...
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single legal entity) whose details are provided to eazyBI Flex BI upon Purchase (defined below) (“Licensee”) and eazyBI Flex BI to use the Software. This EULA applies from the date when the Licensee receives the Software from a Reseller or eazyBI Flex BI (“Purchase”). An amendment or addendum to this EULA may accompany the Software. The Licensee agrees to be bound by the terms of this EULA by installing, copying, downloading or otherwise using the Software or clicking the “I Accept/ Agree” button if Purchasing the Software online. If the Licensee does not agree to the terms of this EULA, the Licensee may not install, copy, download or otherwise use the Software or if acquiring the Software on-line the Licensee must click the “Cancel” button. The Licensee cannot cancel its Purchase after it has started installing, copying, downloading or otherwise using the Software or clicked the “I Accept/Agree” button if Purchasing the Software online.
...
Accessible Code means source code that is unprotected and accessible.
eazyBI Flex BI means eazyBI Flex BI SIA, Avenu iela 7 k-1, JurmalaMaza Nometnu 47, Riga, Latvia, LV-2008, Reg. No. 40103398174.1002, 40203021416
Authorized User means a person who accesses and uses the Software under a User License.
Embedded Software means any third party software which may contain Accessible Code, Protected Code or Media licensed by eazyBI Flex BI from a third party and embedded in the Software.
Fees mean all fees and expenses payable by the Licensee to eazyBI Flex BI in acquiring the Software and as applicable any Maintenance or User Licenses.
Free License means a license for which the Fees are waived by eazyBIFlex BI.
Maintenance means the provision by eazyBI Flex BI to Licensee of Software updates and/or enhancements made generally available to customers from time to time, and online technical support for the sole purpose of addressing technical issues relating to the use of the Software.
...
Paid License means a license for which Fees have not been waived by eazyBIFlex BI.
Parties means either eazyBI Flex BI or the Licensee or both.
Protected Code means any source code that is protected against access by the Licensee and any third party without eazyBI’s Flex BI’s prior written permission and is otherwise not accessible under this EULA.
Reseller means a third party selling and distributing eazyBI Flex BI services and/or products which it is authorized by eazyBI Flex BI to do so.
Software means the eazyBI Flex BI software that accompanies this EULA, which may include computer software, Accessible Code, and Protected Code and may include associated media, Media, printed materials, “online” or electronic documentation, Internet-based services and Embedded Software.
...
Upon Licensee’s acceptance of this EULA, eazyBI Flex BI grants Licensee the non-exclusive right to use the Software subject to the following:
...
The licenses granted are subject to the condition that the Licensee must ensure the maximum number of Authorized Users accessing and using the Software concurrently is equal to the number of User Licenses for which the necessary Fees have been paid to the Reseller or eazyBIFlex BI. The Licensee may purchase additional User Licenses at any time on payment of the appropriate Fees to the Reseller or eazyBIFlex BI.
eazyBI Flex BI grants Licensee
(i) to install and use the Software on one (1) production server that can be accessed by the agreed number of end-users within Your organization (limited or unlimited number of end-users that is specified in the license fee invoice),
...
Evaluation License
2.3 Installation and Use
eazyBI Flex BI may in its sole discretion provide evaluation copies of the Software for customers to assess the Software, which may not have full functionality. If the Software is only provided for evaluation purposes the rights of the Licensee are limited to this evaluation license which permits the Licensee to download, install, use and operate the Software for a limited 30-day period (“Evaluation Period”) and be accessed by a limited number of temporary users only, as determined by eazyBI Flex BI (“Evaluation Licence”). On the expiry of the Evaluation Period, the Software will cease to function and the Licensee must remove and delete all copies of the Software in its possession.
eazyBI Flex BI grants Licensee
(i) to install and use the Software on one (1) test server strictly for evaluation and review purposes and not for production purposes,
...
2.4 Scope
Each license granted by eazyBI Flex BI under this EULA is unless otherwise specified in this EULA or agreed by eazyBI Flex BI in writing; worldwide, non-exclusive and non-transferable
...
Except as otherwise agreed in writing by eazyBIFlex BI, the Licensee must only install the Software and make the Software available for use on hardware systems owned, leased or controlled by the Licensee.
2.7 Responsibility for Non-controlled systems
If eazyBI Flex BI permits the Licensee to install the Software or make the Software available for use on hardware systems not owned, leased or controlled by the Licensee (“Uncontrolled Systems”), the Licensee will ensure the terms of this EULA are complied with by users of such Uncontrolled Systems and the Licensee indemnifies eazyBI Flex BI for all costs, damages and loss eazyBI Flex BI suffers arising from such installation or use of the Software on Uncontrolled Systems.
...
5. Reservation of Rights and Ownership
eazyBI Flex BI reserves all rights not expressly granted to the Licensee in this EULA. The Software and all copies thereof are protected by copyright and other intellectual property laws and treaties. eazyBI Flex BI or its relevant third parties own the title, copyright, and all other intellectual property rights in the Software and all subsequent copies of the Software. The Software is licensed, not sold and the Licensee does not acquire any rights of ownership in the Software hereunder.
...
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software (“Supplementary Software”) that eazyBI Flex BI may provide to the Licensee or make available to the Licensee after the date the Licensee obtains its initial copy of the Software, unless eazyBI Flex BI provides other terms along with any Supplementary Software. eazyBI Flex BI reserves the right to discontinue any Internet-based services provided to the Licensee or made available to the Licensee through the use of the Software.
6.2 Maintenance
eazyBI Flex BI will provide Maintenance for the period that is specified in the license fee invoice for a Paid Version. Any support services in excess of services generally included by eazyBI Flex BI in Maintenance may be subject to the payment of additional Fees. If Maintenance is desired beyond the initial maintenance period after the date of Purchase, Licensee must pay an additional fee.
...
Licensee must not, whether through negligent act or omission, or without the prior written consent of eazyBIFlex BI, which may be withheld at eazyBI’s Flex BI’s discretion and include certain conditions: (a) decompile; reverse engineer; disassemble; modify; adapt; create derivative works from; or otherwise attempt to derive; any part or whole of the Software; (b) directly or indirectly access or use any Embedded Software independently of the rest of the Software; (c) sell; sublicense; redistribute; reproduce; transmit; circulate; disseminate; translate or reduce to or from any electronic medium or machine readable form the Software or any data/information not owned by the Licensee which is provided to Licensee through the Software to a person who is not an Authorised User; (d) vary or amend the Software (including any Embedded Software; Protected Code or Accessible Code); (e) except as otherwise permitted in this EULA, publish; promote; broadcast; circulate or refer publicly to the eazyBI Flex BI name; trade name; trademark; service mark or logo; (f) commit any act or omission the likely result of which is that eazyBI’s Flex BI’s or any of its third party suppliers’ reputation will be brought into disrepute or which act or omission could reasonably be expected to have or does have a material and adverse effect on eazyBI’s Flex BI’s interests; (g) distribute the Software via OEM Distribution without entering into a separate OEM Distribution Agreement with eazyBIFlex BI; or (h) copy or embed elements of the Accessible Code contained in the Software into other software.
...
The Software includes license protection mechanisms that are designed to manage and protect the intellectual property rights of eazyBI Flex BI and its third-party suppliers. Licensee must not modify or alter those features to try to defeat the Software or use rules that the license protection mechanisms are designed to enforce. Any such attempt by the Licensee will result in the immediate termination of any license granted under this EULA.
...
If the Licensee discovers it has breached any of its obligations under this EULA and in particular but not limited to the obligations in clause 7, the Licensee must immediately report such breach to eazyBIFlex BI, in writing.
8.2 Breach of Additional Licences
Where a breach involves the distribution or use of Software outside of the terms of the User License or any Additional User License (including but not limited to the use and distribution of Embedded Software), eazyBI Flex BI and/or any third party owner of Embedded Software will be entitled (without prejudice to any other right or claim that eazyBI Flex BI or any third party owner of Embedded Software may have against Licensee) to charge Licensee, in addition to any other Fees payable by Licensee under this EULA, a fee calculated based on the number of prohibited distributions or uses multiplied by the respective list prices that eazyBI Flex BI and/or any third party owner of Embedded Software charges for the Software or Embedded Software respectively.
9. Investigation of Unauthorized Use and Distribution
If eazyBI Flex BI reasonably suspects the Software has been distributed to or obtained by any person or party without eazyBI’s Flex BI’s prior written consent, that Embedded Software is being varied or accessed or used independently of the Software or that Licensee is otherwise breaching a term of this EULA and in particular, but without limitation, its obligations under clause 7, eazyBI Flex BI reserves the right to require the Licensee to provide an unqualified certificate executed by the Licensee’s auditor verifying compliance with the terms of this EULA. Such requests shall be made no more frequently than once per a calendar year. If such an unqualified certificate is not received by eazyBI Flex BI within ninety (90) calendar days of being required, it will be considered that a breach of this EULA has occurred allowing eazyBI Flex BI to terminate the licenses granted under this EULA.
...
Without prejudice to any other rights and in addition to any other termination rights in this EULA, eazyBI Flex BI may terminate with immediate effect, this EULA if
...
Immediately upon termination of a license granted under this EULA, the Licensee must at its own cost (a) cease permitting access to and procure that all Authorised Users immediately cease all use of the Software; (b) remove all copies of the Software from its computer systems or any Uncontrolled Systems; and (c) provide eazyBI Flex BI with written certification that it has destroyed all copies of the Software including but not limited to all Accessible Code in its possession, custody or control.
...
If the Software becomes, or in the opinion of eazyBI Flex BI may become, the subject of a claim of infringement of any third party’s intellectual property rights, eazyBI Flex BI may, at its option and in its discretion: (a) procure for Licensee the right to use the Software free of any liability; (b) replace or modify the Software to make it non-infringing; or (c) refund any license Fees related to this Software paid by Licensee. The foregoing states the sole liability of eazyBI Flex BI and the exclusive remedy of Licensee for any infringement of intellectual property rights by the Software or any other items provided by eazyBI Flex BI under this EULA.
12.2
eazyBI’s Flex BI’s liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in Latvia.
...
Licensee will indemnify and hold harmless eazyBI Flex BI against all costs, expenses, losses, and claims made against eazyBI Flex BI as a result of any infringement of a third party’s intellectual property rights arising from the Licensee’s or its Authorized User’s unauthorized use of the Software under this EULA.
...
Licensee acknowledges and agrees that if Licensee breaches this EULA and eazyBI Flex BI or any third party owner of Embedded Software suffers any loss, damage, cost or expense directly or indirectly in connection with the breach, eazyBI Flex BI or the relevant third party owner of the Embedded Software may bring an action directly against Licensee.
...
To the maximum extent permitted by applicable law in the jurisdiction in which the Software or any Supplementary Software is supplied or Maintenance is provided, eazyBI Flex BI and its third-party suppliers provide the Software and any Maintenance AS IS AND WITH ALL FAULTS, and except otherwise expressly contained in the EULA, hereby disclaim all other warranties and conditions, whether express, implied or statutory.
...
The Licensee may have remedies against eazyBI Flex BI imposed by law or statute which can not be excluded by eazyBI Flex BI and its third-party suppliers. To the extent the Licensee has such legal remedies against eazyBI Flex BI or its third party suppliers then to the fullest extent permitted by law eazyBI Flex BI and its third-party suppliers’ liability is limited (a) at eazyBI’s Flex BI’s option, to: (i) in the case of the Software: 1) repairing or replacing the Software; or 2) the cost of such repair or replacement; and (ii) in the case of Maintenance services; 1) resupply of the Maintenance services; or 2) the cost of having the Maintenance services supplied again; or (b) if the limitation set out in 14.1(a) is not applicable then to an amount of the liability up to a maximum of the sum of the multiple of three times the amount actually paid by the Licensee for the Software.
...
Subject to section 14.1, notwithstanding any damages Licensee might incur for any reason whatsoever to the maximum extent permitted by applicable law the entire liability of eazyBI Flex BI and any of its third party suppliers under any provision of this EULA and Licensee’s exclusive remedy hereunder shall be limited to an amount of the liability up to a maximum of the sum of the multiple of three times the amount actually paid by the Licensee for the Software.
...
Notwithstanding anything else in this section 14, to the maximum extent permitted by applicable law, in no event shall eazyBI Flex BI or its third party suppliers be liable for any loss of income; loss of business profits or contracts; business interruption; loss of the use of money or anticipated savings; loss of information; loss of opportunity, goodwill or reputation; loss of, damage to or corruption of data; special; incidental; punitive; indirect; or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Software; the provision of or failure to provide Maintenance or other services; information; software; and related content through the Software or otherwise arising out of the use of the Software; or otherwise under or in connection with any provision of this EULA, even in the event of the fault; tort (including negligence); misrepresentation; strict liability; breach of contract; or breach of warranty of eazyBI Flex BI or any third party supplier, (including any such liability for the acts or omissions of its employees, agents and subcontractors); and even if eazyBI Flex BI or any third party supplier has been advised of the possibility of such damages.
14.4
...
Flex BI shall have no liability to the Licensee where faults arise from:
(a) the possession, use, development, modification or maintenance of the Software (or any part thereof) by the Licensee other than in accordance with this license, if the infringement would have been otherwise avoided; or
(b) misuse, incorrect use of or damage to the Software from whatever cause (other than any act or omission by eazyBIFlex BI); or
(f) any breach of the Licensee’s obligations under this license; or
(g) any modification not authorized by eazyBI Flex BI resulting in a departure from the license; or
...
15. Publicity Rights
Licensee grants eazyBI Flex BI the right to include Licensee as a customer in Software promotional material, including Licensee’s logo. Licensee can deny eazyBI Flex BI this right at any time by submitting a written request via email to support@eazybisupport@Flex BI.com, requesting to be excluded from Software promotional material. Requests made after Purchase may take thirty (30) calendar days to process.
...
This EULA may not be amended except with the written agreement of eazyBI Flex BI whose consent may be withheld in its complete discretion without any requirement to provide reasons.
...
Licensee may assign this EULA to: (i) succeeding parties in the case of a merger, acquisition or change of control; or (ii) if Licensee is a supplier to a government agency; provided, however, that in each case, (a) eazyBI Flex BI is notified in writing within ninety (90) days of such assignment, (b) the assignee agrees to be bound by the terms and conditions contained in this EULA and (c) upon such assignment the assignee makes no further use of the Software licensed under this EULA. eazyBI Flex BI may assign its rights and obligation under this EULA without a consent of Licensee. Any permitted assignee shall be bound by the terms and conditions of this Agreement.
...
This EULA (and any addendum or amendment to this EULA which is included with the Software) is the entire agreement between the Licensee and eazyBI Flex BI relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
...
21. Notices
All notices given to eazyBI Flex BI must be sent to support@eazybisupport@Flex BI.com, if by electronic communication, or Avenu iela 7 k-1, Jurmala, LV 2008, Latvia, if by mail, and to the Licensee at the address provided by it upon Purchase of the Software. Notice will be deemed received and properly served 24 hours after an electronic communication (including email) is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an electronic communication, that such e-mail was sent to the specified e-mail address of the addressee.
22. Waiver
22.1
If eazyBI Flex BI fails, at any time during the term of this EULA, to insist upon strict performance of any of the Licensee’s obligations under this EULA, or if eazyBI Flex BI fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve the Licensee from compliance with such obligations.
22.2
A waiver by eazyBI Flex BI of any default shall not constitute a waiver of any subsequent default.
22.3
No waiver by eazyBI Flex BI of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Licensee in writing.
...
Clauses 1, 4, 5, 7, 9, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26 and 27 shall survive any termination of this EULA.
- ©2019 eazyBI Flex BI All rights reserved.
- Terms of Service
- Privacy Policy
- Pricing
- Documentation
- Contact Us
...