End User License Agreement

Please take note: by installing the WP Business Intelligence plugin that is the subject of this License, you are agreeing to the terms of the License. If you don’t understand anything in this License, ask the WP Business Intelligence customer support!

License

WP Business Intelligence hereby grants this end user license (“License”) to you as Licensee, pursuant to which you have the non-transferable, limited, and non-exclusive right to install, use, reproduce, and display the WP Business Intelligence plugin identified above (“WP Business Intelligence plugin”) and functionality thereof solely by the maximum number of web domains specified by the purchase agreement. You are permitted to make and keep one back-up copy of the WP Business Intelligence plugin. You are responsible to ensure that all persons who operate your licensed web site domains abide by this License.

The governing principle is that there is no limit on the number of web domains (but not to exceed the licensed maximum) that are simultaneously capable of accessing and operating the WP Business Intelligence plugin, so long as all such web domains are owned by you or your subcontractors and are being used by you and the subcontractors’ direct employees. If you give away or sell a web domain, you must remove the WP Business Intelligence plugin from it before doing so. If the WP Business Intelligence plugin is hosted on a server on an internal network and is served to other web domains, the only web domains that may access the WP Business Intelligence plugin from the server are the web domains covered by this License.

The License permits you to use the WP Business Intelligence plugin to create digital displays for viewing purposes and printed documents for distribution to unlicensed parties if, and only if, the WP Business Intelligence plugin is expressed in a static document format that permits only the viewing and printing (and not the editing, altering, enhancing, or modifying) of “live” text in the document, page, or image. If persons or companies not covered by this License wish to manipulate the design or text of documents using the WP Business Intelligence plugin, they will separately need to obtain a license from WP Business Intelligence for the web domains they will use to do so.

By way of illustration and not limitation, if you or your subcontractors design a logo or create a brochure using the WP Business Intelligence plugin, you may provide it to unlicensed parties in a static raster image format (e.g., a PNG, JPEG, GIF or TIFF), a static vector image format (e.g., a PDF or EPS ?le created using the “Create Outlines” command in Adobe InDesign or Illustrator), or a secured image format (e.g., a “protected,” “subset embedded,” “non-editable” Flash SWF ?le for distribution on the web). You may provide PDFs, live mechanicals or Font Software to printers or service bureaus for the duration of a print job.

Any distribution or use of the WP Business Intelligence plugin not specifically covered in this EULA will require an addendum to this License (if by you) or a separate license (if by someone else). This includes, for example, charts addition or modification by you or a third party; embedding of the WP Business Intelligence plugin in other software for distribution to third parties; use of the WP Business Intelligence plugin on a workgroup or internet server; and inclusion of one or more charts of the WP Business Intelligence plugin’s charts set as an integral part of the surface or user interface of any kind of commercial product or service not related to web domains mentioned in the purchase contract.

You are prohibited from converting, porting, decompiling, reverse engineering, disassembling, adapting or modifying, in whole or in part, the WP Business Intelligence plugin. You agree that any violation of this provision will render you liable for damages calculated on the basis of WP Business Intelligence’s highest charges for charts software development.

You are prohibited from distributing, transmitting, leasing, loaning, selling, or sub-licensing, in whole or in part, the WP Business Intelligence plugin, to any third party, subsidiary, affiliate, assignee, customer, or agent, except as permitted in this EULA. You are required to implement reasonable security precautions, protocols, and protective measures to prevent the unauthorized use, distribution, duplication, transmission, or dissemination of the WP Business Intelligence plugin.

If during the period of the License WP Business Intelligence so requests, you will provide within thirty (30) days’ of the request a complete accounting of the web domains (with appropriate identification information, including IP addresses) upon which you have installed the WP Business Intelligence plugin, certified by an officer of the company. In addition, upon reasonable notice, WP Business Intelligence may, either through its own employees or through a third party at WP Business Intelligence’s discretion, audit your records and computer equipment to verify compliance with the terms of the License. If the audit reveals any use in violation of this License, in addition to WP Business Intelligence’s other remedies, you will be required to reimburse WP Business Intelligence for the costs of conducting the audit. Your failure to comply with these accounting and audit provisions is grounds for WP Business Intelligence’s termination of this License by written notice to you.

This License is subject to termination if you violate any of the terms and conditions stated herein. WP Business Intelligence will give you written notice of the violation, and you shall have fifteen (15) days after the date of the notice to cure the violation. If the violation is not cured within that period, this License may thereupon be terminated by WP Business Intelligence by written notice to you. No fees shall be refundable to you upon termination. Upon termination of this License, you must destroy the WP Business Intelligence plugin and all copies thereof, in part or in whole, and in all forms of media. You must promptly submit a declaration signed by an officer of the company that attests to the destruction of the WP Business Intelligence plugin in conformance with this License. the termination of the License is without prejudice to WP Business Intelligence’s entitlement to damages for a violation of the License.
All rights not expressly granted by WP Business Intelligence to you are hereby reserved to WP Business Intelligence; without limiting the generality of the foregoing, WP Business Intelligence retains all right, title, and interest of whatsoever nature (including all intellectual property rights) in the WP Business Intelligence plugin and in all legally protectable elements and derivative works of the WP Business Intelligence plugin, regardless of by whom paid for or developed.

Disclaimer

WP Business Intelligence disclaims and makes no warranties, express or implied, concerning the WP Business Intelligence plugin, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. WP Business Intelligence does not warrant that the WP Business Intelligence plugin will operate uninterrupted or error-free.

If the WP Business Intelligence plugin delivered to you is corrupted or delayed during transit or is found to otherwise contain a flaw that can be reproduced by WP Business Intelligence in its review of the WP Business Intelligence plugin, WP Business Intelligence will replace it with the same WP Business Intelligence plugin.

In no event will WP Business Intelligence be liable to you or any other person or entity for any indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter arising out of or relating to the subject matter of this License. WP Business Intelligence’s total liability for damages, if any, will be limited to the total fees paid by you to WP Business Intelligence hereunder.

General

You are reminded that this License is non-transferable. You may not assign your rights, duties, or obligations under this License to any other person or entity, in whole or in part, without the prior express written consent of WP Business Intelligence. If someone else would like to use the WP Business Intelligence plugin, the appropriate solution is to purchase a license.

No waiver of any provision of this License or of any right or remedy hereunder will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, course of dealing with respect to, or partial exercise of any right or remedy hereunder will constitute a waiver or relinquishment of any other right or remedy, or future exercise thereof.

All notices must be in writing and will be deemed to be delivered when received by electronic mail; by certified mail, postage prepaid, return receipt requested; or by a nationally known overnight mailing service, directed to the parties at the respective addresses given above or to such other address as either party may designate to the other party by notice given in conformance with this subsection.

This License shall be governed by, and construed in accordance with the laws of the Republic of Geneva, Switzerland, excluding its rules governing conflicts-of-law. Any dispute relating to this Agreement will be decided solely in the courts located in the Republic of Geneva, Switzerland and the parties irrevocably submit to the personal jurisdiction of said courts for that purpose. In the event of your violation of any of the provisions of this License, WP Business Intelligence will be entitled to an award of its reasonable attorney’s fees, and in that regard reasonableness will be based on the legal services reasonably required to enforce the License and not based upon the swiss franc amount, if any, of the award against you.

Your installation of the WP Business Intelligence plugin constitutes your acceptance of all of the provisions contained in this License, which constitutes the complete and binding agreement between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written.