LICENSE
GOODDATA LCM END USER LICENSE AGREEMENT
GoodData Corporation ("GoodData") provides this "LCM", hereafter referred to as the "Software", to you subject to the following terms and conditions. By using the Software 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 the Software.
1. Use Rights. Subject to the restrictions below, you may download and modify the Software contents for your use solely for the purpose of creating applications related to Your use of the GoodData subscription services platform (“Application(s)”). Open source software components provided with or used by the Software are licensed to you under the terms of the applicable license agreements included with such open source software components, which accompany this Software.
2. No Duty to Support; Reservation of Rights. You expressly acknowledge that GoodData has no duty or obligation to support the Software, or to provide updates or bug fixes to the Software and that GoodData otherwise reserves all rights not expressly granted to you hereunder in connection with Software.
3. Restrictions You agree that you will not (i) use the Software to create, design or develop any functionality other than as set forth above in Section 1; (ii) allow third parties other than those performing work solely on your behalf within the scope of the license herein to modify, create derivative works of, reverse engineer, reverse compile, or disassemble the Software; (iii) distribute, sell, lease, rent, lend, or sublicense any part of the Software to any third party except as incorporated into your Application; or (iv) 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.
4. GoodData Ownership. Except for those portions licensed to GoodData by third parties, GoodData retains ownership of the Software, 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 the Software.
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. You may not use GoodData product names and trademarks, however, except where GoodData provides you express, prior written permission to use such product names and trademarks. All other marks are the property of third parties subject to applicable use terms such entities may provide.
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 subscription services. You agree, upon termination, to destroy all copies of the Software 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
THE SOFTWARE AND ITS SOURCE CODE 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. YOU MAY BE ABLE TO EXERCISE ADDITIONAL WARRANTY RIGHTS OFFERED BY THIRD PARTY COMMERCIAL SOFTWARE VENDORS WHOSE COMPONENTS ARE USED BY THE SOFTWARE. IN THOSE INSTANCES, YOUR SOLE REMEDY AND RECOURSE SHALL BE AGAINST THE LICENSORS OF SUCH COMMERCIAL SOFTWARE, AND NOT AGAINST GOODDATA.
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 CONSEQUENTIAL DAMAGES ARISING OUT OF OR FROM THE SOFTWARE OR YOUR USE OF THE SOFTWARE, 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 THE SOFTWARE 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. The Software 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 the Software 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 or related to: i) your use of the Software; ii) any derivative works you create using Software source code, and iii) 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 the Software 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.