These terms of use are an agreement between you and the App Provider. Please read them. They apply to the add-in, connector, or other software application for use with Power BI that you download or install from AppSource or acquire from within the settings of Power BI (the “App”), including any updates or supplements for the App, unless the App comes with separate terms, in which case those terms apply. BY DOWNLOADING, INSTALLING, OR USING THE APP, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD, INSTALL, OR USE THE APP. Except for the above, if the App enables access to any Internet-based services, your use of those services will be subject to the separately-provided terms of use. In this agreement “App Provider” means the entity licensing the App to you, as identified in AppSource or the App’s description. If the App is licensed to you by Microsoft, then the App Provider is Microsoft (or based on where you live, one of its affiliates). If you comply with these terms of use, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use the App with your Power BI cloud service subscription. You may not install or use a copy of the App with a Power BI cloud service subscription you do not own or control. 2. INTERNET-BASED SERVICES. The App Provider may provide Internet-based services with the App. In addition to the following, your use of those services is subject to the terms provided to you by the App Provider and/or your wireless carrier. a. Consent for Internet-Based or Wireless Services. The App connects to computer systems over an Internet-based or wireless network. In some cases, you will not receive a separate notice when they connect. Using the App operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and App software, and peripherals) for Internet-based or wireless services. b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use any Internet-based service to try to gain unauthorized access to any service, data, account or network by any means. 3. SCOPE OF LICENSE. The App is licensed, not sold. This agreement only gives you some rights to use the App. The App Provider reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the App only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways. You may not • work around any technical limitations in the App; • reverse engineer, decompile or disassemble the App, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the App than specified in this agreement or allowed by applicable law, despite this limitation; or • publish or otherwise make the App available for others to copy or use; or transfer, rent, lease, or lend the App. 4. ACCEPTABLE USE. Neither you nor those that access the App through you may use the App: • in a way prohibited by law, regulation, governmental order, or decree; • to violate the rights of others; • to try to gain unauthorized access to or disrupt any service, device, data, account, or network; • to spam or distribute malware; • in a way that could harm the App or impair anyone else’s use of it; or • in any application or situation where failure of the App could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage. 5. PREVIEWS. The App Provider may offer preview, beta or other pre-release features and versions of the App ("Previews"). Previews may employ lesser or different privacy and security measures. Unless otherwise provided, Previews are not included in customer support or service level agreements. The App Provider may change or discontinue Previews at any time without notice. The App Provider also may choose not to release a Preview as a "General Availability" commercial release. 6. DOCUMENTATION. If documentation is provided with the App, you may copy and use the documentation solely for your reference purposes. 7. TECHNOLOGY AND EXPORT RESTRICTIONS. The App 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 App. These laws include restrictions on destinations, end users and end use. For information on how these laws and regulations apply to Microsoft branded products, see 8. SUPPORT SERVICES. The App is provided “as is.” Contact the App Provider to determine if any support services are available. If Microsoft is the App Provider, it may provide support services, but is not obligated to do so under this agreement. 9. THIRD PARTY SERVICES. The App may allow you to access third party branded software, data, services, websites or products (“Third Party Services”). The App Provider and Microsoft assume no responsibility or liability whatsoever for any Third Party Service. You are solely responsible for any Third Party Service that you install or use with the App. Your use of any Third Party Service shall be governed by the license, service, or privacy terms between you and the publisher of the Third Party Service. 10. ENTIRE AGREEMENT. This agreement and the terms for supplements and updates are the entire agreement between you and the App Provider for the App. If Microsoft is the App Provider, this agreement cannot be construed to change the terms of any other agreement you may have with Microsoft with regard to Microsoft Power BI, Dynamics 365, Office, AppSource, or any other Microsoft product or service (which are governed by the software license terms, online services terms or other terms of use or agreement that accompanied or are associated with the applicable Microsoft product or service). 11. APPLICABLE LAW. a. United States. If you acquired the App in the United States, Washington state law governs this agreement, 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. b. Outside the United States. If you acquired the App in any other country, the laws of that country apply. 12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of the state or country where you reside. This agreement does not change your rights under the laws of the state or country where you reside if such laws do not permit it to do so. 13. DISCLAIMER OF WARRANTY. THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. THE APP PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. DISTRIBUTORS DO NOT GUARANTEE THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CUSTOMER DATA LOSS WON'T OCCUR. 14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APP OR $5.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR. This limitation applies to • anything related to the App, or services made available through the App, or content (including code) on third-party Internet sites; and • 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 App does not fully compensate you for any losses; or • Distributor knew or should have known about the possibility of the damages.