These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of PBI Explorer (“Application”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Tabular Tools Corp. (“Tabular Tools Corp.”, “we”, “us” or “our”). By accessing and using the Application, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Application. You acknowledge that this Agreement is a contract between you and Tabular Tools Corp., even though it is electronic and is not physically signed by you, and it governs your use of the Application.
Scope of License
The Application is licensed, not sold. This Agreement only gives you some rights to use the Application. Tabular Tools Corp. reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Application only as expressly permitted in this Agreement. In doing so, you must comply with any technical limitations in the Application that only allow you to use it in certain ways. You may not:
- allow a third party application to connect and read data from the Application without Tabular Tools Corp.’s prior written approval;
- download or use the Application to conduct competitive research;
- disclose the results of any benchmark tests of the Application to any third party without Tabular Tools Corp.’s prior written approval;
- work around any technical limitations in the Application;
- reverse engineer, decompile or disassemble the Application, except and only to the extent that applicable law expressly permits, despite this limitation;
- rent, lease or lend the Application;
- transfer the Application or this Agreement to any third party; or
- redistribute the Application to any third party without Tabular Tools Corp.’s prior written approval.
User Content
We do not own any data, information or material (collectively, “Content”) that you submit on the Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. Unless specifically permitted by you, your use of the Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Direct Use of Service
In order to access the Service APIs you may be required to provide certain information (such as application name or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to Tabular Tools Corp. will always be accurate and up to date and you will inform us promptly of any updates.
Advertisements
During your use of the Application, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to Other Resources
Although the Application may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Application may be “affiliate links”. This means if you click on the link and purchase an item, Tabular Tools Corp. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Application. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Application or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Application, third party products and services, or the Internet. We reserve the right to terminate your use of the Application for violating any of the prohibited uses.
Telemetry Data Collection
The Application may collect certain telemetry data to help enhance its functionality, performance, stability, and gather usage statistics. This data does not include any personal or sensitive information. By using the Application, you consent to the collection and transmission of this data to Tabular Tools Corp. To opt-out of telemetry data collection, set the environment variable ‘PbiExplorer_DisableTelemetry’ to ‘true’ before launching the Application. To opt-out of exception data collection, set the environment variable ‘PbiExplorer_DisableCrashDumps’ to ‘true’ before launching the Application.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Tabular Tools Corp. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Tabular Tools Corp. All trademarks, service marks, graphics and logos used in connection with the Application, are trademarks or registered trademarks of Tabular Tools Corp. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any of Tabular Tools Corp. or third party trademarks.
Disclaimer of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Application is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Tabular Tools Corp., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Tabular Tools Corp. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Tabular Tools Corp. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Tabular Tools Corp. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Application or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts of Delaware, and you hereby submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Application at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Application after any such changes shall constitute your consent to such changes.
Acceptance of these Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Application you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Application.
Contacting Us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@tabulartools.com.