Effective Date: May 1, 2025

Parties: These license terms (“Agreement”) are a legal agreement between you (“You” or “Licensee”) and PowerGraph LLC, a Washington limited liability company (“Licensor” or “PowerGraph”).

Applicability: This Agreement applies to PowerGraph’s custom visuals for Microsoft Power BI (“Visualization(s)”) obtained through Microsoft AppSource (formerly Office Store), received directly from PowerGraph, or acquired through any other channel, including any updates or supplements, unless superseded by separate license terms accompanying a specific paid or Professional version of the Visualization.

Acceptance: BY DOWNLOADING, INSTALLING, RECEIVING, OR USING THE VISUALIZATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO, AND MUST NOT, DOWNLOAD, INSTALL, OR USE THE VISUALIZATION.

1. Definitions

  • “Visualization”: Refers to the PowerGraph custom visual software for Microsoft Power BI licensed under this Agreement, including any associated documentation, updates, or supplements provided by PowerGraph.
  • “Microsoft AppSource”: The online marketplace operated by Microsoft where Power BI visuals and other applications can be acquired.
  • “Power BI Service”: The Microsoft Power BI cloud service, Power BI Desktop, Power BI Report Server, or any other product or service that supports the Power BI visual interface.

2. License Grant

  • Subject to your compliance with this Agreement, PowerGraph grants You a non-exclusive, non-transferable, revocable license to install and use the Visualization solely for your internal business purposes within the Power BI Service.
  • Evaluation/Free Versions: If the Visualization is designated as “Standard,” “Free,” or “Evaluation,” You may install and use any number of copies as permitted by its functionality.
  • Paid/Professional Versions: Use of paid or “Professional” versions may be subject to additional terms and conditions (including payment obligations and usage limits) provided separately, which supplement or supersede parts of this Agreement as specified therein.

3. Consent for Internet-Based Services

  •  The Visualization may connect to PowerGraph or third-party computer systems over the Internet (including wireless networks) to provide certain features or check for updates.
  •  Using the Visualization operates as your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, Visualization software, peripherals, and usage statistics) for internet-based services, support, and product improvement purposes. Please refer to the PowerGraph Privacy Policy [SUGGESTION: Add a link here if you have one] for more details on data handling.

4. Restrictions and Scope of License

  • The Visualization is licensed, not sold. PowerGraph LLC reserves all rights not expressly granted to You in this Agreement.
  • You may use the Visualization only as expressly permitted herein. You may not:
  • Work around any technical limitations in the Visualization.
  • Reverse engineer, decompile, or disassemble the Visualization, except and only to the extent that applicable law expressly permits, despite this limitation.
  • Publish, copy (except for backup purposes if applicable), rent, lease, sell, sublicense, assign, or lend the Visualization.
  • Transfer the Visualization or this Agreement to any third party.
  • Use the Visualization to develop a competing product or service.
  • Remove or obscure any copyright, trademark, or other proprietary notices from the Visualization.
  • Use any associated Internet-based services in any way that could harm them or impair anyone else’s use of them or the wireless network, or to attempt to gain unauthorized access to any service, data, account, or network.

5. Documentation

  • If documentation is provided with the Visualization, You may copy and use the documentation solely for your internal, reference purposes.

6. Intellectual Property

  • All title, ownership rights, and intellectual property rights in and to the Visualization (including but not limited to any images, code, text, and trademarks incorporated into the Visualization) and any copies thereof are owned by PowerGraph LLC. The Visualization is protected by copyright and other intellectual property laws and treaties.

7. Updates and Support

  • PowerGraph may, but is not obligated to, provide updates or supplements for the Visualization. This Agreement applies to any updates or supplements unless other terms accompany them.
  • Support services, if any, for the Visualization are provided according to PowerGraph’s then-current support policies, which may differ based on the license type (Evaluation/Free vs. Paid/Professional).

8. Term and Termination

  • This Agreement is effective until terminated.
  • Your rights under this Agreement will terminate automatically without notice from PowerGraph if You fail to comply with any term(s) of this Agreement.
  • Upon termination, You must cease all use of the Visualization and destroy all copies, full or partial, of the Visualization.
  • Sections 4, 6, 8, 10, 11, 12, 13, and 14 shall survive termination.

9. Technology and Export Restrictions

  • The Visualization may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the Visualization. These laws include restrictions on destinations, end users, and end use.

10. Applicable Law

  • United States: If You acquired the Visualization in the United States, the laws of the State of Washington govern the interpretation of this Agreement and apply to claims for breach of it, regardless of conflict of laws principles. The laws of the state where You live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
  • Outside the United States: If You acquired the Visualization in any other country, the laws of that country apply.

11. Legal Effect

  • This Agreement describes certain legal rights. You may have other rights under the laws of your state or country. This Agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

12. DISCLAIMER OF WARRANTY

  • TO THE FULLEST EXTENT PERMITTED BY LAW, THE VISUALIZATION IS LICENSED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
  • POWERGRAPH  LLC (DBA POWERGRAPH), ON BEHALF OF ITSELF AND ITS AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE VISUALIZATION.
  • YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
  • TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, POWERGRAPH  LLC EXCLUDES ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES

  • TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM POWERGRAPH  LLC ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SPECIFIC VISUALIZATION OR $1.00 USD, WHICHEVER IS GREATER.
  • YOU AGREE NOT TO SEEK, AND WAIVE ANY RIGHT TO RECOVER, ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, PUNITIVE, OR INCIDENTAL DAMAGES FROM POWERGRAPH  LLC OR ITS SUPPLIERS.
  • This limitation applies to:
    • Anything related to the Visualization, services made available through the Visualization, or content (including code) on third-party Internet sites.
    • Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
  • It also applies even if:
    • Repair, replacement, or a refund for the Visualization does not fully compensate You for any losses; or
    • PowerGraph LLC knew or should have known about the possibility of the damages.

14. General Provisions

  • Entire Agreement: This Agreement, and any terms for supplements, updates, or specific paid versions provided by PowerGraph, constitute the entire agreement between You and PowerGraph LLC regarding the Visualization.
  • Severability: If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
  • Waiver: Failure by PowerGraph LLC to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.