.
Yavda reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.
By using our Software you acknowledge and agree that your use of the
Software, including any content you submit, will comply with this EULA
agreement and all applicable local, state, national and international
laws, rules and regulations.
5. INTELLECTUAL PROPERTY
No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. Yavda shall retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Yavda Analytics Private Limited.
In addition to the general rules above, the provisions in this Section apply specifically to your use of Yavda content used in a Software (Yavda content). Yavda content used in this Software, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to Yavda in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Yavda content is provided to you “as is”, “as available” and “with all
faults” for your information and personal, non-commercial use only and
may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any
purposes whatsoever without the express prior written consent of Yavda
Analytics Private Limited. No right or license under any copyright,
trademark, patent, or other proprietary right or license is granted by
this EULA agreement.
6. COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you download, install, or use the Software,
Yavda may use automatic means (including, for example, cookies and web
beacons) to collect information about your Device and about your use of
the Software. You also may be required to provide certain information
about yourself as a condition to downloading, installing, or using the
Software or certain of its features or functionality. All information we
collect through or in connection with this Software is subject to our
downloading, installing, using, and providing information to or through
this Software, you consent to all actions taken by us with respect to
Yavda may from time to time in its sole discretion develop and provide
Software updates, which may include upgrades, bug fixes, patches, other
error corrections, and/or new features (collectively, including related
documentation, "Updates"). Updates may also modify or delete in their
entirety certain features and functionality. You agree that Yavda has no
obligation to provide any Updates or to continue to provide or enable
any particular features or functionality.
Based on your Device settings, when your Device is connected to the internet either:
the Software will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
8. THIRD-PARTY MATERIALS
The Software may display, include, or make available third-party content
(including data, information, and other products, services, and/or
materials) or provide links to third-party websites or services,
including through third-party advertising ("Third-Party Materials"). You
acknowledge and agree that Yavda is not responsible for Third-Party
Materials, including their accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality, or any other aspect
thereof. Yavda does not assume and will not have any liability or
responsibility to you or any other person or entity for any Third-Party
Materials. Third-Party Materials and links thereto are provided solely
as a convenience to you, and you access and use them entirely at your
own risk and subject to such third parties' terms and conditions.
9. USER SUBMISSIONS
With Respect to User Submissions, you acknowledge and agree that:
your User Submissions are entirely voluntary,
your User Submissions do not establish a confidential relationship or obligate Yavda to treat your User Submissions as confidential or secret.
Yavda has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
10. DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Yavda, SOFTWARE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND Yavda, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.
Yavda MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. Yavda MAKES NO WARRANTIES THAT OPERATION OF THE SOFTWARE WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION.
NO ORAL OR WRITTEN ADVICE PROVIDED BY Yavda OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION
OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE
SERVICES FOUND AT THIS SITE.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Yavda, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS SOFTWARE, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Yavda OR ANY OTHER PARTY, EVEN IF Yavda IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL Yavda’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SOFTWARE. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
You agree to protect, defend, indemnify and hold harmless Yavda and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Yavda directly or indirectly arising from
(i) your use of the Software;
(ii) your violation of any provision of this Agreement; and/or
(iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification
obligations under this section shall survive any termination or
expiration of this Agreement or your use of this Site or the Services
found at this Site.
13. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Software on 24/7 basis. You acknowledge and agree that from time to time this Software may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability
of this Software on a continuous or uninterrupted basis, and that we
assume no liability to you or any other party with regard thereto.
This EULA agreement is effective from the date you first download, install or use the Software and shall continue until terminated. You may terminate this Agreement by deleting the Software and all copies thereof from your Device.
This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Yavda reserves the right to cease offering or providing Software at any
time, for any or no reason, and without prior notice. Although Yavda
makes great effort to maximize the lifespan of the Software, it might
be, that the Software we offer will be discontinued. If that is the
case, this EULA agreement will be terminated and Software will no longer
be supported by Yavda Analytics Private Limited.
15. COMPLIANCE WITH LOCAL LAWS
Yavda makes no representation or warranty that all the content available
on this Software are appropriate in every country or jurisdiction and
use of this Software from countries or jurisdictions where its content
is illegal is prohibited. Users who choose to use this Software are
responsible for compliance with all local laws, rules and regulations.
16. GOVERNING LAW
This EULA agreement is governed by and construed in accordance with the
internal laws of the State of Delaware without giving effect to any
choice or conflict of law provision or rule. Any legal suit, action, or
proceeding arising out of or related to this EULA agreement or the
Software shall be instituted exclusively in the federal courts of the
United States or the courts of the State of Delaware. You waive any and
all objections to the exercise of jurisdiction over you by such courts
and to venue in such courts.
17. TITLES AND HEADINGS
The titles and headings of this EULA agreement are for convenience and
ease of reference only and shall not be utilized in any way to construe
or interpret the agreement of the parties as otherwise set forth herein.
18. LIMITATION OF TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
Each covenant and agreement in this EULA agreement shall be construed
for all purposes to be a separate and independent covenant or agreement.
If a court of competent jurisdiction holds any provision (or portion of
a provision) of this EULA agreement to be illegal, invalid, or otherwise
unenforceable, the remaining provisions (or portions of provisions) of
this EULA agreement shall not be affected thereby and shall be found to
be valid and enforceable to the fullest extent permitted by law.
20. CONTACT INFORMATION
If you have any questions about this EULA agreement, please contact us by email or regular mail at the following address:
Yavda Analytics Private Limited Flat A-107, Gourishankar Residency, Laxmivihar, Bhubaneswar, Odisha, India 751005 email: email@example.com