Excel in Business Limited – End User License Agreement (EULA) for EiB Analytics 2018 including EiB Insurance Analytics, EiB Shipping Analytics, EiB KPI Analytics, EiB Financial Analytics, EiB AppStudio, EiB ReportStudio, EiB Data Warehouse Manager
You signify you accept this agreement by doing any of the following:
1. Signing and returning a paper copy of it to us; or
2. Agreeing to it electronically, either in reference by email or by indicating your acceptance when prompted during the installation process; or
3. Installing the product. This includes where the installation is conducted by you, a 3rd party or by us on computer equipment owned or licensed for use by you.
You should read all of this agreement carefully before you door permit any of these things.
This license agreement (“Agreement”) permits you to use the software, in computer executable/object code only, which accompanies this Agreement (“Software”) and any associated documentation, packaging and other related materials supplied by us (together “Documentation”), so long as you have paid the applicable license fee. Ownership of the Software remains with Excel in Business Limited at all times. Your right to use the Software and Documentation is subject to the terms set out in this license agreement.
Some components of the Software are based on open source software and the terms and conditions of these components are covered by the GNU general public license http://www.gnu.org/licenses/gpl.html
In particular please note that:
- this Agreement permits you to use the Software, and any updates to it that you receive from us in accordance with this Agreement, for a period of 12 months (One Year) from the date of purchase of the Software.
- you may continue to use the Software for successive One Year periods thereafter providing you pay our annual renewal fee (“Annual Fee”) by each anniversary of the original purchase date. The Annual Fee should be clearly documented either from an online purchase or in the sales proposal submitted by us or an authorized business partner of ours. In certain agreements with approved 3rd Parties and Business Partners, the Annual Fee may be replaced by a quarterly or annual support & maintenance fee (“Support Fee”). In such cases Support Fee shall have the same meaning as Annual Fee within this section.
- in some parts of the Software, we may provide specifically designed Excel in Business spreadsheets that we have developed in Microsoft’s Excel spreadsheet program. These form an integral part of the Software and all usage and restrictions apply to these components. In particular, when we provide Dashboard or Charting functionality, these workbooks contain significant intellectual property which is an integral part of the Software.
- if you decide not to renew usage after any annual period has expired, you agree to uninstall the Software and discontinue usage of the Software as soon as the annual period expires. If usage is continued in any way after an annual period has expired (including any spreadsheets containing our Dashboard and Charting functionality specifically highlighted above) and no payment has been made by you to renew such usage, a full year’s Annual Fee or Support Fee will be charged as a minimum payment upon discovery of such occurrence. If the Software has been used for multiple years after a non renewal period, then the Annual Fee or Support Fee multiplied by the number of years of non payment of the Annual Fee or Support Fee will be applied. Furthermore, we reserve the right although not the obligation to seek further damages through the courts, should non payment be based on willful neglect of contractual obligations.
Providing the Annual Fee or Support Fee has been paid, you are entitled to receive without additional cost :
- new versions of the Software;
- web fault logging and email support relating to your Use of the Software in accordance with this Agreement; and
- access to our periodic downloadable updates and online information about the Software;
The Annual Fee or Support Fee does not include services required for upgrading the Software (where applicable) which will be charged at our standard rates or rates charged by an approved 3rd party and are optional. clause 2.8 contains information about how we will charge you if after One Year you decide to continue to use the Software, clauses 4 and 5 contain our commitment regarding Software quality and details about how we restrict our liability and clause 6.1 informs you of how we will use any personal information which you provide us with. You should ensure that you read and understand these clauses especially.
If you do not agree to be bound by the terms of this Agreement, you should promptly uninstall the Software and delete all supporting files provided with the Software including any documentation, support or reference files. Refunds will only be considered where the Software does not perform in accordance with the presentations given by us to you or does not perform as stated in our public collateral including any brochures, whitepapers, technical documentation or website content hosted on www.excelinbusiness.com or any microsites owned by us from which your decision to buy has been based on.