GREENHOUSE SOFTWARE, INC.
GREENHOUSE ANALYTICS TERMS
Last Updated: November 21, 2016
1. Developer License: Allows Licensee access to its data via Amazon Redshift, which is updated nightly. Licensee’s authorized users can use the data in the business intelligence tool of choice. The Developer License comes with 2 hours of development assistance from Greenhouse to assist Licensee in recreating data structures. Additional developer hours will cost $250/hour.
2. Additional Restrictions Related to Greenhouse Analytics. Licensee shall not: (a) use Greenhouse Analytics to benchmark the performance or conduct performance testing of Greenhouse Analytics, or publicly disseminate benchmark or performance testing information or analysis regarding Greenhouse Analytics from any source; (b) make copies of Greenhouse Analytics; (c) modify or create derivative works of Greenhouse Analytics or remove any product identification, proprietary, copyright or other notices contained in Greenhouse Analytics; (d) allow more than the number of authorized users for which Licensee has paid Fees to access or use Greenhouse Analytics; (e) utilize any equipment, device, software, or other means designed to circumvent or remove any copy protection or product keys used in connection with Greenhouse Analytics; (f) use Greenhouse Analytics to develop a product or service that is competitive with Greenhouse Analytics; or (g) use Greenhouse Analytics to develop a product that converts any file format to another general-purpose file format. In the event of a breach of any of Licensee’s obligations set forth herein, Greenhouse may terminate Licensee’s Greenhouse Analytics subscription immediately, and all Fees will become immediately due and payable to Greenhouse.
3. To the extent that you purchase professional services (“Professional Services”) as indicated in the “Services” section of the order form governing your order to access the Greenhouse Analytics (“Order Form”), Greenhouse warrants that it will provide those Professional Services in a professional and workmanlike manner in accordance with the applicable professional standards. The preceding warranty is Greenhouse’s only warranty concerning the Professional Services, and is made expressly in lieu of all other warranties and representations, express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, merchantability and/or non-infringement.
4. Greenhouse’s liability to you (whether in contract, tort, negligence, strict liability, by statue or otherwise) arising from or in any way related to the Greenhouse Analytics, will not in the aggregate exceed the Fees that you have paid to Greenhouse. Your exclusive remedy for any claim arising out of these Analytics terms shall be for Greenhouse, upon receipt of written notice, to use commercially reasonable efforts to resolve the applicable problem at its reasonable expense, and failing that, the return to you of any Fees that you have paid to Greenhouse. In no event shall either party be liable to the other for consequential, incidental or punitive loss, damage or expenses (including, without limitation, lost profits or savings) even if it has been advised of the possibility of such losses.
Tableau Liability. YOU AGREE THAT IN NO EVENT WILL TABLEAU SOFTWARE, INC. OR ANY AFFILIATE OF TABLEAU SOFTWARE, INC.: (1) HAVE ANY WARRANTY, SUPPORT OR OTHER OBLIGATIONS TO YOU ARISING OUT OF THIS AGREEMENT; OR (2) HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.