Terms of Use for Neal Analytics Software & EULA (Power BI Usage Metrics Solution Template) This End User License Agreement (“EULA”) is an agreement between Neal Analytics. (“Neal”) and you covering your use of a limited version of Neal’s solution templates (as defined more fully below, “Software”).  This EULA shall also apply to the documentation for the Software and subsequent updates or supplements to the Software that Neal makes available to you, if any. By using the Software, you accept the terms of this EULA.  If you do not accept the terms of this EULA, do not use the Software.  If you comply with the terms of this EULA, you have the rights below. Software means the Neal Analytics Power BI Usage Metrics Solution Template comprised of the a PBIX file, the Neal ETL Code in Azure Functions and the database views and tables generated by the Neal Solution Template in SQL. These are documented via github, and belong to Neal.

  1. INSTALLATION AND USE RIGHTS.  You may install and use one copy of the Software on a single device for free (at no charge) for a period of 30 days. At the end of the free trial period, your key to the Software will expire, and you will no longer be able to access the Software. During the free trial period, you have the option to purchase a monthly subscription license from Neal for continued use of the Software, subject to the terms of this EULA, and subject to your paying your monthly subscription license fee on time. To purchase a monthly subscription license, you may contact Neal at contact-us@nealanalytics.com or by calling +1 425 822 2332. If you stop paying your monthly subscription fee, you agree to uninstall the Software and certify that you have done so. Neal reserves the right to provide licenses for free in exchange for recognition with Microsoft systems, such as Partner of Record.
  2. SCOPE OF LICENSE.  The Software is licensed, not sold.  This EULA gives you only some rights to use the Software.  Neal reserves all other rights.  You may use the Software only as expressly permitted in this EULA.  In doing so, you must comply with any technical limitations in the Software that allow you to use it only in certain ways.  You may not disable or work around any technical limitations in the Software; reverse engineer, decompile or disassemble the Software; make more copies of the Software than specified in this EULA, make the Software available for others to copy; rent, lease or lend the Software; transfer the Software or this EULA to any third party; or use the Software for commercial software hosting services.  The Software is available for use only by commercial users running in their environment at least one Power BI or O365 application in production, in conjunction with Microsoft’s Power BI offering¸ and use by any other person or organization or for any other use or purpose is prohibited, particularly by other Microsoft partners.  You must not remove or modify the Neal copyright legend, logo, or other references to Neal that appear within the Software’s code and its outputted views and reports.  Neal’s name, marks and logos are owned by Neal and subject to copyright.
  3. BACKUP COPY. You may not make one backup copy of the software. You may use it only to reinstall the Software.
  4. DOCUMENTATION.  You may access the documentation for the Software via Microsoft’s github.  Any person who has valid access to your device on which the Software is installed, or valid access to your internal network, may copy and use the Software’s documentation for your internal reference purposes.
  5. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use.  You may not do so to share this license between devices.
  6. EXPORT RESTRICTIONS.The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software.  These laws include restrictions on destinations, end users and end use.
  7. SUPPORT SERVICES. The Software is licensed to you “as-is”, and Neal is not obligated to provide any maintenance or support services for the Software.
  8. ENTIRE AGREEMENT.  This EULA comprises the entire agreement for the Software.  Should you decide to license a fuller version of the Software, or license a different Neal product, a different software license agreement will apply.
  9. APPLICABLE LAW. If you acquired the Software in the United States, Illinois state law governs the interpretation of this EULA and applies 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.  If you acquired the Software in any other country, the laws of that country apply.
  10. LEGAL EFFECT.  This EULA describes certain legal rights.  You may have other rights under the laws of your country.  You may also have rights with respect to the party from whom you acquired the Software.  This EULA does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
  11. DISCLAIMER OF WARRANTY.  The Software is licensed “as-is”.  You bear the risk of using it, and it is your obligation to validate the data contained in any view or report outputted by the Software.  Neal offers no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws which this EULA cannot change.  If you are a commercial purchaser, you agree to waive the consumer rights you have under your local laws.   To the extent permitted under your local laws, Neal excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  12. Damages Limitation and Exclusion.  If you use the Software for free (at no charge), you are not entitled to recover damages from Neal.  If you purchase a monthly subscription license for continued use of the Software, you can recover from Neal and its suppliers only direct damages up to the amount of U.S. $50.00.  You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to anything related to the Software, including 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 Neal knew or should have known about the possibility of the damages.  The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

The Software is subject to copyright.  Copyright © 2020, Neal, Inc.  All rights reserved.