Alpha Serve Vendor App Subscription Terms and Conditions

These Vendor App Subscription Terms and Conditions (Agreement) are a legal agreement between you, either an individual accepting this Agreement or a single legal entity on whose behalf you accept this Agreement (Licensee) and Alpha Serve (Vendor) as the Power BI Connector for ServiceNow app provider.

Alpha Serve has developed a proprietary software application - Power BI Connector for ServiceNow (Software), which is solely intended and licensed for use with ServiceNow® hosted software and services (ServiceNow Platform) provided by ServiceNow, Inc. or its affiliates (ServiceNow). The Software requires ServiceNow platform installation and is not running stand-alone. It is being understood that ServiceNow is not responsible for, and will have no liability to Licensee in connection with, the Software or this Agreement.

The Vendor is willing to provide Software to the Licensee on the condition that Licensee accepts all terms in this Agreement.

The Licensee agrees to be bound by the terms of this Agreement by installing, copying, downloading, or otherwise using the Software or clicking the "I Accept/ Agree" button when acquiring the Software online. If the Licensee does not agree to this Agreement, the Licensee may not install, copy, download, or otherwise use the Software.

This Agreement is a supplement to the ServiceNow Store Terms of Use.

Ownership

The Software is protected by copyrights and other intellectual property rights. Licensee agrees that all worldwide copyright and other intellectual property rights in the Software, and all copies of the Software however made, are the exclusive property of Vendor. All rights in and to the Software not expressly granted to Licensee in this Agreement are reserved by Vendor. There are no implied licenses under this Agreement.

Subscription

Upon payment of the applicable subscription fees by Licensee, Software will be enabled for his/her own internal use, during the Term (defined below), through a single authorized instance of the ServiceNow Platform.

No license to use or access the ServiceNow Platform is granted to the Licensee under this Agreement. Access to the ServiceNow Platform must be purchased from ServiceNow separately.

Licensee is not entitled to delivery of a copy of the Software apart from its deployment on the single authorized instance of the ServiceNow Platform of the Licensee.

If the Vendor makes an updated or upgraded version of the Software during the term of the Agreement, the new version will be available to the Licensee at no additional cost.

Restrictions on Use

In no case should the Licensee be permitted to do or permit others to do any of the following:

(a) modify, adapt, alter, translate, or create derivative works of the Software, except that the Licensee may configure it to the extent that it is possible to do so using the features and functionalities of the ServiceNow Platform in their ordinary and intended manner, and that is possible as described in the Administrator Guide of the Software;

(b) merge or otherwise integrate this Software with external components or other software except for components of the ServiceNow Platform;

(c) sublicense, lease, rent, loan, assign or otherwise transfer the Software or its licence to any third-­­party;

(d) reverse engineer, decompile or disassemble the Software or otherwise attempt to derive its source code;

(e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright or trademark notices) of Vendor or its suppliers;

(f) reproduce or use the Software except as expressly authorized under this Agreement.

Definitions 

Accessible Code means a source code that is unprotected and accessible.

Protected Code means any source code that is protected against the access of the Licensee and any third party without Licensor’s prior written permission and is otherwise not accessible under this EULA.

Reseller means the Atlassian Marketplace which is selling and distributing Alpha Serve products.

Software means the Alpha Serve software that accompanies this EULA, which includes computer software, code and may include associated media, printed materials, online or electronic documentation, Internet-based services, and Embedded Software. 

User License means a license granted under this EULA to the Licensee to permit an Authorized User to use the Software. The number of User Licenses granted to the Licensee depends on the Fees paid by the Licensee.

License Terms

Licensee can download, install, and use the Software, published on Reseller by Alpha Serve.

User License is a binding legal agreement between the owner of the Atlassian instance using this Software and Alpha Serve.

The Software is protected by copyright and other intellectual property laws and treaties. The Licensee does not acquire any rights of ownership in the Software hereunder, except as licensed to users hereunder and subject to strict compliance with the terms of User License.

Presumed you read these terms and conditions carefully, and have agreed to all terms and conditions by using the Software.

Terms and Conditions

1. Licensee is allowed to use Software on the specified Atlassian server, for which the License is bought.

2. Licensee ensures that only an Authorized User uses the Software and only in accordance with the terms and conditions of this EULA.

3. Licensee ensures that the Software is not used for rental, timesharing, subscription services, hosting or outsourcing services.

4. Licensee may not, without the prior written consent of Alpha Serve:

   • decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive any part or whole of the Software;

   • directly or indirectly access or use any Embedded Software independently from the rest of the Software;

   • sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine-readable form the Software or any data/information not owned by Licensee which is provided to Licensee through the Software to a person who is not an Authorized User;

   • vary or amend the Software (including any Embedded Software, Protected Code or Accessible Code);

   • publish, promote, broadcast, circulate or refer publicly to the Alpha Serve name, trade name, trademark, service mark or logo without prior written consent from Alpha Serve;

   • commit any act or omission of the likely result of which Alpha Serve or any of its third-party suppliers’ reputation will be brought into disrepute, or which could reasonably be expected to have or does have a material and adverse effect on Alpha Serve’s interests;

   • distribute the Software using Original Equipment Manufacturer (OEM) Distribution without entering into a separate OEM Distribution Agreement with Alpha Serve;

   • copy or embed elements of the Accessible Code contained in the Software into other software. The Software may include license protection mechanisms that are designed to manage and protect the intellectual property rights of Alpha Serve and its third party suppliers. Licensee must not modify or alter those features to try to defeat the license protection mechanisms. Any such attempt by Licensee will result in the immediate termination of all licenses.