As a user of the Power BI Control Room, you must read and agree to this EULA
- Introduction
This End User License Agreement ("EULA", “Agreement”) is a legal agreement between license buyer (“client”, “Licensee”, “you”) and BI Samurai GmbH, Frohburgstrasse 10, 4600 Olten, Switzerland (“BI Samurai”, “we”), the developer, owner and publisher of the Power BI Control Room ("PBCR"). By installing and using the PBCR, you agree to be bound by the terms of this EULA. If you intend to use the PBCR on behalf of a third-party entity you warrant that you are authorized to do so and the entity you represent agrees to be legally bound by this Agreement. This Agreement is enforceable against licensee and any entity that obtained the PBCR. If you do not agree to the terms of this EULA or you are not authorized to accept those terms on behalf of any third party entity, you should not buy or use the PBCR.
- License Grant
This license applies to the Power BI Control Room product. BI Samurai grants you a non-exclusive, non-transferable, limited license key to use the PBCR according to the selected subscription plan for a determined period of time.
- Restrictions
You may not modify, distribute, or create derivative works of the PBCR without the express written consent of BI Samurai. You may not reverse engineer, decompile, or disassemble the PBCR, except to the extent that such activity is expressly permitted by applicable law. You may not rent, lease, or lend the PBCR to any third party. You may not use the PBCR for any illegal or unauthorized purposes.
- Payment Terms
BI Samurai is obliged to issue an invoice to the Licensee. Invoices for the annual fee will be issued in advance and must be paid before the start of the subscription. The up-front fixed implementation fee must be paid before the PBCR is implemented. Payments can be made by bank transfer or by credit card. All bank and credit card fees are to be paid by the client. Payments are accepted in CHF, EUR and USD. If BI Samurai is requested to issue invoices in a different currency than CHF, BI Samurai is in charge of defining the exchange rate and is allowed to add a mark-up.
Failure to execute the payment results in termination of this agreement and service suspension.
BI Samurai commits not to modify the annual fees charged to the client during each subscription year. Upon the expiration of each subscription year, BI Samurai may increase the annual fees my maximum 5%. Licensee acknowledges that the annual fees are subject to change in accordance with this Agreement and agrees to pay applicable annual fees in advance, unless this Agreement is terminated.
- GDPR Compliance Obligations
The Client acknowledges and agrees that they are solely responsible for ensuring that their use of the PBCR complies with all applicable laws and regulations, including the European Union's General Data Protection Regulation (GDPR). The Software may collect data that includes personal information, such as user names and usage data, which is subject to GDPR requirements. The Client agrees to take all necessary measures to comply with GDPR regulations in their use of the PBCR. The Client shall indemnify and hold BI Samurai harmless from any claims, damages, or liabilities arising out of or related to the Client's failure to comply with GDPR regulations.
- Ownership
The PBCR and all intellectual property rights in and to the PBCR are owned by BI Samurai. The PBCR is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
- Support
The client may request and BI Samurai may provide support services related to the PBCR (“support services”). Support services are charged in accordance with the selected support plan of the client.
- Cancellation and Termination
We offer flexible cancellations for our subscription service. If you cancel your subscription within the first six months of signing up, you will not be eligible for a pro-rated refund. However, if you cancel after six months, you will be eligible for a pro-rated refund for any unused portion of your subscription. We reserve the right to terminate your subscription at any time and for any reason, including but not limited to a breach of this EULA.
- Automatic Renewal
Your subscription will automatically renew at the end of each yearly billing cycle, unless you opt out of automatic renewal by providing written notice to us at least 30 days before the end of the current billing cycle.
- Disclaimer of Warranty
The PBCR is provided "as is," without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. BI Samurai does not warrant that the PBCR will meet your requirements or that the operation of the PBCR will be uninterrupted or error-free.
- Limitation of Liability
In no event shall BI Samurai be liable for any damages, including, but not limited to, direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use the PBCR.
- Governing Law
This EULA shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflict of laws.
- Entire Agreement
This EULA constitutes the entire agreement between licensee and BI Samurai regarding the use of the PBCR and supersedes any prior agreements or understandings, whether written or oral.
- Modification of Agreement
We reserve the right to modify, update, or change this EULA at any time. Your continued use of our software or services after any such modifications indicates your agreement to be bound by the updated EULA. It is your responsibility to review this EULA periodically for changes.
