These Business Intelligence Terms and Conditions (this 鈥淎greement鈥�) govern your (鈥測our,鈥� 鈥測ou,鈥� 鈥渃ustomer鈥�) use of certain visualization software (the 鈥淪oftware鈥�) of a certain third party business intelligence software provider (鈥淏I Provider鈥�) with whom you have a direct license from and related services (鈥淪ervices鈥�) made available by 德信体育 (鈥湹滦盘逵��). By using the Software to access the analysis and visualizations (鈥淰isualizations鈥�), you agree to the following terms and conditions:
1. Description. The Service provides users with access to analysis and visualizations via the Software. The Software is owned and operated by BI Provider. You acknowledge and agree that BI Provider is not a party to this Agreement and that your terms and conditions with BI Provider govern and control with respect to your use of the Software (the 鈥淏I Terms鈥�). The Software is described more fully in the then-current version of any supporting product help and technical specifications documentation provided by or otherwise made available to you by BI Provider.
2. Use.
2.1 德信体育 hereby authorizes you to access the Visualizations as instructed by 德信体育 and in accordance with the applicable quotation and any documentation provided to you, subject to your timely payment of the fees to 德信体育 as described in the applicable quotation and your compliance with the terms and conditions of this Agreement.
2.2 德信体育 will make Visualizations available to your uniquely identified user(s) of the Software who will interact with the Visualizations on your behalf, solely for your internal business purposes (each, a 鈥淯ser鈥�). 德信体育 will provide access to the Visualizations to you for each named User, in accordance with the number of Users specified in the applicable quotation. Only those unique Users who are provided access may use the Software to access the Visualizations. You shall be solely responsible for all acts and omissions related to your and your Users鈥� use of the Software and Visualizations and the acts and omissions of all of your other employees, contractors or other agents.
2.3 Your User(s) are hereby granted, subject to payment of the fees as described in the applicable quotation, your access to the Software pursuant to the BI Terms, and your and your Users鈥� compliance with the obligations herein, a limited, non-exclusive, non-transferable, non-sublicensable, right during the term specified in the applicable quotation, to (a) copy, print or download a de minimus number of Visualizations solely via the functionality provided (鈥淩eproducible Content鈥�) and (b) reproduce, use and adapt such Reproducible Content, in combination with content and materials belonging or licensed to you, in order to distribute, display or otherwise make available such material to your internal end-users for internal business purposes only, provided that in each case any embedded copyright notices are retained and 德信体育 receives appropriate attribution for the Reproducible Content used.
3. Your Obligations.
3.1 You acknowledge that you have read and understand the BI Terms, as may be updated, modified or amended by BI Provider from time to time, and agree that you undertake and assume all applicable obligations under the BI TERMS, including without limitation: all license restrictions, BI Provider ownership rights, protection of Confidential Information, export compliance, and compliance with the general provisions of the BI TERMS. It is your obligation to ensure your compliance with the BI TERMS, including without limitation, to from time to time to check for any updates, modifications, or amendments that may have been made to the BI TERMS by the BI Provider or otherwise.
3.2 In addition to procuring and maintaining licensing with the BI Provider directly, you are responsible for procuring and maintaining all hardware, system software, devices, networks and telecommunications or other connectivity required to access the Software, and you are responsible for all costs associated therewith.
3.3 You shall: (i) ensure the security of each User鈥檚 authentication credentials to the Software to access the Visualizations and (ii) not permit an individual other than the User(s) uniquely associated with particular authentication credentials to use such credentials to gain access to the Visualizations. You shall immediately notify 德信体育 in writing (a) upon any loss, use or unauthorized disclosure, or other compromise of a User鈥檚 authentication credentials; or (b) if a User is no longer employed or associated with you such that his or her access to the Visualizations should be terminated.
3.4 All data provided under this Agreement must originate from 德信体育鈥檚 platforms (i.e. InfoLink庐, FleetStats庐, etc.).
3.5 ALL WARRANTIES ASSOCIATED WITH THE SOFTWARE WILL BE AS PROVIDED IN THE BI TERMS. BI PROVIDER SHALL HAVE NO WARRANTY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITY TO YOU AND YOUR USERS WHATSOEVER.
4. Termination.
4.1 德信体育 may terminate this Agreement (including any or all related quotations) at any time upon giving you fifteen (15) days written notice of the same. 德信体育 may also limit or terminate your or any User鈥檚 access to the Visualizations or this Agreement at any time for any reason if BI Provider requires 德信体育 to do so or if your or 德信体育鈥檚 right to use the Software and/or your or 德信体育鈥檚 license to the Software otherwise terminates. In the event any of the foregoing occur, 德信体育 will refund you, on a prorated basis, for any prepaid fees made and unused by you.
4.2 You may terminate this Agreement (including all related quotations): (a) if 德信体育 fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach; (b) if 德信体育 ceases operation without a successor; or (c) if 德信体育 seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against 德信体育 (and not dismissed within sixty (60) days).
4.3 Unless otherwise specified herein, termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
5. No Warranty. CROWN PROVIDES THE VISUALIZATIONS 鈥淎S IS鈥�. CROWN DOES NOT PROVIDE ANY WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE VISUALIZATIONS.
6. Indemnification. You shall indemnify, defend, and hold 德信体育 and its shareholders, directors, officers, employees, agents, predecessors, successors, affiliates, and assigns, from and against any claim, damages, liabilities, expenses, and costs, including reasonable attorney鈥檚 fees (鈥淐laims鈥�) (including any Claims by BI Provider) resulting from or relating to your and/or your User(s), or your employees, contractors, or other agent鈥檚 under your control, use of the Software or Visualizations, or breach of this Agreement. You may not settle any such Claim relating to the Software without 德信体育鈥檚 prior written consent, which shall not be unreasonably withheld.
7. Limitation of Liability. IN NO EVENT SHALL CROWN BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR COSTS OF COVER), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. CROWN鈥橲 DAMAGES ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THE VISUALIZATIONS AND SOFTWARE SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO CROWN HEREUNDER IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM FOR DAMAGES.
8. 德信体育 Audit Rights. 德信体育 may audit your access to the Visualizations and compliance with this Agreement. If such audits disclose that you or your User(s) have accessed or permitted access to or use of the Software and/or Visualizations in a manner that is not permitted under this Agreement and/or the BI Terms, then you shall be liable for the reasonable costs of the audit in addition to any other fees, damages and penalties 德信体育 may be entitled to under applicable law.
9. Change in Software Provider. As of the effective date of this Agreement (as described in the applicable quotation(s), the BI Provider is Microsoft. However, 德信体育 may choose, in its sole discretion, to utilize visualization software from a different provider in the future. In such a case you will be deemed to have agreed to undertake and assume all applicable obligations under the new provider鈥檚 BI TERMS. To the extent such new BI Provider requires you to sublicense the Software through 德信体育, 德信体育 will provide you with notice of such BI Terms by updating the terms of this Agreement, made publicly available on Business Intelligence Terms and Conditions. This Agreement will continue in full force and effect with respect to the new provider鈥檚 software, unless 德信体育 elects to require you to sign new Business Intelligence Terms and Conditions relating to such software. 德信体育 shall notify you no later than fifteen (15) days before 德信体育 changes providers. Following the expiration of the fifteen (15) day period, your access to the current BI Provider鈥檚 Visualizations will cease.
10. Policies. 德信体育鈥檚 then-current Data Use Policy for Connected Products and Services and Privacy Policy are incorporated herein by reference. Such policies may be updated by 德信体育 periodically as set forth therein.
Revised 10/2023
These Business Intelligence Terms and Conditions (the 鈥淎greement鈥�) govern your (鈥測our,鈥� 鈥測ou,鈥� 鈥渃ustomer鈥�) use of certain visualization software (the 鈥淪oftware鈥�) of a certain third party business intelligence software provider (鈥淏I Provider鈥�) and related services made available by 德信体育 (鈥湹滦盘逵��). By using or accessing the Software, you agree to the following terms and conditions:
1. Description of Software. The Software is a hosted service that provides users with access to analysis and visualizations (鈥淰isualizations鈥�). The Software is owned and operated by BI Provider and may be accessed by you through 德信体育鈥檚 web portal. You acknowledge and agree that BI Provider is not a party to this Agreement and that you shall have no rights under the End User License Agreement (鈥淓ULA鈥�), which can be found at except as described herein. The Software is described more fully in the then-current version of any supporting product help and technical specifications documentation provided by 德信体育 to you or otherwise made available by BI Provider.
2. Use of Software.
2.1 德信体育 hereby authorizes you, as a sublicensee of 德信体育, to use the Software as instructed by 德信体育 and in accordance with any documentation provided to you, subject to your timely payment of the fees to 德信体育 as described in the applicable quotation and your compliance with the terms and conditions of this Agreement.
2.2 德信体育 will make Visualizations available to your uniquely identified user(s) of the Software who will interact with the Visualizations on your behalf, solely for your internal business purposes (each, a 鈥淯ser鈥�). 德信体育 will procure unique login credentials for each named User, in accordance with the number of User licenses specified in the applicable quotation. Only those Users who are provided unique login credentials may use the Software. You shall be solely responsible for all acts and omissions related to your Users鈥� use of the Software and the acts and omissions of all of your other employees, contractors or other agents.
2.3 Your User(s) are hereby granted, subject to payment of the fees as described in the applicable quotation and your and your Users鈥� compliance with the obligations herein, a limited, non-exclusive, non-transferable, non-sublicensable, right during the term of the license specified in the applicable quotation, to use the Software to (a) copy, print or download a de minimus number of Visualizations solely via the functionality provided (鈥淩eproducible Content鈥�) and (b) reproduce, use and adapt such Reproducible Content, in combination with content and materials belonging or licensed to you, in order to distribute, display or otherwise make available such material to your internal end-users for internal business purposes only, provided that in each case any embedded copyright notices are retained and 德信体育 receives appropriate attribution for the Reproducible Content used.
3. Your Obligations.
3.1 You acknowledge that you have read and understand the EULA, as may be updated, modified or amended by BI Provider from time to time, and agree that, as a sublicensee, you undertake and assume all applicable obligations under the EULA, including without limitation: all license restrictions, BI Provider ownership rights, protection of Confidential Information, export compliance, and compliance with the general provisions of the EULA. It is Your obligation to monitor the EULA (the link to the EULA is as referenced in Section 1) from time to time to check for any updates, modifications, or amendments that may have been made to the EULA by the BI Provider or otherwise.
3.2 You are responsible for procuring and maintaining all hardware, system software, devices, networks and telecommunications or other connectivity required to access the Software, and You are responsible for all costs associated therewith.
3.3 You shall: (i) ensure the security of each User鈥檚 authentication credentials and (ii) not permit an individual other than the User(s) uniquely associated with particular authentication credentials issued by 德信体育 to use such credentials to gain access to the Software. You shall immediately notify 德信体育 in writing (a) upon any loss, use or unauthorized disclosure, or other compromise of a User鈥檚 authentication credentials; or (b) if a User is no longer employed or associated with You such that his or her access to the Visualizations should be terminated.
3.4 You agree that you will not, nor will your User(s), upload or otherwise publish any of your own or their own data onto the Software. All data on the Software must originate from 德信体育鈥檚 InfoLink庐 and/or FleetStats庐 platform.
3.5 YOU AND YOUR USERS HAVE NO DIRECT RELATIONSHIP WITH BI PROVIDER, AND BI PROVIDER SHALL HAVE NO WARRANTY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITY TO YOU AND YOUR USERS WHATSOEVER. YOU AND YOUR USERS WILL DEAL DIRECTLY WITH CROWN.
4. Termination.
4.1 德信体育 may terminate this Agreement at any time upon giving You fifteen (15) days written notice of the same. 德信体育 may also deactivate any authentication credentials for any User or otherwise limit or terminate your or any User鈥檚 access to the Software or this Agreement at any time for any reason if BI Provider requires 德信体育 to do so or if 德信体育鈥檚 right to use the Software and/or 德信体育鈥檚 license to the Software otherwise terminates. In the event any of the foregoing occur, 德信体育 will refund you, on a prorated basis, for any prepaid fees made by you.
4.2 You may terminate this Agreement (including all related quotations): (a) if 德信体育 fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach; (b) if 德信体育 ceases operation without a successor; or (c) if 德信体育 seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against 德信体育 (and not dismissed within sixty (60) days).
4.3 Unless otherwise specified herein, termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
5. No Warranty. CROWN PROVIDES THE SOFTWARE 鈥淎S IS鈥�. CROWN DOES NOT PROVIDE ANY WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
6. Indemnification. You shall indemnify, defend, and hold 德信体育 and its shareholders, directors, officers, employees, agents, predecessors, successors, affiliates, and assigns, from and against any claim, damages, liabilities, expenses, and costs, including reasonable attorney鈥檚 fees (鈥�Claims鈥�) (including any Claims by BI Provider) resulting from or relating to your and/or your User(s), or your employees, contractors, or other agent鈥檚 under your control, use of the Software. You may not settle any such Claim relating to the Software without 德信体育鈥檚 prior written consent, which shall not be unreasonably withheld.
7. Limitation of Liability. IN NO EVENT SHALL CROWN BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR COSTS OF COVER), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. CROWN鈥橲 DAMAGES ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO CROWN HEREUNDER IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM FOR DAMAGES.
8. 德信体育 Audit Rights. 德信体育 may audit your use of the Software and compliance with this Agreement. If such audits disclose that you or your User(s) have accessed or permitted access to or use of the Software in a manner that is not permitted under this Agreement, then you shall be liable for the reasonable costs of the audit in addition to any other fees, damages and penalties 德信体育 may be entitled to under applicable law.
9. Change in Software Provider. As of the effective date of this Agreement, the BI Provider is Tableau Software, LLC. However, 德信体育 may choose, in its sole discretion, to utilize visualization software from a different provider in the future. In such a case, as a sublicensee, you will be deemed to have agreed to undertake and assume all applicable obligations under the new provider鈥檚 EULA, which will be made available at the link referenced in Section 1 of this Agreement. This Agreement will continue in full force and effect with respect to the new provider鈥檚 software, unless 德信体育 elects to require you to sign new Business Intelligence Terms and Conditions relating to such software. 德信体育 shall notify You no later than fifteen (15) days before 德信体育 changes providers. Following the expiration of the fifteen (15) day period, Your access to the current BI Provider鈥檚 Visualizations will cease.
Revised 1/2021