End-User License Agreement

Last Updated: July 20, 2021

End User License Agreement (EULA) to be permissioned with the use of custom visuals provided by TME AG or its affiliates in Microsoft AppSource Store

1. Preamble

The following “User License Agreement” governs the use of the software specified in section 2 and related services provided by TME AG (and its parents, subsidiaries or related companies) (hereafter “TME”) and You as the end user of the respective software (“You”).

By registering your use of the service (as defined below), you are accepting to be bound to the terms of this user license agreement. This agreement applies to all custom visuals provided by TME AG, which you download from the Microsoft AppSource Store, including any updates or supplements for the extensions (the “software”), unless the software comes with separate terms, in which case those terms apply.

By downloading or using the software, or attempting to do any of these actions, You accept these terms. If You do not accept them, you have no right to and must not download or use the software as specified in section 2.

2. Definitions

“EULA” means this end user license agreement as defined below.

“SOFTWARE” for the use of this EULA entails the following applications and services provided by TME:

• Tile Search Slicer by TME AG

• Advanced Toggle Switch by TME AG

• Ratings Visual by TME AG

• Multi Card KPIs by TME AG

• Power Slider by TME AG

and upcoming custom visuals developed by TME and downloadable from Microsoft AppSource Store.

“USER” entails private and business customers and any other users of the software as described in this agreement.

“SUBSCRIPTION” means the establishment of a legal relationship between TME and You by download and/or use the software and the following purchasing of a license key via the TME website.

“SPECIAL CONDITIONS” refers to all provisions stipulated by TME as software provider for special use of the respective software.

3. Scope of agreement

The software is licensed, not sold. This agreement only gives you some rights to use the software. TME reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. You may not

• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation.
• make more copies of the software than specified in this agreement or
allowed by applicable law, despite this limitation;
• publish or otherwise make the software available for others to copy in case of an individual license; for volume licenses sharing is only permitted across the subscribed organization. In the event of a violation TME reserves the right to disable the license key. In this case TME shall communicate these measures to You. To re-enable the license key, You are obliged to inquire and for future use comply with terms of use.

The software is licensed on a monthly/annual subscription basis. Specifics according to term and termination of the use of the software are stipulated separately in this agreement.

4. Delivery of software and IT requirements

The Software is made available either under a free basic license, an individual or organizational subscription license, each with its own special conditions set out following general conditions to be found on the TME website.

A basic license of the software can generally be obtained free of charge; for advanced versions of the software, a license key must be purchased via the TME website using applicable payment methods. The license key is provided by e-mail after the subscription payment is done and approved. The invoicing is handled by third party payment provider STRIPE but could be handled in any other way TME decides to handle invoicing with. After subscribing but prior to first payment/invoice You get a 14 days trial period free of charge. During this period, You can cancel the subscription and it will stop prior to first payment. To operate the paid features of the software, you must obtain a license key to be able to activate and make use of all features contained in the respective application. One license key can be used simultaneously in multiple reports. To use the full features of custom visual, user need to provide license key individually in all those reports for all instances of the visual.

To operate the software and make use of all features, in some IT environments alterations regarding individual firewall settings or other protection software may be necessary to exploit the full performance of the application. This requirement does not constitute a failure or malfunction of the software but is caused by IT specifications and technical demands of the software provided. The list of the IP addresses and domains You have to whitelist in your network infrastructure in order the software to operate properly is listed below:

• https://bivizfunctions.azurewebsites.net

This list of IP addresses can be extended or changed by TME.
TME reserves the right to block any incoming traffic to those IP addresses in case of suspect of malicious activities.

5. Terms of use

Unless otherwise explicitly set forth within this EULA, TME hereby grants the user the non-exclusive, non-transferable, non-sub-licensable, limited rights to install and use the Software solely for legitimate purposes as laid out in this agreement. The rights and permissions granted according to this license are provided exclusively for their exploitation within legitimate use. This license either in whole or in part, may not be assigned or transferred to any other purpose and/or used for the benefit of illegitimate purposes.

Except and to the limited extent as may be otherwise specifically provided by the applicable law, You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, user interface techniques or algorithms of the Software by any means whatsoever.

Unless otherwise explicitly set forth within this EULA, you may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any part of the software to third parties except to the limited extent in the case You and TME have to conclude a specific OEM license and/or a specific re-distribution agreement and You have been explicitly granted the rights to use and distribute the software as OEM (Original Equipment Manufacturer) and/or other specific redistributing the software to third parties; remove or destroy any proprietary markings or legends or any encrypted license keys or similar security devices placed upon or contained within the software.

6. Fee structure and payment

The purchase and subscription of the software is provided following a freemium model pricing structure; downloading the application is free of charge whereas additional chargeable service can be bought while using the software to enhance performance or to include special features/ services via In-app purchases.

For these services according to this EULA You are obliged to pay a license fee in the amount and according to the pricing terms and conditions published on these visuals https://tme-ag.de/tile-search-slicer, https://tme-ag.de/tme-multi-card-kpis, https://tme-ag.de/tme-toggle-switchhttps://tme-ag.de/tme-power-slider.

All purchases can be made on the website and through STRIPE as preferred payment service provider.

In case the subscription of the software is not terminated according to the conditions as laid out in section 10 of the EULA, the subscription period will be automatically prolonged by TME according to the chosen plan, unless You as the subscriber terminate the EULA in an appropriate way.

For the services to be provided to You, according to this EULA, You are obliged to pay the service fee as the annual payment or as the monthly payment based on the selected services package for the software in the amount and according to the terms and conditions set forth with the special conditions of this EULA, if applicable.

Technical service for the application is generally free of charge on a custom development service base. TME is not obliged to ensure such services to you.

In case of a performance failure, malfunction or any other issue caused by the software that might arise after TME has provided technical service and that results in any material damage TME and its affiliates in line with the provisions of section 8 of this EULA shall only be liable to the amount of the subscription price for the software license key.

Any other service fee for a particular service package is established regardless of the number or substance of software updates and upgrades made available during the particular time period.

The specific amounts of license fee for the software are available from the TME website. In addition to the payments of fees set forth within this EULA, You are obliged to pay also the applicable taxes or duties, including the value added tax.

7. Intellectual property

The Software and all related rights, including the proprietary rights therein, are owned by TME or its affiliates and are protected according to the provisions of international treaties and all applicable national laws.

This EULA does not convey to You nor allow You to acquire any title or ownership interest in the Software or rights therein. All rights, titles, and interest in the Software and in any ideas and know-how which are developed by TME in the course of providing any technical services, including any enhancements or modifications made to the Software, shall at all times remain the property of TME.

The structure, organization and code of the software are the valuable trade secrets and confidential information of TME.

8. Liability and user obligations

This software is provided by the copyright holders and contributors “as is”; 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 on the possibility of such damage.

You shall indemnify, defend and hold TME harmless from and against any and all damages, losses and expenses arising directly or indirectly from:
(i) Your acts and omissions to act in using the software and/or the Services pursuant to the terms of the EULA or
(ii) Your breach of this EULA.

The user shall be liable for the compliance with the terms and conditions of the Third party Software and shall release TME from and undertake the liability for claims raised by any third persons because You have used the software contrary to the terms of this EULA and/or You have otherwise violated the terms of this EULA.

9. Privacy

This privacy policy is for our power BI custom visuals (Tile Search Slicer by TME AG, Toggle Switch by TME AG, Ratings Visual by TME AG, Multi Card KPIs by TME AG, Power Slider by TME AG and all upcoming visuals from TME AG). These Power BI custom visuals do not collect or use any of your personal information except payment information provided by paid users. The visuals only receive data from Power BI and do local computations and rendering in the client browser.

TME respects your privacy rights and recognizes the importance of protecting any information collected about You. By installing and using of the software and/or accessing and using the services, You consent with the terms and conditions of TME Privacy Policy and to any terms and conditions included therein by reference.

We keep the data flow aggregated through our software at a minimal volume. Given this, the data storage and possible transfer outside the application to be used for other purposes is very limited; While using the software TME as the licensee will only track how the license key is used to run the application. By installing and using the software and/or accessing and using the services, you consent that TME may collect and use such information and data for the execution of this EULA.

TME hereby acknowledges to respect the user’s permission settings and not attempt to manipulate, trick, or force people to consent to unnecessary data access.

TME will provide its best efforts to ensure that any third party with whom an app shares user data — such as analytics tools, advertising networks and third-party SDKs, as well as any parent, subsidiary or other related entities that will have access to user data — will provide the same or equal protection of user data as stated in the TMEs privacy policy.

By subscribing to any of our Power BI visuals, you give consent for marketing communication from TME AG to your e-mail. TME provides a mechanism to opt-out from e-mails.

Upon termination of the subscription TME or its affiliates will automatically delete any user data; moreover, the subscriber has the right to request deletion and confirmation of such action.

10. Term of use and termination

Unless otherwise explicitly set forth within special conditions, the term of your license under this EULA shall commence on the date that You accept this EULA by installing, copying or otherwise using the software and ends on the earlier date of either your disposal of the software.

This EULA and your license terminate immediately if You attempt to circumvent any technical protection measures used in connection with the Software or You otherwise use the Software and/or Services in breach of the terms of this EULA.

The license to use the Software and this EULA terminates immediately after the expiration of license term or after a unilateral termination, see below.

You may terminate the license to use the software and this EULA at any time by destroying the software and documentation together with all copies in any form. In the event you as the subscriber have been using payable advanced features of the software You can terminate the subscription by using the link provided by TME in your subscription confirmation email. In case of unpaid balances at the time of termination, TME shall be entitled to invoice these amounts.

TME or its affiliates shall have the right to unilateral termination of the license to use the Software and this EULA with immediate effect by giving You a written notice, in case You have delayed any payment hereunder for more than 14 (fourteen) days and failed to remedy such delay immediately after receipt of a respective reminder from TME. Following such event, You have to re-subscribe to take full advantage of the software again.

11. Miscellaneous

This EULA represents the entire agreement between You and TME relating to the software and supersedes all prior oral or written communications, proposals, and representations with respect to its subject matter. You shall not have the right to assign or otherwise transfer your rights or obligations under this license except with the written consent of TME.

The EULA becomes effective and binding upon the creation of account as it is defined within Section 2 of this agreement. TME may perform online license validation to ensure that the license is used in line with conditions set forth by EULA.

If any provision of this EULA is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of this EULA. This EULA shall be enforced to the full extent allowable under applicable law.

No modification to this EULA is binding, unless made in writing and agreed by a duly authorized representative of each party. This EULA shall be binding on and shall inure to the benefit of the heirs, successors, and assigns of the parties hereto. The failure of either party to enforce any right resulting from the breach of any provision of this EULA by the other party will not be deemed a waiver of any right related to a subsequent breach of such provision or any other right hereunder.

In case Microsoft AppSource Store as parent platform for the deployment of the software will change its regulatory framework which will impact any provision of this agreement and/or render it obsolete or gives the opportunity to adjust the EULA to the benefit of both parties, TME reserves the right to introduce a new version of the EULA or some provisions thereof.

12. Applicable Law

Any disputes arising from this agreement will be subject to German law and be enforced in Frankfurt am Main, unless otherwise stipulated by the respective jurisdiction in the country the software is used in the event of a legal action.0July 20, 2021