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Welcome to Vizable Beta.
By downloading, installing, copying and/or using the Vizable Beta Application (“Vizable Beta App”), you agree to be bound by the terms of this Agreement.
SOFTWARE LICENSE AND RESTRICTIONS. Subject to your compliance with the terms and conditions of this Agreement, Tableau grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable license, during the Alpha/Beta period, to reproduce the Vizable Beta App solely for testing and evaluation and as described in this Agreement. All rights not expressly granted herein are reserved by Tableau and its suppliers (including, without limitation, all intellectual property rights). You will not: (a) remove, alter, or obscure any proprietary notices (including copyright notices) of Tableau on the Vizable Beta App; (b) modify the Vizable Beta App, merge it with any other software, or reverse engineer, decompile, disassemble or otherwise attempt to discover its source code; (c) rent, transfer or otherwise distribute any copies of the Vizable Beta App (or portions thereof) to a third party, allow a third party to use the Vizable Beta App, or make the functionality of the Vizable Beta App available to the public in any manner; (d) use the Vizable Beta App to develop services or products for sale or include any components of the Vizable Beta App in any product; (e) use any portion of the Vizable Beta App to create a competitive service, product or technology; (f) use the Vizable Beta App for production purposes or any other purpose other than as expressly permitted; or (g) register, prosecute or otherwise obtain any intellectual property rights in the Vizable Beta App or derivatives, or attempt to do any of the foregoing.
CUSTOMER TESTING. You will test the Vizable Beta App during the time period designated by Tableau. If no time period is designated, then the license shall expire after 60 days or when access is automatically removed. You may provide suggestions, comments, usability, bug reports and test reports and other feedback (“Feedback”) to Tableau with respect to the Vizable Beta App. Feedback, even if designated as confidential, will not, absent a separate written agreement, create any confidentiality obligation for Tableau. You will not give Feedback that is subject to license terms that seek to require any Tableau product, technology, service or documentation incorporating or derived from such Feedback, or any Tableau intellectual property, to be licensed or otherwise shared with any third party. You hereby assign to Tableau all rights in any Feedback you provide. You acknowledge that Tableau will be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. All copies, improvements, updates, modifications or enhancements of the Vizable Beta App will remain the property of Tableau (including any changes which incorporate any Feedback).
NO MAINTENANCE. Tableau will not provide any support or maintenance for the Vizable Beta App. This Agreement does not entitle you to future releases or updates.
CONFIDENTIALITY. The Vizable Beta App constitutes valuable trade secrets of Tableau and its suppliers. You will not disclose Confidential Information to any third party. “Confidential Information” means: (a) information about the Vizable Beta App, including its design, performance characteristics, or any communications with Tableau relating to the Vizable Beta App, (b) object code, source code, architecture, algorithms, techniques, formulas, processes, know-how, ideas, inventions (whether or not patentable or copyrighted), and specifications and characteristics of products or services planned or being developed, (c) Feedback (including bug reports and test results), or (d) any other information marked as confidential or proprietary or that should be reasonably understood to be confidential or proprietary that is received from Tableau or discovered by you in the performance of this Agreement whether or not relating to the Vizable Beta App. Confidential Information does not include information that (a) was rightfully in the Your possession or known to it prior to receipt of the Confidential Information, (b) is or becomes publicly available without breach of this Agreement, (c) becomes available to You on a non-confidential basis from a source other than Tableau, provided that such source is not bound by a confidentiality agreement with respect to such information or (d) is independently developed without use of any Confidential Information as documented by written evidence. You will use reasonable efforts to protect and prevent any access to the Vizable Beta App or other Confidential Information. All Confidential Information will remain the property of Tableau. You acknowledge that unauthorized disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure Tableau will be entitled to appropriate equitable relief in addition to whatever other remedies it might have. Any disclosure of Vizable Beta App or other information by Tableau pursuant to this Agreement does not, in itself create a commitment as to any product, service, product feature or functionality, or prospective business relationship or constitute solicitation of any business or the incurring of any obligation not specified in this Agreement.
WARRANTIES. THE VIZABLE BETA APP IS PROVIDED “AS IS” AND WITH ALL FAULTS. TABLEAU MAKES NO WARRANTIES WITH RESPECT TO THE VIZABLE BETA APP, whether express, implied, or statutory, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, interference with your quiet enjoyment, SYSTEM INTEGRATION OR WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. You acknowledge that the Vizable Beta App may not be complete or fully functional and may contain bugs, errors, omissions and other problems that could cause system or other failures and data loss. You acknowledge that Tableau has no express or implied obligation to You to make the Vizable Beta App available or operational, to maintain or correct errors in the Vizable Beta App, or to announce or publicly introduce a production version of the Vizable Beta App and Tableau may not introduce a product similar to or compatible with the Vizable Beta App. Accordingly, you acknowledge that any use of the Vizable Beta App is done entirely at your own risk.
LIMITATION OF LIABILITY. IN NO EVENT WILL TABLEAU OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES, LOST PROFITS, LOST DATA, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY OUT OF THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE VIZABLE BETA APP, EVEN IF TABLEAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY RELATED TO THIS AGREEMENT OF TABLEAU AND ITS SUPPLIERS SHALL BE LIMITED TO FIFTY DOLLARS (U.S. $50).
YOU ACKNOWLEDGE THAT THE VIZABLE BETA APP WILL CEASE OPERATION ON THE END-DATE, WITH OR WITHOUT FURTHER NOTICE, AND AGREE THAT TABLEAU WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM OR LIABILITY THAT YOU MAY SUFFER IN CONNECTION WITH THE TERMINATION OF THIS AGREEMENT AND YOUR INABILITY TO ACCESS OR USE THE VIZABLE BETA APP.
THE LIMITATIONS SPECIFIED IN THIS SECTION 7 AND SECTION 6 (DISCLAIMER) ARE A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TERM AND TERMINATION. This Agreement commences upon the date Tableau delivers the Vizable Beta App to you, and will continue in effect until the end of the test period, unless sooner terminated as provided herein. Either party may terminate this Agreement upon written notice to the other party. Upon any termination or expiration, you will immediately cease all use of, and delete or destroy (or return, if requested by Tableau) all copies of the Vizable Beta App and other Confidential Information in your possession or control. Tableau may terminate this Agreement and seek injunctive relief upon any breach. Nothing in this Agreement obligates either party to enter into any further agreement with the other party. Sections 2 (Software License and Restrictions) (the restrictions and reservation of rights, but not the license grant in the first sentence), 3 (Customer Testing) (regarding Tableau’s rights to Feedback), 5 (Confidentiality), 6 (Disclaimer), 7 (Limitation of Liability), 10 (General Provisions) and this Section 9 will survive any termination or expiration of this Agreement.
GENERAL PROVISIONS: This Agreement will be governed by the laws of the State of Washington. The parties submit to the exclusive jurisdiction and venue of the federal and state courts for King County, Washington, for any disputes arising out of or related to this Agreement. Tableau may assign or transfer any of its rights under this Agreement without restriction. You may not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement to any third party without Tableau’s prior written consent. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which will remain valid and enforceable according to its terms. The parties are independent contractors and no relationship of employment, agency or joint venture is created under this Agreement. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written.