This End User License Agreement ("EULA", “Agreement”) is a legal agreement between the buyer of the Power BI Control Room (“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 product ("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.
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.
- Trial use
You may get a free trial access to the PBCR for a determined period and for the purpose of allowing you to evaluate the PBCR. By applying for a trial license, you are bound by this Agreement and confirm that you have read and understood this Agreement. BI Samurai may charge the up-front fixed implementation fee for a free trial.
- 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 for the client. 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.
- Data access
The Client acknowledges and agrees that BI Samurai needs to access the client’s data in case support is needed. BI Samurai will not access the client’s data in any case where the client does not request this.
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.
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
You may cancel your subscription at any time by providing written notice to us. You will not be entitled to a refund of any fees already paid. Your subscription will remain active until the end of the current billing cycle, at which point your account will be terminated. 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
BI Samurai shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the PBCR. You use the PBCR at your own risk, and BI Samurai shall not be held responsible for any damages or issues caused by the PBCR directly or indirectly.
- 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.
- Modification of End User License Agreement:
BI Samurai reserves the right, at its sole discretion, to modify or replace any part of this End User License Agreement (EULA) at any time. It is your responsibility to periodically review the EULA for changes. Your continued use of the PBCR following the posting of any changes to this EULA constitutes acceptance of those changes.
Notification: BI Samurai may notify you of any material changes to this EULA through electronic mail or by prominently displaying notices on the PBCR or its website.
- 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.