Xcelsius 2008 Trial Version
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Remove the trial key from your dashboard spreadsheet (if you are upgrading from a trial). Our operations team will shortly process and grant access to our portal. There you can download product updates, case management, and page view tracking. Terms of Use CMAP ANALYTICS FOR SAP BUSINESSOBJECTS DASHBOARDS SOFTWARE LICENSE AGREEMENT- TRIAL LICENSE IMPORTANT - PLEASE READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. BY INSTALLING OR USING THE GMAPS PLUGIN DEVELOPER SOFTWARE, (1) YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT YOU SHOULD DISCONTINUE THE DOWNLOAD AND USE OF THE GMAPS PLUGIN DEVELOPER SOFTWARE.
THIS SOFTWARE LICENSE AGREEMENT (this “Agreement”) is entered into between Centigon Solutions Inc., a California corporation, whose business address is 1333 Camino Del Rio S #300, San Diego, CA 92121 (“Licensor”), and the individual or authorized representative of the company using the Licensed Software (the “Licensee”), as of the date Licensee accepts the terms of this Agreement by using the Licensed Software (the “Effective Date”). This Agreement sets forth the terms under which Licensee may use the proprietary software identified on Exhibit One (the “Licensed Software”), as well as any documentation, user manuals, and related materials provided by Licensor with the Licensed Software (collectively, the “Licensed Documentation”). GRANT OF LICENSE; TERM. Subject to the terms of this Agreement, Licensor hereby grants to Licensee, and Licensee hereby accepts from Licensor, a nonexclusive, nontransferable, nonassignable, non-sublicensable, 30 day license: (i) to use the object code of the Licensed Software as a single, undivided unit; (ii) to use the Licensed Documentation exclusively in connection with the Licensed Software; and (iii) to use all services provided by Licensor in connection with the Licensed Software (the “License”), solely for Licensee’s internal business purposes. Each License is granted for a limited 30 day subscription basis commencing on the Effective Date. Each License shall have the number of named users as set forth on Exhibit One (“Named Users”). Each License is limited to the number of page views and technology specifications and limitations as set forth on Exhibit One.
It is a trial version and the trial period has expired How many times were we reluctant to attend a business meeting; boring speeches, turning of presentations and so forth. So, this is a helpful tip to make professional meeting more interesting: use Xcelsius.
- This Trial License is granted free to the Trial User (individually Licensed Software Developer) solely for the purposes of evaluating the purchase of the User License for the subject component. Visual BI Solutions will not be responsible for any compatibility issues that arise while using the components.
- Mar 23, 2015 Xcelsius 2008 refers to both Xcelsius Enterprise 2008 as well as SAP Crystal Dashboard Design 2008 and SAP Crystal Presentation Design 2008. The latest version of Xcelsius 2008 is available to download from SAP Service Marketplace and the SAP Crystal Solutions downloads site. Make sure you download and extract out all of the files from the zip file and run the setup program from your hard.
In the event Licensee consumes the allotted service page views, Licensee may purchase additional service page views as set forth on Exhibit One. Licensor and Licensee agree that any rights not specifically granted to Licensee by this Agreement are expressly reserved by Licensor. Licensor reserves the right to change the terms of this Agreement annually in its sole and absolute discretion. Licensee will be notified of any changes to this Agreement prior to the expiration of each annual term, as set forth on Addendum 2. OWNERSHIP; RESTRICTIONS. The Licensed Software and Licensed Documentation are being licensed, and not sold, to Licensee. All right, title, and interest in and to the Licensed Software and Licensed Documentation are and shall remain at all times the sole and exclusive property of Licensor and its licensors.
Licensee’s rights in or to the Licensed Software and Licensed Documentation are limited to those rights explicitly set forth in this Agreement. Licensee shall not copy, translate, reverse engineer, decompile, disassemble, sell, distribute, sublicense, display, host, outsource, disclose or otherwise commercially exploit or make available to any third party the Licensed Software or Licensed Documentation, or modify, enhance, or otherwise change or supplement the Licensed Software or Licensed Documentation, in any way, without the prior written consent of Licensor which may be withheld in Licensor’s sole and absolute discretion. If Licensee is an agency or instrumentality of the United States Government, the Licensed Software and Licensed Documentation are “commercial computer software” and “commercial computer software documentation” within the meaning of applicable Federal Acquisition Regulations (as may be amended or supplemented from time to time), and Licensee’s use of the Licensed Software and Licensed Documentation is governed exclusively by this Agreement. THIRD PARTY COMPONENTS. The Licensed Software may contain certain components and applications licensed from third parties or utilize certain third party services, pursuant to an agreement between Licensor and such third parties (“Third Party Components”).
Licensee may only utilize the Third Party Components as part of the Licensed Software, as expressly authorized by this Agreement, and in accordance with the third party’s terms of use, legal notices, privacy policies and other requirements, as may be amended and supplemented from time to time (“Third Party Terms of Use”). By using the Licensed Software, Licensee accepts the terms of and agrees to be legally bound by the Third Party Components and Third Party Terms of Use detailed on Addendum 1 to this Agreement, which is incorporated by reference as though set forth in full at this time. To the maximum extent allowed by law, Licensee shall defend, indemnify and hold Licensor, its affiliates, shareholders, officers, directors, managers, members, employees and agents harmless from and against any and all claims, demands, losses, damages, costs and expenses of any nature whatsoever, including attorneys’ fees and costs, incurred in connection with, arising out of or relating in any way to a breach by Licensee of the Third Party Components or Third Party Terms of Use.
To the extent any Third Party Components or Third Party Terms of Use are governed by open source licenses with provisions inconsistent with this Agreement, those Third Party Components are instead governed solely by the applicable open source licenses. Licensor shall provide no training as part of this Agreement. TRADEMARKS; OTHER INTELLECTUAL PROPERTY. “GMaps Plugin”, “Centigon Solutions”, and any other service marks or trademarks used on or in connection with the Licensed Software or Licensed Documentation (the “Trademarks”) are Trademarks of Licensor, except for those trademarks which are included with the Third Party Components or Third Party Terms of Use. Any use of or goodwill arising from the use of the Trademarks shall accrue solely to Licensor, who shall remain the sole owner of the Trademarks. Licensee shall not use the Trademarks, or any trademarks which are included with or related to the Third Party Components or Third Party Terms of Use, in any way without the express written consent of Licensor or the applicable third party owner.
Licensee shall not remove, alter, cover or modify any copyright, trademark, trade name, patent, restrictive legend or other proprietary notice affixed on any copies of the Licensed Software or Licensed Documentation. 7.1 Termination. Licensor may terminate this Agreement immediately if Licensee is in breach of this Agreement. Licensee may terminate this Agreement if Licensor is in material breach of this Agreement, and such breach is not cured within thirty (1) days following written notice from Licensee to Licensor. SUPPORT, UPGRADES, MAINTENANCE.
Licensor shall provide NO support, upgrades, and maintenance without any additional charge during the License Term if, and to the extent, specified on Exhibit Two - Support Terms. LIMITED WARRANTY.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS SECTION, THE LICENSED SOFTWARE AND LICENSED DOCUMENTATION ARE PROVIDED “AS-IS”, “WITH ALL FAULTS,” AND “AS-AVAILABLE” AND LICENSOR MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LIMITATION OF LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY THIRD PARTY, UNDER THIS AGREEMENT OR THROUGH THE USE OF THE LICENSED SOFTWARE OR LICENSED DOCUMENTATION, FOR ANY AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OR INACCURACY OF DATA, LOSS OF BUSINESS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF LICENSEE OR ANY THIRD PARTY AND/OR FROM ANY OTHER CAUSE WHATSOEVER, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S AGGREGATE LIABILITY FOR ANY CAUSE OF ACTION, IN CONTRACT, TORT, OR OTHERWISE TO LICENSEE OR ANY THIRD PARTY ARISING FROM THIS AGREEMENT OR THE USE OF THE LICENSED SOFTWARE AND/OR LICENSED DOCUMENTATION EXCEED THE CURRENT ANNUAL LICENSE FEE PAID BY LICENSEE UNDER THIS AGREEMENT. The Licensed Software and Licensed Documentation may be subject to U.S. Export control laws and may be subject to export or import regulations in other countries. Licensee shall strictly comply with all such laws and regulations, and has sole responsibility to obtain authorization to export or import the Licensed Software and Licensed Documentation, as may be required.
About Trial Version Software
To the maximum extent allowed by law, Licensee shall indemnify, defend, and hold Licensor, and its affiliates and licensors (and their shareholders, members, managers, officers, directors, employees, and agents) harmless from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees and costs) arising from or relating to any breach of Licensee’s obligations under this section. Licensee’s obligations under this section shall survive the expiration or termination of this Agreement. Licensee agrees to take all necessary steps to protect and hold any software, design, specification, idea, concept, plan, copy, formula, drawing, procedure, or other business or technical information that is obtained as a result of services rendered by Licensor to Licensee in connection with this Agreement (“Confidential Information”) in strict confidence and with the same degree of care that Licensee uses to protect its own confidential and proprietary information. Licensee shall not use the Confidential Information other than: (i) to conduct business with Licensor pursuant to this Agreement; and (ii) for purposes of Licensee’s implementation and use of the Licensed Software and Licensed Documentation as intended by this Agreement. The obligation of confidentiality hereunder shall not apply to information that: (i) is or becomes available to the general public through no act or fault of Licensee; or (ii) is required to be disclosed pursuant to judicial or governmental decree or order, provided that Licensee gives Licensor prompt notice of and the opportunity to defend against disclosure pursuant to such decree or order. Licensee acknowledges that the unauthorized use or disclosure of any Confidential Information or violation of this Agreement would cause irreparable harm to Licensor and that monetary damages will not provide an adequate remedy. Accordingly, Licensee agrees that Licensor will have the right to obtain an immediate injunction against any breach or threatened breach of this Agreement or this Confidentiality provision, without bond, other security or proof of damages, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
Licensor shall be entitled to recover its attorneys’ fees and costs arising in connection with any action to enforce this provision. GENERAL PROVISIONS. Complete Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement, and supersedes any prior or contemporaneous agreements, understandings, or proposals as to the subject matter of this Agreement.
This Agreement may not be modified or altered except by written instrument duly executed by both parties. Any notice or communication required or permitted in this Agreement shall be in writing and shall be delivered by email. Any email directed to Licensor shall be addressed to support@centigonsolutions.com. Any email directed to Licensee shall be addressed to the last known email address in Licensor’s records for Licensee. Governing Laws and Venue.
This Agreement and performance under this Agreement shall be governed exclusively by the laws of the State of California without regard to any considerations of conflicts of law. FOR ANY DISPUTE RELATING TO OR ARISING OUT OF THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS OF THE COUNTY OF SAN DIEGO, CALIFORNIA. If any provision of this Agreement is declared or found to be illegal, void, invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and enforceable to the maximum extent possible. Licensee may not assign, sublicense, or otherwise transfer, without the express written consent of Licensor, its rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, and any purported attempt to do so is void and of no effect.
The delay or failure of Licensor to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver by Licensor of such right or any further right under this Agreement. The headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. No Construction Against Drafter. If an ambiguity or question of intent arises with respect to any provision of this Agreement, this Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement. Force Majeure.