Solution for Power Platform
License Terms
These license terms are an agreement between you and A3Cloud Solutions (hereandafter - the Solution Provider). Please read them. They apply to the Soluition that mean a packaged set of components created, configured, or deployed within Microsoft Power Platform, including but not limited to applications, workflows, tables, connectors, plugins, dashboards, reports, and related resources, which collectively deliver specific business functionality. A Solution may be imported, installed, or customized within a licensed environment. Unless expressly authorized under these License Terms, Solutions and their constituent components shall not be copied, modified, sublicensed, distributed, or otherwise made available to third parties. All intellectual property rights in and to the Solution, excluding any Microsoft-owned services or third-party connectors, shall remain vested in the original creator or licensor, subject to the rights granted herein (here andafter the "Solution").
BY DOWNLOADING, INSTALLING, OR USING THE SOLUTION, 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 SOLUTION.
If the Solution enables or requires access to any Internet-based services, your use of those services will be subject to the separately-provided terms of use.
In this agreement "Solution Provider" means the entity licensing the Solution to you, as identified in AppSource or the Solution's description. If the Solution is licensed to you by Microsoft, then the Solution Provider is Microsoft (or based on where you live, one of its affiliates).
Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.
If you comply with these terms of use, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
1.1. You may install and use the Solution with your applicable Power Platform cloud service subscription. You may not install or use a copy of the Solution with a Power Platform cloud service subscription you do not own or control.
1.2. This Solution is a sample and is provided "as is" without warranty of any kind. Customer bears the sole risk and responsibility for any use of this Solution. Customer is expected to update and customize this Solution as appropriate for its own needs, and is responsible for ensuring that its implementation complies with all laws and regulations applicable to Customer's use. Solution Provider is not responsible for the performance, accuracy or results from the use of the Solution or any modifications to the Solution.
This Solution is not intended or made available for use as a medical device, clinical support, diagnostic tool, or other technology intended to be used in the diagnosis, cure, mitigation, treatment, or prevention of disease or other conditions, and no license or right is granted by Solution Provider to use this Solution for such purposes. This Solution is not designed or intended to be a substitute for professional medical advice, diagnosis, treatment, or judgement and should not be used as such. Sample data included in this Solution are for illustration only and are fictitious. No real association is intended or inferred.
2. INTERNET-BASED SERVICES.
The Solution Provider may provide Internet-based services with the Solution. In addition to the following, your use of those services is subject to the terms provided to you by the Solution Provider and/or your wireless carrier.
2.1. Consent for Internet-Based or Wireless Services. The Solution 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 Solution operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and Solution software, and peripherals) for Internet-based or wireless services.
2.2. 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.
2.3. Solutions use and/or may use APIs to process the data stored in different kind of Microsoft Cloud services. These are directly driven by Microsoft Corporation. Microsoft Cloud services are the matter of appropriate agreement between you and Microsoft. Microsoft Cloud services are out of Solution Provider responsibility and control. The Solution functionalities, controls, datasources properties, and interactions may be changed in the future .
3. SCOPE OF LICENSE.
The Solution is licensed, not sold. This agreement only gives you some rights to use the Solution. The Solution Provider reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the Solution only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Solution that only allow you to use it in certain ways.
Any intellectual or industrial property rights, as well as other exclusive rights on software or technical features related to this Solution, are owned by Solution Provider. Provided you comply with these terms, Solution Provider grants you a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Solution and other technical features on this Solution for its intended purposes. This license does not give you any rights to access, use, or share the original source code outside of this Solution purpose. All techniques, algorithms, and procedures in the Solution and related documentation are the sole property of Solution Provider.
All rights and licenses granted to you will immediately end if the agreement is terminated or expires.
You may not:
Despite the above, under this license, Customer can install, use, and run the Solution in accordance with subscription model, including per User per month model and/or per User per year model.
Solution Provider reserve the right to release updates and improvements to the Solution and its related software. Customer may need to download and install these updates to keep using them. However, in order to get access to completely new versions or releases of this Solution Customer may need to purchase a separate license. Notwithstanding the foregoing, Customer undertake to immediately delete any copies of the software upon the expiry of the license.
This Solution licensed will be valid and functional for the entire duration of the subscription, subject to the conditions of the agreement including, without limitation, any required updates. It is understood that the possible occurrence of errors and occasional technical faults is inherent to the nature of any software products and/or services. To the extent required under applicable law and/or the agreement, we commit to resolving possible defects and/or faults impairing the Solution’s functionality during the validity period, unless these result from any improper or irregular use of the Solution, including (without limitation) your failure (failures) to implement any required updates.
This Solution available for sale may be purchased via Microsoft AppSource and/ or other third-party software applications marketplaces. To access such purchases, you must follow the instructions provided on the relevant online store. Unless otherwise specified, purchases done via third-party online stores are also subject to third parties’ terms and conditions, which will always prevail upon these terms in case of conflict. You must read such third-party’ terms and conditions of sale carefully and accept them.
3.1. Subscription. A subscription is a recurring payment model that grants Customer access to the Solution, including through Microsoft AppSource. By subscribing, and/or starting trial period, and/or purchase this Solution on subscription model Customer agree to the following terms and conditions:
You may subscribe to this Solution using Company's Microsoft Cloud tenant account associated with your Microsoft AppSource account by using the relevant process. When doing so, you acknowledge, agree, and accept that:
4. ACCEPTABLE USE.
Neither you nor those that access the Solution through you may use the Solution:
5. PREVIEWS.
The Solution Provider may offer preview, beta or other pre-release features and versions of the Solution ("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 Solution Provider may change or discontinue Previews at any time without notice. The Solution Provider also may choose not to release a Preview as a "General Availability" commercial release.
6. DOCUMENTATION.
If documentation is provided with the Solution, you may copy and use the documentation solely for your reference purposes.
7. TECHNOLOGY AND EXPORT RESTRICTIONS.
The Solution 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 Solution. 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 www.microsoft.com/exporting.
8. SUPPORT SERVICES.
The Solution is provided "as is." Contact the Solution Provider to determine if any support services are available. If Microsoft is the Solution Provider, it may provide support services, but is not obligated to do so under this agreement.
9. THIRD PARTY SERVICES.
The Solution may allow you to access third party branded software, data, services, websites or products ("Third Party Services"). The Solution 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 Solution. 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 Solution Provider for the Solution. If Microsoft is the Solution Provider, this agreement cannot be construed to change the terms of any other agreement you may have with Microsoft with regard to Microsoft Power Platform, 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 Solution 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 Solution 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 SOLUTION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. THE SOLUTION PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOLUTION 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 SOLUTION. 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 SOLUTION 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 SOLUTION PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOLUTION 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 SOLUTION PROVIDER.
This limitation applies to:
It also applies even if:
BY DOWNLOADING, INSTALLING, OR USING THE SOLUTION, 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 SOLUTION.
If the Solution enables or requires access to any Internet-based services, your use of those services will be subject to the separately-provided terms of use.
In this agreement "Solution Provider" means the entity licensing the Solution to you, as identified in AppSource or the Solution's description. If the Solution is licensed to you by Microsoft, then the Solution Provider is Microsoft (or based on where you live, one of its affiliates).
Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.
If you comply with these terms of use, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
1.1. You may install and use the Solution with your applicable Power Platform cloud service subscription. You may not install or use a copy of the Solution with a Power Platform cloud service subscription you do not own or control.
1.2. This Solution is a sample and is provided "as is" without warranty of any kind. Customer bears the sole risk and responsibility for any use of this Solution. Customer is expected to update and customize this Solution as appropriate for its own needs, and is responsible for ensuring that its implementation complies with all laws and regulations applicable to Customer's use. Solution Provider is not responsible for the performance, accuracy or results from the use of the Solution or any modifications to the Solution.
This Solution is not intended or made available for use as a medical device, clinical support, diagnostic tool, or other technology intended to be used in the diagnosis, cure, mitigation, treatment, or prevention of disease or other conditions, and no license or right is granted by Solution Provider to use this Solution for such purposes. This Solution is not designed or intended to be a substitute for professional medical advice, diagnosis, treatment, or judgement and should not be used as such. Sample data included in this Solution are for illustration only and are fictitious. No real association is intended or inferred.
2. INTERNET-BASED SERVICES.
The Solution Provider may provide Internet-based services with the Solution. In addition to the following, your use of those services is subject to the terms provided to you by the Solution Provider and/or your wireless carrier.
2.1. Consent for Internet-Based or Wireless Services. The Solution 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 Solution operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and Solution software, and peripherals) for Internet-based or wireless services.
2.2. 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.
2.3. Solutions use and/or may use APIs to process the data stored in different kind of Microsoft Cloud services. These are directly driven by Microsoft Corporation. Microsoft Cloud services are the matter of appropriate agreement between you and Microsoft. Microsoft Cloud services are out of Solution Provider responsibility and control. The Solution functionalities, controls, datasources properties, and interactions may be changed in the future .
3. SCOPE OF LICENSE.
The Solution is licensed, not sold. This agreement only gives you some rights to use the Solution. The Solution Provider reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the Solution only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Solution that only allow you to use it in certain ways.
Any intellectual or industrial property rights, as well as other exclusive rights on software or technical features related to this Solution, are owned by Solution Provider. Provided you comply with these terms, Solution Provider grants you a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the Solution and other technical features on this Solution for its intended purposes. This license does not give you any rights to access, use, or share the original source code outside of this Solution purpose. All techniques, algorithms, and procedures in the Solution and related documentation are the sole property of Solution Provider.
All rights and licenses granted to you will immediately end if the agreement is terminated or expires.
You may not:
- work around any technical limitations in the Solution;
- reverse engineer, decompile or disassemble the Solution, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the Solution than specified in this agreement or allowed by applicable law, despite this limitation; or
- publish or otherwise make the Solution available for others to copy or use; or transfer, rent, lease, or lend the Solution.
Despite the above, under this license, Customer can install, use, and run the Solution in accordance with subscription model, including per User per month model and/or per User per year model.
Solution Provider reserve the right to release updates and improvements to the Solution and its related software. Customer may need to download and install these updates to keep using them. However, in order to get access to completely new versions or releases of this Solution Customer may need to purchase a separate license. Notwithstanding the foregoing, Customer undertake to immediately delete any copies of the software upon the expiry of the license.
This Solution licensed will be valid and functional for the entire duration of the subscription, subject to the conditions of the agreement including, without limitation, any required updates. It is understood that the possible occurrence of errors and occasional technical faults is inherent to the nature of any software products and/or services. To the extent required under applicable law and/or the agreement, we commit to resolving possible defects and/or faults impairing the Solution’s functionality during the validity period, unless these result from any improper or irregular use of the Solution, including (without limitation) your failure (failures) to implement any required updates.
This Solution available for sale may be purchased via Microsoft AppSource and/ or other third-party software applications marketplaces. To access such purchases, you must follow the instructions provided on the relevant online store. Unless otherwise specified, purchases done via third-party online stores are also subject to third parties’ terms and conditions, which will always prevail upon these terms in case of conflict. You must read such third-party’ terms and conditions of sale carefully and accept them.
3.1. Subscription. A subscription is a recurring payment model that grants Customer access to the Solution, including through Microsoft AppSource. By subscribing, and/or starting trial period, and/or purchase this Solution on subscription model Customer agree to the following terms and conditions:
- Subscription fees. Customer agree to pay the subscription fees specified in selected pricing plan for this Solution. All fees are non-refundable except as required by law.
- License grant. This subscription provides Customer with a non-exclusive, non-transferable license to access and use this Solution only for the duration of the subscription period.
- Automatic renewal. The subscription will automatically renew at the end of each term unless you cancel it before the renewal date. You authorize Solution Provider to charge the applicable subscription fees to your designated payment method at the time of renewal.
- Payment and taxes. You are responsible for all applicable taxes and fees associated with your subscription. Failure to pay these fees may result in the suspension or termination of your subscription.
- Modification of terms. Solution Provider reserve the right to modify the subscription terms and fees at any time. You will be provided with prior notice of any changes. Any modifications will take effect at the start of the next subscription period. Your continued use of the software after the changes take effect constitutes your acceptance of the new terms.
- Cancellation. You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current subscription period, and you will not be charged for the subsequent period.
- Termination. Solution Provider reserve the right to terminate your subscription immediately if you violate any terms of this agreement. Upon termination, your access to the Solution will be revoked.
- Account management. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
- Governing law. This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Solution Provider company is established, without regard to its conflict of law principles.
You may subscribe to this Solution using Company's Microsoft Cloud tenant account associated with your Microsoft AppSource account by using the relevant process. When doing so, you acknowledge, agree, and accept that:
- any payment due will be charged to Microsoft tenant ID;
- subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires;
- any fees or payments due for renewal will be charged within 24-hours before the end of the current period;
- subscriptions can be managed or cancelled in your Microsoft AppSource account settings.
4. ACCEPTABLE USE.
Neither you nor those that access the Solution through you may use the Solution:
- 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 Solution or impair anyone else's use of it; or
- in any application or situation where failure of the Solution could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage.
5. PREVIEWS.
The Solution Provider may offer preview, beta or other pre-release features and versions of the Solution ("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 Solution Provider may change or discontinue Previews at any time without notice. The Solution Provider also may choose not to release a Preview as a "General Availability" commercial release.
6. DOCUMENTATION.
If documentation is provided with the Solution, you may copy and use the documentation solely for your reference purposes.
7. TECHNOLOGY AND EXPORT RESTRICTIONS.
The Solution 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 Solution. 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 www.microsoft.com/exporting.
8. SUPPORT SERVICES.
The Solution is provided "as is." Contact the Solution Provider to determine if any support services are available. If Microsoft is the Solution Provider, it may provide support services, but is not obligated to do so under this agreement.
9. THIRD PARTY SERVICES.
The Solution may allow you to access third party branded software, data, services, websites or products ("Third Party Services"). The Solution 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 Solution. 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 Solution Provider for the Solution. If Microsoft is the Solution Provider, this agreement cannot be construed to change the terms of any other agreement you may have with Microsoft with regard to Microsoft Power Platform, 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 Solution 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 Solution 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 SOLUTION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. THE SOLUTION PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOLUTION 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 SOLUTION. 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 SOLUTION 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 SOLUTION PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOLUTION 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 SOLUTION PROVIDER.
This limitation applies to:
- anything related to the Solution, or services made available through the Solution, 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 Solution does not fully compensate you for any losses, and/or
- Solution Provider knew or should have known about the possibility of the damages.