GoodData® Cloud Connect End User License Agreement
GoodData, Inc. ("GoodData") provides various software, tools, libraries and templates (collectively "Cloud Connect") to you subject to the following terms and conditions. By clicking the “I Accept” button you agree to the terms and conditions of this Agreement. If you do not agree with any of the following terms, then do not use Cloud Connect.
1. Use Rights: Subject to the restrictions below, you may download and make a reasonable number of copies of the Cloud Connect contents for your use solely for the purpose of creating and modifying logical data model descriptions and transformation graph descriptions that will be deployed on the GoodData platform. Open source software components provided with Cloud Connect are licensed to you under the terms of the applicable license agreements included with such open source software components. The open source software licenses can be found in the open_source_licenses.txt file accompanying Cloud Connect.
2. Restrictions: You agree that you will not (i) use Cloud Connect to create, design or develop anything other than as set forth above in Section 1; (ii) make any more copies of Cloud Connect than are reasonably necessary for the authorized use and backup and archival purposes; (iii) modify, create derivative works of, reverse engineer, reverse compile, or disassemble Cloud Connect; (iv) distribute, sell, lease, rent, lend, or sublicense any part of Cloud Connect to any third party; (v) upload or otherwise transmit any material containing software viruses or other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any software or hardware. The restrictions in this Section 3 shall not apply if and to the extent they contradict mandatory local law (including, but not limited to, law implementing the EC Software Directive) provided that, before you exercise any rights that you believe to be entitled to based on mandatory law, you provide GoodData with 30 days prior written notice and provide all reasonably requested information to allow GoodData to assess your claim and, at GoodData's sole discretion, to provide alternatives that reduce any adverse impact on GoodData's intellectual property or other rights.
3. GoodData Ownership: GoodData retains ownership of Cloud Connect, including without limitation all copyrights and other intellectual property rights therein. You may not remove, delete or modify any of the GoodData copyright statements in Cloud Connect.
4. Your Ownership: You own the data model descriptions and the transformation graph descriptions that you create using Cloud Connect.
5. Trademarks: Your use of GoodData product names and trademarks shall comply with the branding guidelines that may be distributed by GoodData from time to time.
6. Term, Termination and Changes: This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. You and or GoodData each may terminate this Agreement for any reason at any time. This Agreement shall automatically terminate upon the expiration or termination of the agreement that governs your use of the GoodData platform. You agree, upon termination, to destroy all copies of Cloud Connect within your possession or control. The Limitations of Warranties, Liability and Indemnification sections set out in this Agreement shall survive any termination or expiration of this Agreement.
7. Limitations of Warranties and Liability: CLOUD CONNECT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOODDATA DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOODDATA BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSE¬QUEN¬TIAL DAMAGES ARISING OUT OF OR FROM CLOUD CONNECT OR YOUR USE OF CLOUD CONNECT, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
GOODDATA'S LIABILITY ARISING OUT OF CLOUD CONNECT PROVIDED HEREUNDER WILL NOT, IN ANY EVENT, EXCEED US$100.00.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER GOODDATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Export Control: Cloud Connect is technology of United States origin and is provided subject to the U.S. Export Administration Regulations and the regulations of other jurisdictions (e.g., the European Union). Diversion contrary to applicable law is prohibited. Without limiting the foregoing, you agree that (i) you are not acting on behalf of any person who is a citizen, national, or resident of, or who is controlled by the government of any country to which the United States or other applicable government body has prohibited export transactions (e.g., Iran, North Korea, etc.); (ii) you are not acting on behalf of, any person or entity listed on a relevant list of persons to whom export is prohibited (e.g., the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department Denied Persons List or Entity List, etc.); and (iii) you will not use Cloud Connect for any purpose prohibited by applicable law.
9. Indemnification: You agree to defend, indemnify and hold harmless GoodData, and any of its directors, officers, employees, affiliates, subsidiaries or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys' fees), arising from the data model descriptions and the transformation graph descriptions that you create using Cloud Connect and your breach of this Agreement.
10. Governing Law: These terms are governed by the laws of the State of California and the United States of America without regard to conflict of laws principles. You may not assign any part of this Agreement without the prior written consent of GoodData. Any attempted assignment without consent shall be void. These terms constitute the entire agreement between you and GoodData with respect to Cloud Connect, and supersede all prior written or oral communications, understandings and agreements. Any waiver of these terms must be in writing to be effective. If any provision of these terms is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law.
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